INDEX

Letter from the Executive Board ............................................................... 4

Committee Overview ............................................................................. 5
Agenda................................................................................................. 5
Introduction .......................................................................................... 6
Historical Timeline ................................................................................ 6
Reservation System in India .................................................................... 8
Caste Based Reservations ..................................................................................... 9
Scheduled Castes (SCs) and Scheduled Tribes (STs) ....................................... 9
Other Backward Classes (OBCs) ...................................................................... 9
Economic Reservations....................................................................................... 10
Economically Weaker Sections (EWS) ........................................................... 10
Gender Based Reservations................................................................................ 10
Women........................................................................................................... 10
Reservation for Differently abled ........................................................................ 11
Domicile Based Reservations.............................................................................. 11
Reservations for Religious Minorities ................................................................. 12
Other Reservations ........................................................................................... 12s
Major Constitutional Provisions............................................................. 13
Important Cases & Commissions/Committees ........................................ 14
Important Cases on Reservation in India ............................................................ 14
Important Commissions/Committees on Reservation in India ............................ 15
Key debates around Reservation in India ................................................ 15
Sub-categorization within OBCs ......................................................................... 15
Creamy Layer for SC/ST ..................................................................................... 16
Reservation for Religious Minorities ................................................................... 16
Increasing the 50% Cap ..................................................................................... 16
 Question of Caste Census ................................................................................... 17
Extending SC Reservation to Converts ............................................................... 17
What are the various issues with Reservation? ......................................... 17
Possible alternatives to Reservation ....................................................... 18
Some International Case Studies ........................................................................ 20
Conclusion & Way Forward ................................................................... 20
A possible way forward ?.................................................................................... 21
Suggested Pattern for Researching ......................................................... 22
Some Focus Questions .......................................................................... 23
List Of Valid Sources ............................................................................ 24
Important Links .................................................................................. 24
 LETTER FROM THE EXECUTIVE BOARD
Greetings Delegates!

It gives us immense pleasure to welcome you all to this simulation of Lok Sabha (LS) at
“POLIFORUM’25”. We look forward to an enriching and rewarding experience.

The agenda for the session is “A comprehensive review of India’s reservation policies,
with special emphasis on the caste census”

This study guide is by no means the end of the research, we would very much appreciate it
if the members are able to find new realms in the agenda and bring it forth to the committee.
Such research combined with good argumentation and a solid representation of facts is
what makes an excellent performance. In the session, the executive board will encourage
you to speak as much as possible, as fluency, diction, or oratory skills have very little
importance as opposed to the content you deliver. So, just research and speak and you are
bound to make a lot of sense.

The Executive Board looks forward to an efficient & progressive committee as the issue is
very sensitive. We therefore, expect you all to play your roles with responsibility. Hopefully
we, as members of the Executive Board, do also have a chance to gain from this committee.

We regret any error that may have inadvertently crept into this guide and would appreciate
it if you could bring it to our notice. Please do not hesitate to contact us regarding any doubts
that you may have.

All the best!

