Various udpates on India's 'Reservation Policy'

Update on the changes in reservations policy, in recent times

 Various udpates on India's 'Reservation Policy'

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• The story: Caste-based reservations in India is a major policy area. Many changes come from time to time. Here is a quick recap of some latest ones.
• Three major updates, 2021:

1. The Tamil Nadu Assembly adopted a Bill to provide 10.5% reservation for Vanniyars within the quota of MBCs and Denotified Communities (DNCs) in admission to higher education and government services.
2. Relying on the 102nd  Constitution Amendment, Supreme Court reiterated that States did not have the power to identify “socially and educationally backward” classes (SEBCs). This then forced the Centre to pass the 105th Amendment which again empowered States or Union Territories to prepare their own lists of SEBCs (entire opposition and ruling party were unanimous in Parliament on this)
3. The Central Educational Institutions (Reservation in Admission) Act, 2006  provided for uniform 27% reservation to OBCs which was implemented in all the Central Educational Institutions. But this was not extended to the AIQ seats of State medical and dental colleges. Now, from this year onwards, 27% of all-India quota for admissions for medical and dental courses will be reserved for OBCs and 10% for EWS

• What will change: So much is moving so fast, that now renewed demands for a comprehensive caste-based census and removal of the 50% cap on reservation have made a comeback.

1. Caste Census - The 2011 Socio-Economic and Caste Census’s report was made public five years ago but without the data on caste. Both the UPA and NDA have remained cagey on it. The Karnataka government launched a similar exercise in 2015 but the report is not out, due to reportedly 'adverse' findings on a leading caste group (considered to be numerous, found to be less so)
2. The 50% cap - Caste data alone cannot be used as the basis for breaching the 50% cap on reservation because there is no provision in the Constitution to link the quantum of reservation to the population. Tamil Nadu provides 69% quota for BCs, MBCs, SCs and STs but it was not framed keeping in mind the population of the reserved communities. Several other States have breached the cap by  adopting 10% quota for EWS, which is contrary to the original provisions in Constitution - backwardness is not financial in nature (Indra Sawhney & Others vs Union of India, 1992 - Reservation of any manner shall not exceed 50% was the SC verdict)
3. Maratha case 2021 - The 50 per cent ceiling limit for reservation laid down by Indra Sawhney case is on the basis of principle of equality as enshrined in Article 16 of the Constitution.

• Refining reservations: Experts say sub-categorisation is essential for equitable distribution of reservation benefits among OBCs, otherwise some dominant castes grab most. The Rohini Commission  on sub-categorisation of OBCs reports that just 10% of the OBC communities have accrued 24.95% of jobs and admissions. Frequently revising the income limit in determining the creamy layer may also help.

1. Inclusion of factors such as the trend of rise in GDP, inflation, per capita income and rise in the cost of living, etc. while revising the income limit
2. The definition of income needs to change which exempts income from salary and agriculture but takes into account income from other sources
3. The parliamentary committee had said that as on 2016, OBC employees in 78 ministries and departments of the Central government constituted only 21.57% against the quota of 27%. So implementation is key
4. Political parties should channel their energies to make substantive and qualitative changes in the way the reservation is implemented, otherwise it's only partially useful
5. Need to develop an evidence-based policy options that can be tailored to meet specific requirements of specific groups (hence, caste census)

• Summary: India may choose to set up an institute like the "Equal Opportunities Commission" to keep a close eye on the trends and implementation.
• EXAM QUESTIONS: (1) Explain some policy changes that have come about in reservations in jobs and education, in India, recently. (2) What are the various ways affirmative action can be effected in India? Explain. (3) Present three arguments in favour, and three against, reservations in India.

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