Reservation Policy in India
Revision notes for Prelims:
First Backward Classes commission
→ in 1953
→ chairman: Kaka Kalelkar
→ submitted its report in 1955
→ Recommendations were not implemented
Second Backward Classes Commission
→ in 1979 by the Morarji Desai Govt.
→ chairman: BP Mandal
→ Report submitted in 1980
→ Commission recommended for reservation of 27% govt. jobs for the OBCs.
→ In 1990, V P Singh govt. declared reservation of 27% govt jobs for the 08C,
→ In 1991, Narashimha Rao govt. introduced two changes:-
(a) adoption of economic criteria in granting reservation among the O Bos
(b) another 10% reservation for economically backward sections of higher castes
Indra Sawhney Case:
In the Mandal case (Indra Sawhney v. Union of India, 1992), Supreme Court
→ rejected the 10% reservation for poorer sections of higher castes
→ Upheld the constitutional validity of 27% for OBC
→ exclusion of creamy layer from the OBC reservation
→ no reservation in promotions
→ 50% Cap on reservation
→ establishment of a permanent statutory body for the inclusion and exclusion in the list of OBCs
→ carry forward rules in case of backlog vacancies. But it should not violate 50% rule.
With regard to the above rulings of the SC, the govt has taken the following actions: –
(a) Ram Nandan Committee was appointed to identify the creamy layer among OBCs
→ submitted its report in 1993
(b) National Commission for Backward classes (NCBC) was established in 1993
(b) 77th Amendment Act was enacted in 1995 to provide for reservation in promotions for SCs & STs that are not adequately represented.
Again, the 85th Amendment Act of 2001 provides for a consequential seniority, in case of reservation in promotion for SCs & STs with retrospective effect from June 1995.
(c) 81st Amendment Act of 2000, empowers the state to consider the backlog vacancies of a year as a separate class of vacancies, and are not be combined with the vacancies of the
year in which they are being filled.
It ends the 50% Ceiling on reservation in backlog vacancies.
(d) 76th Amendment Act of 1994 placed the Tamil Nadu Reservation Act of 1994 for 69 % of reservation in 9th Schedule to protect it from Judicial review.
103rd Constitutional Amendment Act 2019
→ provided 10% reservation in jobs and educational institutions to the Economically weaker sections (EWS) in the general category-
→ This amendment amended 2 FRs- Article 15 and Article 16
→ It also makes a note of the Article 46 (DPSP)
→ Yet to pass the judicial scrutiny since the SC had set the cap of 50% on reservation- (Indra Sawhney v. Union of India)
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