Regards,

Vaibhav Tyagi Aaditya Wadhwa Kshitij Kumar

Speaker Deputy Speaker Constitutional Advisor
[email protected] [email protected] [email protected]
I. COMMITTEE OVERVIEW
As per the provisions of Article 79 of Indian Constitution, the House of the People, the Lok Sabha
is the lower House of the parliament. Lok Sabha is composed of representatives of the people
chosen by direct election on the basis of the adult suffrage. The maximum strength of the House
envisaged by the Constitution is 552. As per Article 81 of the Constitution, Subject to the
provisions of Article 331, the House of the People shall consist of — (a) not more than five
hundred and thirty members chosen by direct election from territorial constituencies in the States,
and (b) not more than twenty members to represent the Union territories, chosen in such manner
as Parliament may by law provide.
The Lok Sabha was duly constituted for the first time on 17th April 1952 after the first General
Elections held from 25th October 1951 to 21st February 1952. At present, the strength of the
House is 543. The term of the Lok Sabha, unless dissolved, is five years from the date appointed
for its first meeting. However, while a proclamation of emergency is in operation, this period may
be extended by Parliament by law for a period not exceeding one year at a time and not extending
in any case, beyond a period of six months after the proclamation has ceased to operate.
Lok Sabha is the by-product of the mandate of the populaces in the form of elections and universal
adult suffrage. It serves as the central legislative body of the Indian polity and has seen a
combination of both, vociferous and reticent speakers while retaining its position of being the
primary platform for debate and discussion on issues of national importance. The simulation will
be naturally carried out at a smaller scale, using roughly 50 participants. Members are requested
to thoroughly read the Rules of Procedure (RoPs) of Lok Sabha to have a basic understanding
about the simulation of the committee. The RoPs shall also be explained by the Executive Board
before beginning with the formal simulation of the committee. The two main political alliances
in India as of February 2025 are:
National Democratic Alliance (NDA): The NDA is a centre-right alliance led by the Bharatiya
Janata Party (BJP). It is the ruling alliance at the central level and has governments in around 20
states and union territories. The NDA has around 40 constituents, including many smaller
regional outfits. Some of the key members of the NDA include the JD(U), TDP, Shiv Sena, etc.
Indian National Developmental Inclusive Alliance (I.N.D.I.A): The I.N.D.I alliance is a centre-
left alliance led by the Indian National Congress (INC). It is the main opposition alliance at the
central level and has governments in a few states. The I.N.D.I alliance over 25 constituents,
including many regional parties. Some of the key members of the I.N.D.I alliance include the
DMK, NCP, RJD, JMM, etc.
Note - Representatives are especially requested to be well versed
with basic principles of the constitution, domestic law, their party ideology,
and display character role-play befitting that of the allocated portfolio.

II. AGENDA
“A comprehensive review of India’s reservation policies,
with special emphasis on the caste census”
III. INTRODUCTION
India, a varied and complex country, has long struggled with the challenges of social inequality
and traditional prejudice. The Indian Government established a system of reservation or
affirmative action to address this deeply rooted imbalance which initially attempted to empower
marginalized and underprivileged people. This strategy has changed significantly throughout time
as a result of the intricate interaction of historical, political, and sociological forces.

India is the only democracy in the world that has explicitly enacted legal and constitutional
measures for compensating discrimination—commonly referred to as reservations—to develop
historically oppressed and socially backward segments of society. It has been attempting to find
a balance between the demands of compensating discrimination in favor of specific castes and
groups and its commitment to an overarching definition of equality in terms of fundamental
liberties. India demonstrated that such a route is not only possible but also something that
improves the democratic process itself, dispelling the notion that these two goals are
irreconcilable. It has developed a sophisticated and intricate system of reservations through time.

The system of reservation in India comprises a series of affirmative action measures, such as
reserving access to seats in the various legislatures, to government jobs and to enrollment in
higher educational institutions. Over the years, the categories for affirmative action have been
expanded beyond the list of Schedule Castes (SCs) and Scheduled Tribes (STs) to include a
special category of Other Backward Classes (OBCs) and Socio-Economic Backward Classes
(SEBCs). Consideration has also been given to economically backward within the community
itself in providing reservations.

