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society. The Reservation Policy has strived hard to reduce the gap between upper and lower castes of the society.

HISTORICAL BACKGROUND OF THE CASTE BASED RESERVATION-

Since time immemorial India is facing evil practice such as untouchability. Scheduled Castes were the worst sufferers of this practice, which has been eradicated by the Article 17 of the constitution. An untouchable person is referred as impure or a person who does menial jobs.

During Vedic period Varna System was very much prevalent in the society. It was largely based on the work that a person does than based on birth. The system consisted of mainly four varnas namely Brahmanas, Kshatriyas, Vaisyas and Sudras in the social hierarchy of the society. A person’s varna was mainly defined on the basis of a person’s socio-economic duties. Later on the varna system was changed to caste system which was based on birth rather than by the duties that a person performed.

The most important objective of the Indian reservation system is to increase the opportunities for improvement in social and educational status of the under privileged sections and also to bring them to the mainstream of the society. The reservation system also tries to improve their political status by giving opportunity to represent in State Legislatures.

In Article 16(4), the Constitution states, “Nothing in (article 16) or in clause (2) of article 29 shall prevent the state from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes. According to Article 46, “ the State shall promote with special care, the educational and economic interests of the weaker sections of the people, and in particular, of the Scheduled Castes and the Scheduled Tribes and shall protect them from social injustice and all forms of exploitation.

Among 543 seats in India’s Parliament, 84 or 18. 42% are reserved for SC or Dalits and 47 seats or 8.66% for Scheduled Tribes. Allocation of seats are made on the basis of their total population. In 1982, the constitution mentioned 15% in public sector and 7.5% vacancies in government aided educational institutes should be reserved for Scheduled Caste and Scheduled Tribes respectively for a period of 5 years. The Supreme Court has also ordered that reservation cannot exceed more than 50%.

At present the Reservation System of the Union Government for different backward classes is as follows:

Scheduled Castes(SC) - 15%

Scheduled Tribes (ST) - 7.5%

Other Backward Classes(OBC) - 27%

Total Constitutional reservation percentage - 49.5%

General which includes SC/St and OBC - 50.5%

While coming to Gender aspect, in 1993, a constitutional amendment in India called for reservation for women in gram panchayat. The village council is responsible for providing infrastructure facilities in villages such as public buildings, water and roads and also identifying several government programmes and policies. Some of the recent research studies on quota system have stressed on the fact that, perception about ability of women has been changed and it has made significant improvement in women’s electoral chances and also to attain education.

When the women’s Reservation Bill was passed on 9th March 2010, in Rajya Sabha 186 members were in favour and only 1 was against reservation for women. Some of the critics argued that even economic and social conditions of women should be given importance and according to some of the feminists reservation should atleast be 50% as they represent 50% of the population.

Some of the states have done a remarkable achievement by providing reservation for religious minorities. For example, The Tamil Nadu government has reserved 3.5% of seats to Muslims and Christians thereby providing 23% reservation to Other Backward Classes (OBCs) instead of 30%. Andhra Pradesh Government has also reserved 4% of seats for Muslims in 2004. Maharashtra government has also reserved 5% of seats for Muslims.

Long before independence reservations for backward classes comprised of Presidency areas and the princely states. Hunter Commission was appointed in 1882. Jyotirao Phule demanded for free and compulsory education and also representation in government jobs for backward classes. In 1901, reservations were introduced in Maharashtra by shahu Maharaj. In 1902 Sahuji Maharaj introduced reservation for non- Brahmin and backward classes. He also appealed for the abolition of untouchability.

After independence in 1979, Mandal Commission was established to look into the situation of socially and educationally backward classes. Other Backward Class is a term used by Government of India to classify castes which are educationally and socially disadvantaged. It is one of the official classification along with Scheduled Castes and Scheduled Tribes. The Indian Constitution has described OBCs as “ socially and educationally backward classes and the Government of India should ensure social and educational development of OBCs and they are entitled to 27% reservations in public sector employment and higher education. Article 340 of the Indian Constitution promotes welfare of the OBCs.

On 29th January 1953, the first Backward Classes Commission was appointed under the chairmanship of Kaka kalelkar. In its report in 1995, it has prepared a list of 2,399 backward castes out of which 837 were classified as the most backward. The recommendations of the Commission are as follows-

Caste-wise enumeration of population in the Census of 1961

Relating social backwardness of a class to its low position in the traditional caste hierarchy of Indian society

Treating all women as backward class

Reservation of 70% seats in technical and professional institutions for backward classes.

Reservation of vacancies in all government services and local bodies for other backward classes.

On 1st January 1979, second backward classes commission was set up which is known as Mandal Commission under the chairmanship of B.P Mandal. According to thios Commission, 52% of the total population included other backward classes. As this estimation was criticized, the National Sample Survey estimated this figure as 32%.

