INTRODUCTION
Reservation is an affirmative action programme in India that ensures traditionally marginalized groups have representation in education, jobs, and politics. It enables the Indian government to set reserved quotas or seats based on provisions in the Indian Constitution, which lower the qualifications required in examinations, work openings, and other situations for socially and economically backward people. In India, reservation refers to the practice of denying certain groups of people access to seats in educational institutions, government employment, and even legislatures. Affirmative action is another name for it, and the reservation can be seen as constructive discrimination. Reservation is a government policy in India, and it is backed by the Indian constitution
WHY IS THE DEBATE SO ACUTE?
RESOURCES AT STAKE: Reservations favor schooling, housing, and legislative positions, among other things. Where a country’s resources are limited, poverty and malnutrition are common, and unemployment is high, there is bound to be conflict when a policy on resource allocation is implemented. Resources are linked to humans’ basic needs, and when they have to make compromises for them, they will work in any circumstances to reap the benefits.
RADICALLY OPPOSING VIEWS: If you prefer reservations, it means you’ve been taught about the benefits of reservations since you were born as well as the fact that this is a facility that people want to take away from us. They have ruled over us for thousands of years, and now that we have a chance, they want to take it away from us. As a result, the entire community is on high alert, fearful that if anyone opposes, they will strike without even learning the reason for the protest. People who did not receive a reservation, on the other hand, believe that those who did receive a reservation are adequate and are taking our children’s place. Apart from that, they believe there is a massive plot against our culture, caste, and faith
HOW TO DEVELOP AN APPROPRIATE UNDERSTANDING ON THIS ISSUE
It’s best to think about something as neutral when trying to comprehend it. All of the disagreements in this universe arise because we are aware of our advantages and disadvantages. If we consider ourselves to be impartial, we will note that we have benefited illegally from other situations.
IS RESERVATION IS AGAINST EQUALITY?
The NEGATIVE CONCEPT OF EQUILITY; states that there will be no discrimination and that all will be treated fairly. A fair law for all, on the other hand, would not result in an equal outcome since those who have already benefited from the rule gain additional benefits, while those in lower social groups do not have the ability to change their situation.
POSITIVE CONCEPT OF EQUALITY; A positive concept of equality does not imply that rules should be made equal for all; rather, it implies that the distance between poor class people Equality entails taking steps in the direction of disadvantaged groups in order to help them uplift themselves.
POSITIVE DISCRIMINATION IS A CONSTITUTIONAL PROVISION
Article 17: Abolition of “untouchability” and criminalization of its practice in any form. Article 45: Promotion of education and economic interests. Article 330 and 332: Seats in the Lok Sabha and State Assemblies are reserved. Article 16(4): Article 16 guarantees equal opportunity for all citizens in matters relating to employment or appointment to any state office. However, “Nothing in this Article shall preclude the state from making any provision for the reservation of appointment or posts in favor of any backward class of citizens which, in the opinion of the state, is not adequately represented.” (Specific reservation rules for members of Scheduled Castes and Schedule Tribes. In Mohan Kumar Singhania v. Union of India, the Supreme Court explained that Article 16(4) is an enabling provision that gives the state discretion to make any provision or reservation for any backward class of people that, in the state’s view, is not adequately represented in the service of the state. For claiming reservation, Article 16(4) imposes no constitutional obligation or confers any Fundamental Right on anyone. The state government calculates the total population of the backwards class and their inclusion in state facilities, then makes reservations and offers the percentage of reservations. Trilok Nath v. State of J&K
held that state decisions must be justiciable and can be questioned if they are based on irrelevant factors. “Backwardness is not a static phenomenon,” the Court said in Jagdish Negi v. State of Uttar Pradesh. It can’t go on forever, and the government has the right to revisit the situation at any time.”
EXAMPLES OF SOCIAL DISCRIMINATION TRAVANCORE KINGDOM; Travancore is an example of the degree to which castes can be treated unfairly when travelling. You could be shocked to learn that in Travancore, a statute was repealed entirely in 1924. And the legislation stated that women from the lower social classes had no right to cover their breasts in public areas, and if they do, they must pay a breast tax. NA DA R CA S T E O F TAMILNADU: The controversy occurs over whether or not women of the backwards class have the right to wear fabric to cover their bodies, and the tension of this dispute skyrockets in 1859 when two women are hanged to death for wearing cloth on their upper bodies. Following this event, the king orders that the women of this group can cover their upper body parts.
Dr B.R. AMBEDIKAR: Dr Ambedkar has done more for Indian women than anyone else. He was the last and 14th child of his family; his father, belonging to the Scheduled Caste community, was a soldier in the British army. As his father was a soldier, Ambedkar got the chance to study in a school. He has written in his biography that he “was the only student in that school who belonged to the Scheduled Caste community, and that when the school’s peon was absent, he was denied water to drink”.
When he passed fourth grade, the entire community rejoiced because for the first time in that society, a small class part had passed. After that, this child had completed a double doctorate from England.
MEANS OF SOCIAL JUSTICE: AFFIRMATIVE ACTION
When a welfare state exists, some action can be taken for the poor group of the main section that gives them a special benefit for all policies. This is known as affirmative action. HORIZONTAL RESERVATION; Women and physically handicapped people can currently take advantage of horizontal reservation. VERTICAL RESERVATION: Vertical reservation occurs when an individual jumps from his reserved seat to a general seat based on his qualifications. The current reservation system in our country is vertical for SC, ST, OBC, and EWS, but horizontal for women. In our country, all reservation systems operate together, and reservation in itself means that everything must be fixed. Many Indians claim that the Indian judiciary is biased because there are no judges from the lower castes in the Supreme Court, despite the fact that a number of religious minorities are represented in the Supreme Court, such as Parses and Muslims, but no people from the SC and ST groups.
RESERVATION AND AFFIRMATIVE ACTION IN INDIA
Articles 332- 334 of the Indian constitution address reserved seats in the Lok Sabha and Rajya Sabha, respectively, and article 243 addresses reserved seats in Panchayati Raj. Article 16 deals with racial discrimination in government jobs. Whenever there is a reservation in every school or college, it is made under Article 15 or, whether it is a minority institution, under Article 30. Extra hostels and fellowships must be given for students from low-income families. There are many laws that protect the rights of SC/ST people and women. There are numerous commissions, such as the SC/ST Commission and the OBC Commission, whose aim is to investigate the growth of their respective communities.
CONCLUSION
Society develops beyond any of these things: you must combine the two or you will not be long enough. The physical need for both merit and social justification in balance We will not be able to progress as a nation unless we have merit. Merit should be followed by merit, but it is also important to follow the mechanism of social justice, so that those who are left behind in the country are those who are left behind in the country, so who are you going to develop together in any way? As a result, it is important to ensure that the balance is accompanied by fairness, justice, and justice. Our reservation system is working well, but it could be better: if reservations satisfy people who need to meet them, I’m not angry at the fact that the reservation is not so angry, so I need to speak with the creamy layer. As a result, the reservationists must discuss the creamy layer. Can leave the reservation facility so that the reservation reaches the individual who is actually needed.
Articles 332-334 of the Constitution address reserved seats in the Lok Sabha and Rajya Sabha, respectively, and article 243 addresses reserved seats in Panchayati Raj. Article 16 deals with racial discrimination in government jobs. Whenever there is a reservation in every school or college, it is made under Article 15 or, whether it is a minority institution, under Article 30. Extra hostels and fellowships must be given for students from low-income families. There are many laws that protect the rights of SC/ST people and women. There are numerous commissions, such as the SC/ST Commission and the OBC Commission, whose aim is to investigate the growth of their respective communities.