Reservation in India- Explained

Reservation in India is all about reserving access to seats in the government jobs, educational institutions, and even legislatures to some sectors of the population. Also known as affirmative action, the reservation can also be seen as positive discrimination. Reservation in India is a government policy, backed by the Indian Constitution.

The purpose of reservation in India

The two main objectives to provide reservation as per the Constitution of India are:

1. Advancement of Scheduled Castes (SC) and the Scheduled Tribes (ST) OR any socially and educationally backward classes of citizens (Eg: OBC) OR economically weaker sections (EWS) – Article 15 (4), Article 15 (5), and Article 15 (6).
2. Adequate representation of any backward class of citizens OR economically weaker sections (EWS) in the services under the State. – Article 16 (4) and Article 16 (6).

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The extent of Reservation in India

In India, reservation is provided in:

1. Government Educational Institutions (like IITs, IIMs etc) – as per Article 15 – (4), (5), and (6)
2. Government Jobs (like IAS, IPS etc) – as per Article 16 – (4) and (6)
3. Legislatures (Parliament, and State Legislature) – as per Article 334

Before 2019, the reservation was provided mainly on the basis of social and educational backwardness (caste). However, after the 103rd constitutional amendment in 2019, economic backwardness is also taken into consideration.

Besides the reservation quota, other relaxations like upper-age relaxations, additional attempts, and lower cut-off marks are also offered for different reservation categories.

Reservation quota in India for Government Jobs

A vacancy reserved for SCs or STs or OBCs cannot be occupied by a candidate other than an SC or ST or OBC candidate, as the case may be.

As mentioned in the given table, about 60% of seats are reserved in India –  for different sections like ST, SC, OBC, and EWS – with respect to Government jobs and Higher Education Institutions. 3% of seats are also reserved for differently-abled persons over all categories.

This also means that only 40% of seats are available under merit. In the merit seats, not only the general category candidates but all other categories like SC, ST, OBC, and EWS can also compete.

SC/ST Reservation

The purpose of providing reservations to the Scheduled Castes(SCs), Scheduled Tribes (STs) in services is not only to give jobs to some persons belonging to these communities. It usually aims at allowing them and assuring their involvement in the decision-making process of the State. Moreover, the state is also keen to end practices such as untouchability.

Scheduled Castes (SC) are provided 15% quota in jobs/higher educational institutions while Schedule Tribes (ST) are provided 7.5% quota in jobs/higher educational institutions.

Reservation is offered not only with respect to direct selection but also with respect to promotions for SC/ST category (Article 16(4A)).

There is no concept of ‘creamy layer’ with respect to SC/ST reservation. This means that disregarding the income status or the government posts possessed by the parents, children of SC/ST parents will get SC/ST Reservation.

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OBC Reservation

Reservation for Other Backwards Classes (OBC) was launched based on the Mandal Commission Report (1991). The quota for OBCs is 27% in government jobs and higher educational institutions.

Anyhow, there is a concept of ‘creamy layer’ with respect to the OBC reservation. Only those from OBC who comes under Non-Creamy Layer would get OBC reservation.

The creamy layer concept presents income and social status as parameters to eliminate some of the privileged members of OBC from the extent of reservation. This concept also keeps a check to assure that the uses of reservation do not get extended to coming generations.

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EWS Reservation

The Central Government of India nearly launched EWS Reservation. 10% quota is given for the Economically Weaker Sections (EWS) among General Category candidates in government jobs and educational institutions. This is done by including clauses for the same in the Indian Constitution (103rd Constitution Amendment Act, 2019).

States

In central-government funded higher education institutions, 22.5% of available seats are reserved for Scheduled Caste (SC) and Scheduled Tribe (ST) students (7.5% for STs, 15% for SCs,20% for ESC,12% for SCA,16% for SCB,22% for SCC,18% for SCD). This reservation percentage has been increased to 49.5% by adding 27% reservation for OBCs. This policy is practiced even in Parliament and all elections where a little constituencies are reserved for those from specific communities (which will next rotate in 2026 per the Delimitation Commission). Some states and UTs have reservations for females which differs from 5% to 33.33%.

