I am writing this article because as a citizen of India it’s my responsibility to raise issues which are eating our nation slowly, our nations roots are getting weak day by day…..RESERVATION which was established by our constitution makers for a period of time to lift the backward classes so that every citizen of India should be equal but the politicians are using this reservation as tool to win elections every time new promises, new schemes are offered in every elections to attract people.

 RESERVATIONS were made mandatory after independence and so our constitution provides fundamental rights to citizens regarding reservation for backward classes.

“After independence, the reservation policy became more explicit and clear as it had support of Indian Constitution. The concept of SC, ST and OBC is required to be stated as these communities are the prime movers and beneficiaries of reservation policy.”

Reservation cartoon 2

In a case A Balaji v/s State of Mysore (AIR 1963 SC649) 

The court further held that it does not mean that if once a caste is considered to be backward it will continue to be backward for all other times. The government should review the test and if a class reaches the state of progress where reservation is not necessary it should delete that class from the list of backward classes.

The purpose/ reason behind making provision for reservations are treating equally all classes of people at all times would result in inequality. Therefore, the framers of our constitution made provisions for reservations in order to uplift the socially, educationally backward classes of citizens. Dr. B.R. Ambedkar called ‘ Reservation’ as ‘ Compensatory Benefits’ to socially and educationally backward people.

What is surprising is that our constitution clearly is a reservation-friendly constitution but nowhere in the constitution is the term ‘backward classes defined. What actually constitutes a backward class? What are the determinants of a backward class? These questions remain unanswered and it is only with the help of judicial pronouncements that they have been given some meaning. Question arises how can reservations be made for something that has not been defined

Reservation mandatory or a choice

Today when a student applies for an admission in any university, the admission forms are filled with questions like ‘Are you SC/ST or OBC or General Category?’ How does it matter which category does he belong to, what matters is his merit. A category cannot decide whether he is eligible for admission or not.

There many economically worse off children belonging to the forward classes but they cannot get the fruits of such reservation merely by virtue of belonging to the ‘general’ category. Sometimes these children belonging to the backward classes do not even deserve and still possess the necessary merit as against a child who studied very hard for months to get a seat, thereby snatching away that seat just because he comes from a particular religion or caste for which our government provides reservation. for example- I have seen a video in which a teacher cannot write the correct spelling of the weekdays correctly(reserved seat).See this one…

Reservation should be purely made on the basis of the economical conditions of the applicant and nothing else. The kind of reservation policy that our government currently follows does nothing but divide the society into different sections.

The three organs of the State i.e. LEGISLATURE, EXECUTIVE AND JUDICIARY should work together to remove this reservation from the society to bring proper equality among people of India in living, jobs etc. These three should work for the welfare of the society as whole taking all people side by side in one frame to a new era of full of happiness and prosperity with full on development scheme and progressive attitude of people which lead our nation toward attaining a position in line of developed nations. All of these should act to make laws, rules and amend previous laws.

Our constitution should be amended and laws should by pass to remove reservations to some extent as if now is the time to remove some caste from the reservation category so that the revolt or protest or demand to enrol in reservation category by other news caste should be prohibited and the people should not come in-front of govt. to ask for reservation. Reservation should be limited and given to economically backward people and not on caste and even caste based politics should be banned and the people pursuing jobs in economically good jobs, Govt. jobs should not be given reservation and even not to their children as they are capable of leading a good life. Instead of that give reservations to people who need them which are economically backward.

Demand for reservations are on a rise at present time- Patel reservation in Gujarat, Jatt reservation in Haryana etc. due to this other caste are also demanding and crime levels are rising due to this which is not good for a developing country so we should demolish or eradicate these things from our society. Government should start removing castes from the reserved category so that to discourage or dominate the other caste so that they cannot protest for reservations and slowly reservation system will get vanish from the country.