IV. HISTORICAL TIMELINE

Reservation policies in India have a complex historical background, with several factors
contributing to their development.
• 1882: The concept of reservation based on caste was first proposed by William Hunter and
Jyotirao Phule in 1882.
• 1902: Rajarshi Shahu, the Maharaja of Kolhapur, introduced reservation in favour of non-
Brahmin and backward classes in 1902.
• 1909: The British Raj introduced elements of reservation in the Government of India Act
of 1909 by giving separate electorates to certain communities.
• 1921: Mysore initiates reservation for backward castes after a decade-long social justice
movement against the repression of non-Brahmin castes.
• 1927: Madras presidency provided 44% reservation to Non-Brahmin Hindus, 16% to
Brahmins, Muslims, Christians, and Anglo-Indians, and 8% to Scheduled Castes.
• 1932: MacDonald/Communal Award provided for separate electorates for depressed
classes, including the Dalits. However, later, Poona Pact abandoned separate electorates
for depressed classes in favour of increased reserved seats for depressed classes.
• 1935: The Government of India Act of 1935 extended the communal representation by
giving separate electorates to depressed classes, women and labour.
• 1951: Champakam Dorairajan Case Judgement
▪ The Supreme Court in the case pointed out that while in the case of employment
under the State, Article 16 (4) provides for reservations in favour of backward class
of citizens, no such provision was made in Article 15.
▪ Court also held that caste-based reservations as per Communal Award violative of
Article 15(1) of the constitution.
• 1951: Parliament made 1st Constitutional Amendment inserting Article 15 (4) to legalize
caste-based reservation in India.
• 1990: The Mandal Commission (1979) recommendation of 27% reservation for OBCs was
implemented by the V.P. Singh government, leading to widespread protests.
• 1992: Indra Sawhney Case Judgement
▪ Reservation shall not exceed 50 percent.
▪ Reservation in promotions shall not be allowed.
▪ The concept of a ‘creamy layer’ was introduced, and it was directed that such a
creamy layer be excluded while identifying backward classes.
▪ The ‘carry forward rule’ in case of unfilled (backlog) vacancies is valid. But the
criteria of the 50% rule should not be violated in any case.
▪ It struck down the move to reserve 10% govt. jobs for the poor among upper castes
• 2006: Nagaraj Case Judgement
The Supreme Court ruled that the state was not bound to provide reservation in promotions
to SCs/STs. But if any state wished to make such a provision, it needs to:
▪ Collect quantifiable data on the backwardness of the class
▪ Prove its inadequate representation in public employment
▪ Show no compromise on efficiency of administration
• 2006: The Central Educational Institutions Act, 2006 provides for the reservation of
students belonging to the Scheduled Castes/ Scheduled Tribes and Other Backward Classes
to the extent of 15%, 7.5%, and 27%, respectively, in Central Educational Institutions.
• 2018: Jarnail Singh vs Lachhmi Narain Gupta Case Judgement
▪ The Supreme Court held that reservation in promotions does not require the state to
collect quantifiable data on the backwardness of the SCs and the STs.
▪ The Court also held that creamy layer exclusion extends to SC/STs and, hence the
State cannot grant reservations in promoting SC/ST individuals who belong to the
creamy layer of their community.
 • 2019: The Government of India has provided 10% reservation to Economically Weaker
Sections (EWS) through the 103rd Constitutional Amendment Act. This is the first time
reservation has been extended on the basis of economic criteria.
• 2019: Reservation in favour of SCs and STs in Lok Sabha and the state legislature was
only till 1960, but it has been extended every 10 years. The latest extension was made in
2019 and is valid up to 2030. Article 334 provided for the reservation for the Anglo-Indian
community but this quota was abolished by the same constitutional amendment..
• 2021: Constitutional Amendment to allow States and Union Territories to prepare their
own Socially and Economically Backward Classes (SEBCs) list.
• 2022: Janhit Abhiyan v Union of India
The Supreme Court upheld the 103rd Constitutional Amendment providing reservation for
Economically Weaker Sections (EWS). Thus, the apex court validated reservations based
on economic backwardness.
• 2023: Indian Parliament passed the Nari Shakti Vandan Adhiniyam, commonly known as
the Women’s Reservation Bill.
▪ It reserves one-third of all seats for women in Lok Sabha, State legislative
assemblies, and the Legislative Assembly of the NCT of Delhi, including those
reserved for SCs and STs.
▪ The reservation will be effective after the publication of the census conducted
following the Act’s commencement and endures for a 15-year period, with potential
extension determined by parliamentary action.
▪ The rotation of seats allocated for women will be governed by parliamentary
legislation after each delimitation process.
• 2024: State of Punjab v. Davinder Singh
The SCI in review judgement of Punjab and Haryana High Court, delivered a landmark
verdict allowing states the authority to sub-classify reserved category groups, such as
Scheduled Castes (SCs) and Scheduled Tribes (STs), for the purpose of reservations.