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The correct percentages changes from state to state:

• In Tamil Nadu, OBC reservation is classified into 26.5% Backward Caste, 3.5 Backward Caste (M) and 20% Most Backward Caste and 10.5% sub quota for vanniyars, found by AIADMK in 2020,7% for DNT. The 7.5% for Vanniyars was taken back invalid by Madras High Court. The SC quota has 3% sub-quota for Arunthatiyars, found by DMK in 2009.
• In Maharashtra in addition to the reservation for SC/ST/OBC, there is 2% for SBCs, 3% for Nomadic Tribes – NT-A (Vimukta jati), 2.5% for NT-B, 3.5% for NT-C (Dhangar), and 2% for NT-D (Vanjari).
• In Northeast India, e.g. in Arunachal Pradesh, Meghalaya, Nagaland and Mizoram, reservation for ST in State Govt. jobs is 80% with only 20% unreserved. In the Central Universities of NEHU (Shillong) and Rajiv Gandhi University, 60% of seats are retained for ST students.
• In West Bengal, the OBC community is classified into OBC A & B. In West Bengal there is no reservation on religious basis but some economically and educationally backward Muslim castes (basis surnames pertaining to different profession e.g. cobbler, weaver etc.) have been involved along with their Hindu mates in the OBC list that is OBC A and OBC B, in both records caste from both communities are there. But in higher educational institutes, there is no reservation for the OBC community as of now but there is reservation in related to admission in primary, secondary and higher secondary studies.

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Reservation in states

Andhra Pradesh

Percentage of reservation in Andhra Pradesh state is around 50%. Along with the overall 1/3 reservation for women, 66.66% of seats are reserved in Andhra Pradesh in Education and Government jobs.

• Scheduled Castes – 15%
• Scheduled Tribes – 6%
• Backward Classes (A, B, C, D) – 27%
• Physically Handicapped (Blind, Deaf & Dumb and OPH) – 3% (1% each)
• Ex-servicemen (APMS only) – 1% (0.5% in general category)
• Women – 33.33% (in all categories, means 16.66% in general category)

Andhra Pradesh BC quota has sub-quotas for castes, divided into A, B, C and D. In addition to disabled, ex-serviceman, women in general category 16.66% becomes total reservation percentage 66.66%.

In 2018, the government assembly passed a bill allowing 5% reservation to Kapus but this was discarded in 2019 mentioning shortage of legal standing.

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Arunachal Pradesh

Arunachal Pradesh has 80% reservation for Scheduled Tribes.

Assam

• Scheduled Castes – 7%
• Scheduled Tribes – 15%
• Other Backward Classes – 27%
• Economically Weaker Sections – 10%

Assam provides sub quotas for several other communities such as Morans, Mataks and Tea Tribes in medical colleges under the OBC category. In November 2020, Assam’s cabinet extended this reservation to Koch-Rajbongshis, Ahoms and Chutias. These six communities are demanding Scheduled Tribe status.

In January 2019, Assam approved EWS reservation.

Bihar

• Scheduled Castes – 15%
• Scheduled Tribes – 1%
• Other Backward Classes – 34%
• Economically Weaker Sections – 10%

First executed in 1970 by Karpoori Thakur, Bihar has a sub-quota within OBC quota of 18% for Extremely Backward Castes (EBCs) and 3% for Backward Caste women in government jobs and educational institutes. EWS reservation was executed in 2019.

Chhattisgarh

• Scheduled Castes – 12%
• Scheduled Tribes – 32%
• Other Backward Classes – 14%
• Economically Weaker Sections – no provision

Chhattisgarh: Ordinance on OBC quota hike to 27% has expired, says high court.

Delhi

• Scheduled Castes – 15%
• Scheduled Tribes – 7%
• Other Backward Classes – 27%

As Delhi is a Union territory and topic to the Central government, government jobs in Delhi are assigned Central Government jobs. In a 2018 Supreme Court decision, it was decided that as Delhi is the capital and no one is an “outsider” there reservations in the territory should follow the all-India pattern. Moreover, these reserved jobs are open from reserved communities from outside Delhi.

Goa

• Scheduled Castes – 2%
• Scheduled Tribes – 12%
• Other Backward Classes – 27%
• Economically Weaker Sections – 10%
  • Physically handicapped – 3%
  • Ex-servicemen – 2%
  • Sportspersons – 3%

  In 2014, the quota for OBC reservation was increased from 19.5% to 27%. In June 2019, Goa executed EWS reservation in jobs and education.

