Refining The Reservation Policy

Context: In order to uphold social justice, the inclusion of all, and address the plight of the underprivileged among OBCs, there’s a need for substantive and qualitative changes in the way the reservation is implemented.

Recent developments in caste-based reservations policy

• 105th Constitutional Amendment Act, 2021: Re-empowered States to prepare their own lists of SEBCs.
• Brought in to nullify the changes incorporated since the 102nd Constitutional Amendment Act and the subsequent Supreme Court judgment that States did not have the power to identify “socially and educationally backwards” classes (SEBCs).
• Expansion of reservations to medical entrance exams: From this year onwards, 27% of the all-India quota for admissions for medical and dental courses will be reserved for OBCs and 10% for EWS.

Issues with the current reservation policy

• Breaching the 50% cap: The 50 per cent ceiling limit for reservation was laid down by the Indra Sawhney case, upholding the principle of equality as enshrined in Article 16 of the Constitution.
  • There must be extraordinary circumstances to justify the quantum to exceed the 50% cap—E.g. Case of 69% reservation in Tamil Nadu.
  • No constitutional basis for 50% limit: Clauses (4) and (5) of Article 15 and clause (4) of Article 16 of the Constitution reveals that the scheme of reservation for SEBCs is permissible in case of OBCs which are “not adequately represented” in services in the State.
  • No correlation with population: As no provision in the Constitution to link the quantum of the reservation to the population of the OBCs.
• Data-deficiency in caste-based demographics of population: 
  • 2011 Socio-Economic and Caste Census’s report was made public, but without data on caste.
  • The 69% quota for Backward Classes in Tamil Nadu, still based on the outdated Second Backward Classes Commission data.
• Need of Sub-classification of OBCs: To make the benefits of reservation equitably distributed.
  • The National Commission for Backward Classes in 2015 emphasised the creation of three sub-categories — extremely backward classes, more backward classes and backward classes.
  • The Rohini Commission, constituted by the Centre in 2017 for sub-categorisation of communities in the Central list of OBCs, is yet to submit the report.
  • Some States and Puducherry have already completed the task of sub-categorisation.
• Relooking creamy layer concept:
  • Tamil Nadu’s First Backward Classes Commission recommended that the “affluent sections” in the backward classes should be “precluded from the reservation” for the reason of equity.
  • Revision of annual income limit is pending: Since September 1993, this was revised only five times against the norm of revision every three years.
  • Policy design issues: While calculating family income (Rs.8 lakh per annum for determining the creamy layer), income from salary and agriculture are not considered, but “income from other sources” is taken into account.
• Vacancies in the posts of OBCs to be filled expeditiously: Centre shall conduct special drives frequently.
  • According to the parliamentary committee, on January 1, 2016, OBC employees in 78 ministries and departments of Central government constituted only 21.57% against the quota of 27%.
  • In respect of Groups A and B services, the share of OBCs was much lower.

Conclusion: There is a need to channel our  energies to make substantive and qualitative changes in the way the reservation is implemented.