RESERVATION- DETERIORATING SIGNIFICANCE WITH CHANGING TIMES Kanishka Sood Legal Article Tue, Jul 04, 2023, at ,10:55 AM Reservation, in general, is a system of affirmative action that provides historically disadvantaged communities representation in education, employment, government schemes, scholarships, and politics. Although the contemporary discourse surrounding reservation is relatively recent, its origins can be traced back to a time when social divisions based on caste threatened to perpetuate the exclusion and marginalization of certain communities. Caste-based reservation policies in India began in 1882 when William Hunter and Jyotirao Phule originally conceived the idea of the same and then in August 1993, with the introduction of the Communal Awards. After decades of arduous struggle, India finally emerged from the shadows of colonial rule in 1947. The architects of independent India formed the constitution with unwavering dedication, recognizing the need for a comprehensive set of rules to govern the newly emancipated nation. As the framers of the Indian Constitution embarked on the task of shaping a new egalitarian society, they did so with great care and a vision for the future. At the core of this visionary document stands the preamble, focusing on Justice, Liberty, and Equality and advocating social, economic, and political fairness. Article 14 of the Indian Constitution gives the equality before law.Article 15 prohibits discrimination on grounds of religion, race, caste, sex or place of birth. Clause (3) and (4) consents the state for making special provisions for women and children and for the advancement of any backward classes of citizens or the Scheduled Castes and the Scheduled Tribes.Article 16 gives Equality of opportunity in matters of public employment. It says in clause (4), nothing in this article shall prevent the State from making any provision for the reservation of appointments or posts in favour of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State. [1]The caste-based reservation is a long-debated topic and many judgments have been passed till date, altering the policies. The State of Madras v. Smt. Champakam Dorairajan,1951 was the first major verdict of the Supreme Court on the issue of Reservation. It led to the ratification of the first Constitutional Amendment, wherein, Article 15 clause (4) has been inserted.In another important judgment of Indra Sawhney v. Union of India (1992), the court examined the scope and extent of Article 16(4). It averred the exclusion of the creamy layer of OBCs from the list of beneficiaries of reservation, eliminated reservation in promotions, and announced the 50% ceiling for the total reserved quota. This led to the enactment of the 77th Constitutional Amendment Act which introduced Article 16(4A).The Supreme Court in M. Nagaraj v. Union of India, 2006 maintained the lawfulness of Article 16(4A) and held that any reservation policy to be constitutionally valid shall satisfy the following three constitutional requirements:The SC and ST communities should be socially and educationally backward.The SC and ST communities must not be adequately represented in public employment.Such reservation policy shall not affect the overall efficiency in the administration.In Jarnail Singh vs Lachhmi Narain 2018, Supreme Court held that creamy layer exclusion extends to SC/STs.[2]The current reservation system in India, primarily based on caste, has become a major concern. Over time, the economic and social conditions of previously disadvantaged groups have improved significantly. However, economically weaker individuals from the unreserved category face challenges as they compete for limited opportunities against financially advantaged individuals from reserved communities. This has led to an imbalance that needs to be addressed. A recent judicial judgment, Janhit Abhiyan v Union of India, upheld the validity of the 103rd Constitutional Amendment Act, 2019, which inserted Articles 15(6) and 16(6) in the constitution to provide up to 10% reservation to the economically weaker sections among the non-reserved population, taking a step towards rectifying this issue. Brain drain and students seeking education in foreign countries are other issues arising from the constraints of seats. According to ‘Study International’, the world’s largest democracy is experiencing one of the world’s worst cases of brain drain. India sends as many as 777,000 students abroad, with the numbers expected to hit 1.8 million by 2024. Feeling pushed out by India’s reservation system, disillusioned students leave and seek education elsewhere. In the US alone, a total of 62,000 student visas were issued and the UK admitted 26,685 Indian students in 2021 [3]. This should be a matter of concern as, in the long run, it may impact the country’s economic growth rate due to a reduction in labor force effectiveness.Reservation policies are the primary