V. RESERVATION SYSTEM IN INDIA

Reservation is an affirmative process for the upliftment of those classes of the society who were
oppressed, depressed and under representative in the society. It can be understood as a pro-active
measure that allows historically disadvantaged communities access to government programmes,
scholarships, and political engagement in India.
In simple terms, Reservation in India is all about reserving access to seats in the government jobs,
educational institutions, and even legislatures to certain sections of the population. Apart from
the reservation quota, additional relaxations like upper-age relaxations, additional attempts, and
lower cut-off marks are also provided for various reservation categories.
Reservation in India is provided in:
• Higher Education in Government Educational Institutions
• Employment and Promotion in Government Jobs
• Representation in Parliament, State Legislatures & Local Govt. Bodies
The key Types of Reservations in India are:
Category Reservation %
Scheduled Castes (SCs) 15 %
Scheduled Tribes (STs) 7.5 %
Other Backward Classes (OBCs) 27 %
Economically Weaker Sections (EWS) 10 %
Persons with Benchmark Disabilities 4-5 %

CASTE-BASED RESERVATIONS
Scheduled Castes (SCs) and Scheduled Tribes (STs)
▪ Reservation in Education: 15% and 7.5% of available seats are reserved for SCs and STs
respectively in central-government funded higher education institutions. Various
scholarships and fellowships are also available for SC and ST students.
▪ Reservation in Government Jobs: 15% of vacancies are reserved for SCs, and 7.5% for
STs in central government jobs. The Constitution allows for reservation in promotions for
SCs and STs with consequential seniority
Reservation in Education and Government Jobs for SCs and STs vary across different states.
▪ Reservation in Legislatures
o Parliament: Out of 543 seats for elected representatives in the Lok Sabha, 84 seats
are reserved for Scheduled Castes (SCs) and 47 for Scheduled Tribes (STs).
o State Legislative Assemblies & Local bodies: Seats are reserved in proportion to
the SC and ST population in each state.
The Constituent Assembly had initially meant reservation for SCs/STs only for 10 years from
1950. However, the reservation deadline has been extended multiple times, most recently to 2030.
Other Backward Classes (OBCs)
▪ Reservation in Education: 27% of seats are reserved for OBC students in central
government funded higher education institutions. Various scholarship schemes are also
available for OBC students.
▪ Reservation in Government Jobs: 27% of vacancies are reserved for OBC candidates in
central government jobs.
 ▪ Reservation in Legislatures: Unlike SCs and STs, there are no specific reservations for
OBCs in the Lok Sabha or State Legislative Assemblies. Though, OBC reservation in local
bodies is constitutionally permissible and has been implemented by several states like
Maharashtra, Karnataka, Uttar Pradesh and Madhya Pradesh
State-level reservations may vary, but many states follow similar or higher reservation
percentages based on their specific demographics (different states have their own lists of OBCs
based on local socio-economic conditions).
Important - There is no concept of 'creamy layer' for SC/ST reservations till date (though SCI
has allowed for sub-classification), meaning children of SC/ST parents are eligible regardless of
their parents' income or government posts held. However, OBC reservation has a concept of
'creamy layer' which excludes relatively wealthier members of OBCs from availing reservations.
The creamy layer threshold (income limit) is periodically revised, currently stands at ₹8 lakh p.a.
ECONOMIC RESERVATIONS
Economically Weaker Sections (EWS)
▪ Reservation in Education and Employment: The 103rd Constitutional Amendment Act
2019 introduced a 10% quota for Economically Weaker Sections (EWS) in government
jobs and educational institutions for those not covered under other reservation categories
and meeting certain income/asset criteria. It enables both the Centre and the States to
provide reservations to the Economically Weaker Sections (EWS) of the society.
▪ Status of EWS in India: Approximately 18.2% of India’s general population falls under
the Economically Weaker Section category, which translates to around 350 million people,
based on the Multi-dimensional Poverty Index utilized by Niti Ayog.
▪ Eligibility Criteria: A person not covered under reservation for SCs, STs, and OBCs, and
whose family has a gross annual income below Rs 8 lakh, is to be identified as EWS for
reservation. Those who have five acres of agricultural land, or A residential flat of 1,000
square feet, or A residential plot of 100 square yards and above in notified municipalities,
or 200 square yards in other areas are all excluded from the benefits of EWS reservation.
GENDER-BASED RESERVATIONS
Women
▪ Reservation in Education: There is no specific constitutional provision for reservation of
seats for women in higher education institutions. However, some educational institutions
and state governments have implemented reservation policies for women.
