Relevance of Religion-Based Reservation in India

Relevance of Religion-Based Reservation in India

GS-1: Indian Society

(IAS/UPPCS)

08/05/2024

Source: IE, DJ

Why in news:

In recent times, the issue of religion-based reservation has become a topic of discussion between the ruling and opposition political parties during the 18th Lok Sabha elections.

Reservation:

  • Reservation means securing one's position and place. Reservation is generally related to local, Lok Sabha or assembly elections or employment in a government department.

Historical background of reservation in India and its various stages:

  • Hunter Commission: The demand for reservation stemmed from the formation of the Hunter Commission in 1882.
  • The then famous social reformer Mahatma Jyotirao Phule demanded free and compulsory education and reservation in jobs in the British government.
  • In 1891, eligible natives in public service in the feudal princely state of Travancore
  • Demand was made for reservation in government jobs.
  • In 1901, reservation was introduced by Shahu Maharaj in Kolhapur, the feudal princely state of Maharashtra. Under this, reservation was demanded for the first time for Dalit communities in India.
  • Reservation provision was made in the Government of India Act in 1909 and 1919.
  • In 1935, the Indian National Congress had ensured the provision of reservation in constituencies for the Dalit class in the context of the Poona Pact.
  • Provision for reservation was made in the Government of India Act-1935.
  • In 1942, B. R. Ambedkar established the All India Depressed Classes Federation for reservation of Scheduled Castes in government services and education.
  • On January 26, 1950, a special provision for reservation was made in the Indian Constitution for the upliftment of socially and educationally backward classes or Scheduled Castes and Scheduled Tribes by providing equal opportunities to all citizens.

Kalelkar Commission:

  • In 1953, Kalelkar Commission was constituted to evaluate the condition of socially and educationally backward classes. This commission recommended reservation for SC and ST, but reservation for OBC was rejected.

Mandal Commission:

  • In 1979, Mandal Commission was constituted to evaluate the condition of socially and educationally backward classes.
  • In 1990, the Mandal Commission recommendations were implemented in government jobs by PM Vishwanath Pratap Singh.
  • In 1991, the PV Narasimha Rao government introduced a separate 10% reservation for the poor in upper castes.
  • In 1992, the Supreme Court upheld reservation for Other Backward Classes in the Indira Sawhney case.
  • In 1995, Parliament enacted Article 16(4)(a) by the 77th Constitutional Amendment to provide for reservation for SCs and STs.
  • On August 12, 2005, the Supreme Court in P.A. The unanimous judgment in the case of Inamdar and others vs. State of Maharashtra and others held that reservation for minorities and non-minorities in aided colleges, including state professional colleges, cannot be binding.
  • In 2005, overturning the decision of the Supreme Court, the 93rd Constitutional Amendment ensured reservation for backward classes and Scheduled Castes and Tribes in private educational institutions.
  • Reservation for Other Backward Classes in central government educational institutions started from 2006.
  • On 10 April 2008, the Supreme Court upheld the implementation of 27% OBC quota in funded institutions.

Current status of reservation:

  • Currently, there is a provision of 49.5% reservation in higher education by the Government of India and various states can make laws to increase the reservations.
  • According to the Supreme Court decision, reservation cannot be more than 50%, but some states like Rajasthan and Tamil Nadu have proposed reservation up to 68% and 87% respectively, which also includes 14% reservation for upper castes.

Constitutional provision regarding reservation:

  • There is no provision for religion-based reservation in the Indian Constitution as mentioned in Article 15 that no person shall be discriminated against on grounds of caste, race, sex, religion or place of birth.
  • However, in the Indian Constitution, the benefit of reservation has been given to backward and Dalit communities on the basis of social, economic and education, which is still in force. And this is an exception.
  • According to Article 15(4), if the State feels, it can make special provisions for the socially and economically backward or Scheduled Castes or Scheduled Tribes.
  • Article 16 talks about equality of opportunities. According to Article 16(4), if the State feels that backward classes are not adequately represented in government services, then it can reserve posts for them.
  • Under Article 330, seats have been reserved for Scheduled Castes and Tribes in Parliament and 332 in State Legislative Assemblies.

Religion-based reservation:

  • The concept of religion-based reservation was first implemented in the State of Travancore-Cochin in 1936.
  • At present, Muslims have been given the benefit of reservation in some states.

Kerala:

  • The state of Kerala has given the benefit of reservation to about 22% of the Muslim population in the OBC category.

Tamil Nadu:

  • The Tamil Nadu government has allocated 3.5-3.5% seats for Muslims and Christians, thereby reducing the OBC reservation from 30% to 23%, as Other Backward Classes belonging to Muslims or Christians were excluded from it.

Karnataka:

  • Karnataka has included Muslims in reservation on the basis of backwardness as per the recommendation of Justice O Chinnappa Reddy's commission.

Andhra Pradesh and Telangana:

  • The states of Andhra Pradesh and Telangana have proposed to provide 5% and 12% reservation benefits to Muslims on the basis of backwardness respectively, which could not be implemented due to various criticisms as these are more than the 50% limit set by the Supreme Court.
  • The Central Government has listed many Muslim communities as backward Muslims, due to which they are entitled to reservation.

Significance:

  • Social equality: Religion-based reservation is important in achieving social equality. Through this, those communities and classes which are socially and economically backward get equal opportunities along with their entitlements.
  • Justice and equality: Reservation is important in terms of justice and equality. It provides opportunities based on their abilities and talents to those individuals who have been left behind due to social or economic reasons.
  • Political Economic Strength: Reservation is also important for political and economic strength. This provides an opportunity to different communities to participate in political and social processes and promotes social harmony.
  • Education and Employment: Religion-based reservation has importance in the field of education and employment. It provides opportunities for advanced education and employment to groups who have been historically disadvantaged.
  • Social Unity: Religion-based reservation is also important in promoting social unity and harmony. It brings different communities together and helps in reducing discrimination.

Criticism:

  • Utility and impact: Some people believe that it provides opportunities only to certain sections and unduly restricts others.
  • Hindering development and progress: Some elements opposed to religion-based reservation believe that it hinders development and progress because it does not select skills and abilities according to their needs.
  • Social disputes: Disputes arise in the society regarding religion-based reservation, which can divide the Indian society and weaken social harmony.
  • Corruption in the name of efficiency: Some people also believe that the use of religion-based reservation promotes corruption, as it determines the distribution of jobs and courses on the basis of caste or religion rather than efficiency.
  • Constitutional Elements: Some people consider religion-based reservation undesirable as per the values of the Constitution, as it is against the principles of individual liberty, equality and justice.

Conclusion:

The history of religion-based reservation has been an important step towards social justice and equality in Indian society, but there have always been controversies regarding its impact and use. Therefore, the importance and criticisms of religion-based reservation should be evaluated from time to time so that its use can be improved and appropriate policies can be implemented to develop the society.

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Mains Question:

Critically examine religion-based reservation in India.