adversary of meritocracy for rejecting people of higher competence from the general category and accepting the reserved category with lower competence. The reservation policy acts as a disincentive to the meritorious and more capable. If this continues to prevail, the overall efficacy of government positions and education quality may be jeopardized. Reserving seats based on caste is essentially a form of discrimination that violates the right to equality. Most of the discriminated communities have now emerged as well-to-do families. It is interesting to note that 60 percent of the reserved category employees’ socio-economic background was as high as middle and upper-class society [4]. In a nutshell, the continuation of caste reservation is not only futile but will also have negative impact on Indian society, be it in the guise of discrimination or unfair competition. A common and most coherent solution to the problems arising from the current policies is to comprehensively reform the system. A crucial step towards achieving a more equitable reservation system is to transition from a caste-based and community-based approach to formulating rules that consider an individual's economic predicament.Furthermore, a shift in focus towards individual development, rather than solely reserving seats, can drive positive change. Prioritizing social welfare, skill enhancement, and overall personal growth can empower individuals to harness their potential and contribute to economic progress.By upholding the right to education for all children and exploring avenues to provide free education to those from disadvantaged backgrounds, fairness in competition can be preserved.Additionally, empowering individuals through entrepreneurship with financial support, training, and mentorship programs can create sustainable pathways for socio-economic upliftment.These steps, among others, present an encouraging pathway towards a more balanced and harmonious reservation system that ensures equal opportunities for all individuals in India.The reservation system, as formulated by the framers of the Constitution, was supposed to be an interim arrangement for 10 years for the upliftment of the underprivileged [5]. However, as time has passed, the implementation and impact of the system have become a subject of scrutiny and debate. While acknowledging its inherent strengths and weaknesses, it is crucial to recognize that the utilization of reservations has, in certain instances, been influenced by political maneuvering. It is incumbent upon us, as a society, to foster a spirit of spiritual awareness and introspection, seeking a harmonious and equitable approach to address the challenges and intricacies of the reservation system.Like a paradoxical tale of noble intentions entangled in unforeseen consequences, the once-venerated system reveals its adverse effects upon closer examination. From the intricate threads of caste-based divisions to the fraying fabric of misplaced benefits, the adverse impact of reservation becomes increasingly evident. In this juncture of reflection and reformation, the call for comprehensive reforms resonates with the essence of a nation yearning for inclusivity and progress. By weaving a new narrative that emphasizes individual merit, economic considerations, and holistic social welfare, India can embark on a transformative journey towards a society where equal opportunities flourish and the tapestry of unity is woven anew.REFERENCES[1] “THE CONSTITUTION OF INDIA,” 2022.[2] D. Ias, “Reservation in India.”[3] “Has affirmative action in India spurred a brain drain crisis?,” 2022. studyinternational.com/news/affirmative-action-in-india (accessed Jun. 30, 2023).[4] K. Singha, “Caste Based Reservation in India: An Analysis,” Social Work Chronicle, vol. 1, no. 1, 2012.[5] TEEN POINT OF VIEW, “Employment by merit or reservation?,” 2019, Accessed: Jun. 30, 2023. [Online]. Available: theteenagertoday.com/employment-by-merit-or-reservation/[6] U. Chaudhary, M. Singh, and S. Aggarwal, “Equality vis-à-vis reservation system in India,” Int J Health Sci (Qassim), 2022, doi: 10.53730/ijhs.v6ns5.9250.[7] “Reservation in India explained”, Accessed: Jun. 30, 2023. [Online]. Available: everything.explained.today/Reservation_in_India/[8] “Reservation in India _ Detailed Pedia”, Accessed: Jun. 30, 2023. [Online]. Available: detailedpedia.com/wiki-Reservation_in_India[9] atish mathur, “reservation polity”, Accessed: Jun. 30, 2023. [Online]. Available: atishmathur.com/polity/reservation[10] gopika arun, “Reservation System In India & Right To Equality - Indian Law Portal,” Indian Law Portal, Accessed: Jun. 30, 2023. [Online]. Available: indianlawportal.co.in/reservation-system-in-india-right-to-equality/[11] Vanshjaa Sengar, “Reservation_ A Boon or a Bane - Black n’ White Journal,” BnW, 2020, Accessed: Jun. 30, 2023. [Online]. Available: bnwjournal.com/2020/12/23/reservation-a-boon-or-a-bane/ [6][7], [8][9][10][11]