▪ Reservation in Government Jobs: The Constitution does not expressly permit vertical
reservation for women in public employment. However, the Supreme Court has allowed
for horizontal reservation for women, which cuts across different vertical categories like
 SC, ST, OBC, etc. For example, if there is a 50% horizontal quota for women, then half
the selected candidates in each vertical category (like SC, ST, OBC, General, etc.) must be
women. Some states like Uttarakhand and Karnataka have implemented horizontal
reservation for women in public employment.
▪ Reservation in Legislatures: The Nari Shakti Vandan Adhiniyam, 2023 provides for
reserving one-third of the total seats in the Lok Sabha and State Assemblies for women,
with seats to be rotated after each delimitation exercise. The 73rd and 74th Constitutional
Amendments mandate that at least one-third of the total seats and offices of chairpersons
in Panchayati Raj Institutions (PRIs) and Urban Local Bodies be reserved for women.
Some states and institutions have started providing Reservations for Transgender persons in
educational institutions and government jobs to promote their inclusion and welfare.
RESERVATIONS FOR DIFFERENTLY ABLED
Article 41 of the DPSP states that State shall make effective provision for securing right to work,
to education and to public assistance in cases of unemployment, old age, sickness and
disablement, within the limits of its economic capacity and development.
Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act,
1995 has been replaced by The Rights of Persons with Disabilities Act, 2016 wherein Disability
has been defined based on an evolving and dynamic concept. The types of disabilities have been
increased from 7 to 21.
It increases the quantum of reservation for people suffering from disabilities from 3% to 4% in
government jobs and from 3% to 5% in higher education institutes. PwDs also have the right
to reservation in promotions, even if they were not originally appointed under the PwD quota.
Further, every child with benchmark disability between the age group of 6-18 years shall have
the right to free education.
DOMICILE-BASED RESERVATIONS
▪ Reservation in Education: Many state-run universities and colleges reserve a significant
percentage of seats for students who are domiciled in that particular state. Some national
institutions also have a certain percentage of seats reserved for candidates from the state in
which they are located.
▪ Reservation in Government Jobs: States often have policies reserving a certain
percentage of government jobs for residents of that state. This is to ensure that local
candidates have a fair chance of employment in their own state.
Individuals need to obtain a Domicile Certificate from the state government, which serves as
proof of residency. This certificate is often required during the application process for education
or jobs to avail of domicile-based reservation. The specific percentage of reservation and the
criteria for domicile status can vary significantly from one state to another.
RESERVATIONS FOR RELIGIOUS MINORITIES
The Indian Constitution does not allow for reservation based on religion. However, some states
have provided reservations for religious minorities based on their social and educational
backwardness. Reservation was given without reducing the quota for SCs, STs, and OBCs by
creating a sub-quota within the OBCs.
Additionally, specific measures like scholarships or welfare programs targeted at religious
minorities (e.g., Muslims, Christians, Sikhs, Buddhists, Jains, and Parsis) are implemented not as
reservations but as part of minority welfare initiatives intended to uplift socio-economically
backward sections within these communities.
OTHER RESERVATIONS
▪ Ex-Servicemen: Certain reservations are provided in government jobs and educational
institutions for ex-servicemen and their dependents. This is to help them reintegrate into
civilian life after serving in the armed forces.
▪ Children of Martyrs and War Widows: Reservations and special concessions are often
provided to the children of martyrs and war widows in educational institutions and
government jobs as a form of support and recognition.
▪ Freedom Fighters' Families: Some states offer reservations for the descendants of
freedom fighters as a recognition of their contribution to India's independence struggle.
▪ Kashmiri Migrants: Special reservations and concessions are provided in educational
institutions and government jobs for Kashmiri migrants who were displaced due to the
insurgency in Jammu and Kashmir.
▪ Sports Quota: Many educational institutions and some government jobs reserve a certain
percentage of seats for outstanding sports persons. This is to encourage sports and provide
opportunities to athletes to pursue education and careers.
▪ Ward Quota: Reservation of seats for children of employees or wards of a specific
organization in educational institutions.
▪ Foreign Students Quota: Many educational institutions in India reserve seats for foreign
students as part of their efforts to promote cultural exchange and internationalization.