   

  Gujarat

  • Scheduled Castes – 7%
  • Scheduled Tribes – 15%
  • Other Backward Classes – 27%
  • Economically Weaker Sections – 10%

  Gujarat also executed a 33% reservation for general category women in government jobs. The government also prohibited reserved category applicants from participating for general category seats, but this was abolished in 2020. Likewise the women reservation was made cutting across all categories in 2020. Gujarat was one of the first states to implement EWS reservation, which applies to general category candidates with less than ₹8 lakhs income, not including other assets like land.

  Haryana

  • Scheduled Castes – 20%
  • Other Backward Classes – 23%
  • Economically Weaker Sections – 10%
  • Ex-servicemen – 5%
  • Sportspersons – 3%
  • Physically handicapped – 3%

  In Haryana OBCs are divided into A, B, C categories, each with 11%, 6% and 6% reservation respectively. Reservations in promotions are different, although still based on population. In 2021, Haryana passed a law mandating 75% reservation in private-sector jobs with incomes less than ₹25,000 for “local” candidates.

  Himachal Pradesh

  • Scheduled Castes – 25%
  • Scheduled Tribes – 4%
  • Other Backward Classes – 20%
  • Economically Weaker Sections – 10%

  In the Scheduled Areas which have a very high percentage of STs, such as Kinnaur and Lahaul and Spiti districts, percentage of ST reserved seats in government jobs are much higher.

  Jharkhand

  • Scheduled Castes – 10%
  • Scheduled Tribes – 26%
  • Other Backward Classes – 14%
  • Economically Weaker Sections – 10%

  BC are currently classified as being in Annexure 1 and Annexure 2. The present government has proposed raising the OBC quota to 27% and both SC and ST quotas by 2%.

  Maharashtra

   

  • Scheduled Castes (SC) (13%)
  • Scheduled Tribes (ST) (7%)
  • Other Backward Classes (OBC) (19%)
    • Special Backward Classes (SBC) (2%)
    • Nomadic Tribes – A (Vimukta jati) (3%)
    • Nomadic Tribes – B (2.5%)
    • Nomadic Tribes – C (Dhangar) (3.5%)
    • Nomadic Tribes – D (Vanjari) (2%)
  • Economically Weaker Sections (EWS) – 10%

  Maharashtra has 62% reservation in educational institutions and government jobs.

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Why reservation needed?

• To rectify the historical injustice faced by backward castes in the country.
• To offer a level playing field for backward section since they can not compete with those who have had the entry of resources and means for centuries.
• To assure sufficient presentation of backward classes in the services under the State.
• For progress of backward classes.
• To assure impartiality as basis of meritocracy that is all people must be brought to the same level before judging them on the basis of merit.

Argument Against Reservation

• Reservation in state services led to partitions and enmity among government employees, corrupting the atmosphere at workplace.
• Elimination, not endurance of caste was the purpose of the reservation policy but Caste Based Reservation only maintain the notion of caste in society.
• Reservation was found to assure that the historically underprivileged communities were given uniform entry to resources but irrespective of the economic progress they continue to prevail socially depressed.
• Reservation shatters self-respect, so much so that competition is no longer on to decide the best but the most backward.
• Reservations are the largest enemy of meritocracy which is the basis of many developing countries.
• It has became a device to meet narrow political ends through conjuring class loyalties and primitive identities.
• The powerful and elite class within the backward castes has allocated the uses of reservation and the most marginalised within the backward castes have remained disempowered.
• Reservation has become the mechanism of exclusion rather than involvement as many upper caste poor peoples are also facing inequality and injustice which produces frustration in the society.

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Reasons Behind Increasing Demands of Reservation

• Reservation is growingly seen as a therapy for the unfavorable effects of ill-thought out development policies.
• In developed states like Haryana, Gujarat and Maharashtra, despite of their economies being relatively better, three things have been concerning the people:
  • Acute agrarian distress,
  • Stagnation in employment growth and
  • Distortions in the development trajectory.
• In this backdrop, for governments, it is easier to talk of reservation than to make a route rectification.
• Rising reservation demands among upper castes also developing from the fear of losing freedom and the failure to manage with change.
• Upper castes have started to feel deprived mainly in context of government jobs as they don’t get same advantages like backward classes.

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