WOMEN’S RESERVATION BILL

Women’s Reservation Bill or The Constitution (108th Amendment Bill), is a pending Bill which proposes for 33% of all seats in the lower house of Parliament of India, Lok Sabha and in all State Legislative Assemblies for women. Rajya Sabha has passed the Bill on 9th March 2010. In February 2014, the Lower House Lok Sabha has not yet voted on the bill. If Lok Sabha approves the Bill, then it has to be passed by half of India’s State Legislatures and signed by the President. In 1993, a Constitutional Amendment was passed in India that called for 1/3rd of positions in Gram Panchayats to be reserved for women. Some of the feminists argue that reservation of seats for women will increase women participation in politics and society.

Part xvi of the Indian Constitution has specified SPECIAL PROVISIONS RELATING TO CERTAIN CLASSES which are as follows-

330. Reservation of seats for Scheduled Castes and Scheduled Tribes in the House of the People

1. Seats shall be reserved in the House of the People for-

the Scheduled Castes

The Scheduled Tribes except the Scheduled Tribes in the autonomous districts of Assam; and

the Scheduled Tribes in the autonomous districts of Assam.

2. The number of seats reserved in any state or Union territory for the Scheduled Castes or the Scheduled Tribes under clause(1) shall bear, as nearly as may be, the same proportion to the total number of seats allotted to that State or Union Territory in the House of the People as the population of the Scheduled Castes in the State or Union Territory or of the Scheduled Tribes in the State or Union territory or part of the State or Union Territory, as the case may be, in respect of which seats are so reserved, bears to the total population of the State or Union Territory.

331. Representation of the Anglo-Indian community in the House of the People-

Notwithstanding anything in article 81, the President may, if he is of opinion that the Anglo-Indian community is not adequately represented in the House of the People, nominate not more than two members of that community to the House of the People.

332. Reservation of seats for Scheduled Castes and Scheduled Tribes in the Legislative Assemblies of the States-

Seats shall be reserved for the Scheduled Castes and the Scheduled Tribes(except the Scheduled Tribes in the autonomous districts of Assam )in the Legislative Assembly of every State.

Seats shall be reserved also for the autonomous districts in the Legislative Assembly of the State of Assam.

The number of seats reserved for the Scheduled Castes or the scheduled Tribes in the Legislative Assembly of any State under clause (1) shall bear, as nearly as may be, the same proportion to the total number of seats in the Assembly as the population of the Scheduled Castes in the State or of the Scheduled Tribes in the State or part of the State, as the case may be, in respect of which seats are so reserved bears to the total population of the State.

333. Representation of the Anglo-Indian community in the Legislative Assemblies of the States- Notwithstanding anything in article 170, the Governor of a State may, if he is of opinion that the Anglo- Indian Community needs representation in the Legislative Assembly of the State and is not adequately represented therein.

334. Reservation of seats and special representation to cease after ( 60 years )-

Notwithstanding anything in the forgoing provisions of this part, the provisions of this Constitution relating to-

The reservation of seats for the Scheduled Castes and the Scheduled Tribes in the House of the people and in the Legislative Assemblies of the States; and

The representation of the Anglo-Indian Community in the House of the People and in the Legislative Assemblies of the States by nomination,

Shall cease to have effect on the expiration of a period of (60 years) from the commencement of this Constitution.

335. Claims of Scheduled Castes and Scheduled Tribes to services and posts-

The claims of the members of the Scheduled Castes and the Scheduled Tribes shall be taken into consideration, consistently with the maintenance of efficiency of administration, in the making of appointments to services and posts in connection with the affairs of the Union or of a State.

336. Special Provision for Anglo-Indian Community in certain services- During the first two years after the commencement of this Constitution, appointments of members of the Anglo-Indian community to posts in the railway, customs, postal and telegraph services of the Union shall be made on the same basis as immediately before the 15th day of August, 1947.

337. Special provision with respect to educational grants for the benefit of Anglo-Indian Community- During the first three financial years after the commencement of this Constitution, the same grants, if any shall be made by the Union and by each State for the benefit of the Anglo-Indian community in respect of education as were made in the financial year ending on the 31st day of March, 1948.

338. National Commission for Scheduled Castes-

There shall be a Commission for the Scheduled Castes to be known as the National Commission for the Scheduled Castes.

Subject to the provisions of any law made in this behalf by Parliament, the Commission shall consist of a Chairperson, Vice-Chairperson and three other members and the conditions of service and tenure of office of the Chairpersons, Vice-Chairpersons and other Members so appointed shall be such as the President may be rule determine.

The Chairperson, Vice-Chairperson and other Members of the Commission shall be appointed by the President by warrant under his hand and seal.

The Commission shall have the power to regulate its own procedure.

The President shall call such reports to be laid before each House of Parliament along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the Union and the reasons for the non-acceptance, if any, of any such recommendations.

6. Where any such report, or any part thereof, relates to any matter with which any State Government is concerned, a copy of such report shall be forwarded to the Governor of the State who shall cause it to be laid before the Legislature of the State along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the State and the reasons for the non-acceptance, if any, of any of such recommendations.

The Commission shall,