Currently, Reservation is given to different categories of applicants in educational institutions or

government jobs. Scheduled Castes (SCs) get 15%, Scheduled Tribe (STs) get 7.5%, Other
Backward Class (OBCs) get 27%, Economically Weaker Sections (EWS) get 10%, and Persons
with Benchmark Disabilities (PwDs) get 4-5% reservation.

From above, it is clear that about 60% reservation is given to various categories with respect to
government jobs and educational institutions. 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.
Initially, the reservation was provided based on social and educational backwardness but, after
the 103rd Constitutional Amendment of 2019, economic backwardness was also considered for
reservation. Every state has been given right to reserve certain seats for underprivileged people.

The state-wise distribution of reservations varies from state to state. In spite of the Supreme
Court’s judgment, there are multiple states where the total reservation quota exceeds 50%. For
example, The total reservation in Maharashtra State was around 52%, Tamil Nadu has around
69% reservation etc.

VI. MAJOR CONSTITUTIONAL PROVISIONS

Constitutional
Subject Matter
Provisions
Article 14 The State shall not deny to any person equality before the law or the equal
protection of the laws within the territory of India Prohibition of
discrimination on grounds of religion, race, caste, sex or place of birth.
Article 15 (3) Nothing in this article shall prevent the State from making any special
provision for women and children.
Article 15 (4) Nothing shall prevent the State from making any special provision for the
advancement of any socially and educationally backward classes of citizens or
the Scheduled Castes and the Scheduled Tribes.
Article 15 (5) Provides reservation to the socially and educationally backward classes in
relation to admission to public and private educational institutions.
Article 15 (6) Nothing in this article or sub-clause (g) of clause (1) of article 19 or clause (2)
of article 29 shall prevent the State from making,—
(a) any special provision for the advancement of any economically weaker
sections of citizens other than the classes mentioned in clauses (4) and (5);
and
(b) any special provision for the advancement of any economically weaker
sections of citizens other than the classes mentioned in clauses (4) and (5) in
so far as such special provisions relate to their admission to educational
institutions including private educational institutions, whether aided or
unaided by the State, other than the minority educational institutions referred
to in clause (1) of article 30, which in the case of reservation would be in
addition to the existing reservations and subject to a maximum of ten per cent.
of the total seats in each category.
Article 16 (3) Nothing in this article shall prevent Parliament from making any law
prescribing, in regard to a class or classes of employment or appointment to
an office under the Government of, or any local or other authority within, a
State or Union territory, any requirement as to residence within that State or
Union territory prior to such employment or appointment.
Article 16 (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.
Article 16 (4A) Nothing in this article shall prevent the State from making any provision for
reservation in matters of promotion, with consequential seniority, to any class
or classes of posts in the services under the State in favour of the Scheduled
Castes and the Scheduled Tribes which, in the opinion of the State, are not
adequately represented in the services under the State.
Article 16 (4B) Nothing in this article shall prevent the State from considering any unfilled
vacancies of a year which are reserved for being filled up in that year in
accordance with any provision for reservation made under clause (4) or clause
(4A) as a separate class of vacancies to be filled up in any succeeding year or
years and such class of vacancies shall not be considered together with the
vacancies of the year in which they are being filled up for determining the
ceiling of fifty per cent, reservation on total number of vacancies of that year.
Article 16 (6) Nothing in this article shall prevent the State from making any provision for
the reservation of appointments or posts in favour of any economically
weaker sections of citizens other than the classes mentioned in clause (4), in
addition to the existing reservation and subject to a maximum of ten per cent.
of the posts in each category.
Article 243 D Reservation of seats for SCs and STs in Panchayats.
Article 243 T Reservation of seats for SCs and STs in Municipalities.
Article 330 Reservation of seats for Scheduled Castes and Scheduled Tribes in the House
of the People
Article 332 Reservation of seats for the Scheduled Castes and the Scheduled Tribes in the
Legislative Assemblies of the States.
Article 334 provided for the reservation for the Anglo-Indian community but
this quota was abolished by 104th Amendment Act in 2019
Article 335 Claims of Scheduled Castes and Scheduled Tribes to services and posts
Part XVI Special Provisions Relating to Certain Classes which Include reservations for
Scheduled Castes, Scheduled Tribes, Anglo- Indian Communities, and Other
Backward Classes.