Reservation seats if vacant should be given to general category people so that people can’t get exploited and that seat should left vacant. People who deserve more should get the opportunity first and not the reserved one.

for example- my uncle is fighting for years in court because his seat was given to a reserved category person and my got more marks than him and even was more qualified and deserving but the job was given to that person which is wrong.

As of recent case our pride, the Olympic medallist winner SUSHIL KUMAR is being treated badly because he has not been given a ticket to RIO Olympic because they authority has given the ticket to reserved category holder Narsingh Yadav and Sushil Kumar is protesting against it and demanding a fair trial by having a bout between them whoever win will go to Olympic but the authorities are not doing anything so Sushil Kumar is approaching Court for justice.

This incident also says that in India people deserving does not get anything and the people not deserving get many things as a result the deserving people move to abroad countries to get more opportunities and they succeed their and our economy is still weak and we are still the developing country as we don’t give opportunity to deserve people instead of that give opportunity to the not deserving people which is harmful to our nation.

So, reservation should not be mandatory but it should be optional or given to people who need it- economically backward classes not on the caste system so that there should be equality among opportunities in different fields among people and the deserving one should get benefited so that our nation can progress at a good rate to compete with other developed countries.

I am all in the favour of having laws and rules to make sure that the underprivileged get more opportunities and it’s the duty of the government to think about that. But then, that should be done at the primary and elementary school level and not at the professional level or if the government wants it can make separate schools and colleges for reserved category people. Reservation in higher education is violation of Article 26, Para 1 of Universal Declaration of human rights.

Dr Ambedkar and the framers of the constitution envisaged the reservation provision for ten years, so that the society is synchronized. Instead of pursuing the spirit, the ruling elite used it as a tool, political weapon, and keeps the national habitat divided. Shall reservation be perpetual? Reservation conceptually means a small percentage of whole. The reservation has been used by haves among the SC/ ST at the huge cost of the really needy people. The present India is divided only in haves and haves not, not otherwise. It shall be proper to have reservation a sensible proportion for these haves-not as a whole, not dividing them in caste, creed , sex, religion- the true spirit envisaged by the framers of constitution. Study says Dr. B. R. Ambedkar in totality not in isolation that stood for national integration, not its fragmentation.

The opposition to reservation arises from those sections that include a large number of the economically deprived. Actually, both the votaries and opponents of reservations seem to consider admission into the limited number of seats and recruitment to the limited number of jobs available as the crucial question for their economic progress. Reservations are one of the important issues raised by the national movement to uplift the socially oppressed sections of our society. Though the reservations were intended as a temporary measure, the failure of the successive governments in ensuring equitable and speedy economic development led to their continuation and made them a contentious issue. We must understand that it is not the policy of reservation that lies at the root of the problem but it is the limited number of employment and educational opportunities that is the root cause.

Reservation good or bad

Due to this failure of the successive governments, meritorious students are suffering because they are being precluded from their seats and backward class students are suffering because even if they are meritorious, the quota tag will always be attached to them wherever they go. Even if some people argue that the basic level of education is not the same, it is not the fault of students from the general categories. Some people do argue that reservations have benefited only a small section of the people. It has become a political game and the people who should get this opportunity do not get it.  People who have money and power get fake backward class certificates and prove before the government that they deserve reservation. At the level of facts, this is true and it becomes nothing else than a sheer attempt to amputee the budding wings of people from General Quota. But instead of pointing to the futility of reservations it only points to an important fact-that unless democratic movement becomes strong enough to get the provision of reservations effectively implemented, this limitation will continue and cannot be avoided.

This decision is a step for setting wrong trend. – Today, it is demanded for these premier institutes. Tomorrow, somebody will demand the same for actual placements in the other fields including the private companies. So, why should there not be reservations in the field of Acting, Art, etc. Is there an end to it? In the end, I would just say that India and reservations can bloom together only when reservations are made on reasonable basis.

BY PRINGLE SINGH

BA LLB(H), 4th Year, AMITY UNIVERSITY

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