Introduction
Affirmative action, known in India as reservations, refers to measures designed to uplift historically disadvantaged communities and ensure equality of opportunity. Rooted in Articles 15(4), 15(5), 15(6), 16(4), and 16(6) of the Indian Constitution, reservations aim to address structural inequalities that persist due to caste, class, and economic status.
Constitutional Provisions
- Article 15(4) & 15(5): Permit the State to make special provisions for the advancement of socially and educationally backward classes, SCs and STs, especially in educational institutions.
- Article 16(4): Allows reservations in public employment.
- Article 15(6) & 16(6): Inserted through the 103rd Constitutional Amendment, enabling up to 10% reservation for Economically Weaker Sections (EWS) from the general category.
Objectives of Reservation
- Ensure representation of marginalized communities in education, employment, and politics.
- Promote social equality and justice by neutralizing centuries of oppression and exclusion.
- Create an inclusive structure that fosters upward mobility.
Categories Benefiting from Reservations
- Scheduled Castes (SCs) – historically oppressed castes.
- Scheduled Tribes (STs) – communities isolated due to geographical and social factors.
- Other Backward Classes (OBCs) – identified through the Mandal Commission Report (1980).
- EWS (Economically Weaker Sections) – based on income criteria irrespective of caste.
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Landmark Judgments
- Indra Sawhney v. Union of India (1992)
- Upheld 27% reservation for OBCs.
- Capped total reservation at 50% (except in exceptional circumstances).
- Excluded creamy layer (economically advanced individuals) from OBC reservation.
- M. Nagaraj v. Union of India (2006)
- Ruled that reservations in promotions require proof of backwardness and administrative inefficiency.
- Janhit Abhiyan v. Union of India (2022)
- Upheld the constitutionality of 10% EWS quota under the 103rd Amendment.
Criticism & Challenges
- Critics argue that reservation can perpetuate caste identities.
- The creamy layer exclusion is inconsistently applied.
- Reservations are sometimes viewed as vote-bank politics.
- There’s a growing debate on whether economic criteria should be the sole basis for affirmative action.
Way Forward
- Periodic review of reservation policies to ensure they benefit the truly disadvantaged.
- Emphasis on education, skill development, and economic empowerment.
- Use of data and socio-economic surveys to revise beneficiary lists and ensure fairness.
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Conclusion
Reservations and affirmative action are constitutional mechanisms to achieve social justice in a deeply unequal society. While debates continue on their scope and effectiveness, they remain essential tools to ensure dignity, equality, and inclusive growth.