VII. IMPORTANT CASES & COMMISSIONS/COMMITTEES

Important Cases on Reservation in India
• State of Madras v. Champakam Dorairajan AIR 1951 SC 226
• M. R. Balaji v. State of Mysore AIR 1963 SC 649
• T. Devadasan v. Union of India, 1964 AIR 179
• P. Rajendran v. State of Madras, 1968 AIR 1012
• State of Kerala v. N.M. Thomas, 1976 AIR 490
• K.C. Vasanth Kumar v. State of Karnataka, 1985 AIR 1495
• Indra Sawhney & Others v. Union of India AIR 1993 SC 477
 • R K Sabharwal v. State of Punjab (1995) 2 SCC 745
• Ajit Singh (II) v. State of Punjab (1999) 7 SCC 209
• T.M.A. Pai Foundation v. State of Karnataka (2002) 8 SCC 481
• M. Nagaraj v. Union of India (2006) 8 SCC 212
• Ashoka Kumar Thakur Vs Union of India (2007) 4 SCC 361
• Dr. K. Krishna Murthy v. Union of India (2010) 7 SCC 202
• Jarnail Singh vs Lachhmi Narain Gupta AIR 2018 SC 4729
• B.K. Pavitra Vs Union of India, (2019) 16 SCC 129
• Mukesh Kumar vs The State Of Uttarakhand (2020) 3 SCC 1
• Dr. Jaishri Laxmanrao Patil vs The Chief Minister and Ors. (2021) LL 2021 SC 243
• Janhit Abhiyan v Union of India, (2022) SCC OnLine SC 1540
• State of Punjab Vs. Davinder Pal Singh Bhullar & Ors. [2011] 15 S.C.R. 540

Important Commissions/Committees on Reservation in India

▪ Kalelkar Commission (1955)
▪ Mandal Commission (1979)
▪ Narendran Commission (1992)
▪ National Commission for Backward Classes (1993)
▪ National Commission for Scheduled Castes (2004)
▪ National Commission for Scheduled Tribes (2004)
▪ Sachar Committee (2005)
▪ Justice Ranganath Mishra Commission (2007)
▪ Sinho Commission (2010)
▪ Subramanian Committee (2015)
▪ Rohini Commission (2017)

VIII. KEY DEBATES AROUND RESERVATION IN INDIA

Sub-categorization within OBCs
The government has constituted the Rohini Commission to examine the issue of sub-
categorization of Other Backward Classes (OBCs) to ensure equitable distribution of
benefits among various Backward Class sub-groups. The aim is to ensure that the most
backward among the OBCs can also access the benefits of reservation. Currently, the OBC
list includes a wide range of communities with varying levels of social and educational
backwardness. Sub-categorization would create different categories within the OBCs, with
each category having a fixed quota. This could help the most disadvantaged among the
OBCs, such as the manual scavengers and those engaged in traditional occupations, to avail
of the reservation benefits. However, there are concerns that sub-categorization may lead
to further divisions and conflicts within the OBC communities.
Creamy Layer for SC/ST
Whether to exclude the better-off sections within SC & ST from reservations, similar to the
"creamy layer" concept applied to the OBCs has been a contentious issue. The SCI recently
ruled on this matter in State Of Punjab vs. Davinder Pal Singh allowing states the authority
to sub-classify reserved category groups, such as SCs & STs, for the purpose of reservations.
This 6-1 majority decision overturns the 2004 ruling in E.V. Chinnaiah vs. State of Andhra
Pradesh, fundamentally altering the landscape of reservation policies in India. The SCI noted
that sub-classification should be based on empirical data and historical evidence of systemic
discrimination, rather than arbitrary or political reasons. However, no state has enforced
concept of 'creamy layer' for SC/ST reservations till date. The argument in favor of the
creamy layer for SC/ST is that the benefits of reservation should be directed towards the
most disadvantaged within these communities, and the well-off sections should not
continue to avail of the benefits. However, opponents argue that the SC/ST communities
have faced centuries of oppression and social exclusion, and the creamy layer concept
would further marginalize them. They also point out that the economic criteria alone cannot
capture the social and educational backwardness faced by these communities.
Reservation for Religious Minorities
There is an ongoing debate over reservations based solely on religion versus reservations
granted to socially and educationally backward groups within various religions. The courts
have emphasized that reservations should be based on social and educational
backwardness rather than religious identity alone. Some argue that reservations based on
religion would be unconstitutional and could lead to further divisions in society. However,
proponents argue that certain religious minorities, such as Muslims and Christians, face
social and educational disadvantages and should be provided with reservation benefits. The
government has provided scholarships and other measures to address the educational
backwardness of religious minorities, but the debate over reservations continues.
Increasing the 50% Cap
There is a political demand to remove the 50% cap on reservation imposed by the Supreme
Court in the Indra Sawhney case. However, increasing the cap could have potential legal and
social ramifications and would require careful consideration of constitutional principles
and empirical evidence. The 50% cap was introduced to maintain the balance between the
right to equality and the need for affirmative action. Increasing the cap could lead to a
situation where the majority of seats in educational institutions and government jobs are
reserved, leaving limited opportunities for the general category. It could also face legal
challenges on the grounds of violating the basic structure of the Constitution. On the other
hand, proponents argue that the cap is arbitrary and that reservations are necessary to
address the historical and structural inequalities faced by the disadvantaged communities.
Question of Caste Census
On 9th Oct 2023, the Congress Working Committee (CWC) – the Indian National Congress’
apex decision making body – resolved, among other things, to make a law to abolish the
50% cap on reservations if it comes to power in the 2024 Lok Sabha Elections. This is in
keeping with its recent motto of “Jitni Abadi Utna Haq” or rights according to one’s
proportion in the population. The Congress’s resolution also committed to conducting a
nation-wide caste census, as well as caste surveys in every Congress-ruled state. This came
in the heels of the findings of the Bihar caste survey published earlier that month, which
showed that OBCs and Extremely Backward Classes constitute 63% of the state’s
population. The UPA-led Union govt. had conducted a Socio-Economic and Caste Census in
2011, but the caste-related data from it was not released by the then government as well as
the subsequent NDA-led one, ostensibly on the ground of being unreliable. Prime Minister
Modi has opposed the Congress’ demand for a caste census in his statements, although the
Bharatiya Janata Party has not made its stance on the matter clear yet.
Extending SC Reservation to Converts
A commission headed by Justice K.G. Balakrishnan looked into reservations for Dalits who
converted to religions other than Buddhism and Sikhism. Currently, only Dalit Sikhs and
Buddhists are eligible for SC reservations. The argument in favor of extending reservations
to Dalit converts is that they continue to face social discrimination and exclusion even after
conversion. However, opponents argue that reservations should be based on social and
educational backwardness rather than caste identity, and that extending reservations to
Dalit converts could lead to a proliferation of claims and legal complications.

IX. WHAT ARE THE VARIOUS ISSUES WITH RESERVATION?

• Quality of Education and Employment: Reservation policies primarily target access to
education and government jobs. However, there is a concern that these policies may
compromise the quality of education and workforce in the long run, as candidates may be
selected based on quotas rather than merit.
• Brain Drain: Some argue that reservation policies can lead to a "brain drain" where
talented individuals from unreserved categories may choose to study or work abroad to
escape the reservation system, potentially causing a loss of talent within the country.
 • Lack of Targeting: Reservation policies often rely on broad categories, which may not
accurately target the most disadvantaged individuals within those categories. Some
individuals from reserved categories may not be as disadvantaged as others and may still
benefit.
• Resentment and Division: Reservation can sometimes create social and economic
divisions within society. This division can lead to resentment among those who do not
benefit from the policies, potentially hindering social cohesion and development.
• Inefficiencies and Corruption: Reservation policies have sometimes been marred by
inefficiencies, corruption, and the manipulation of caste certificates. These issues can
undermine the effectiveness of the system and hinder development.
• Stigma and Stereotyping: Reservation can sometimes lead to the stigmatization and
stereotyping of individuals from reserved categories, which can impact their self-esteem
and overall development.
• Economic Development vs. Social Development: Reservation policies tend to focus on
social development, but they may not directly address economic disparities. Economic
development is also crucial for addressing inequality and promoting overall development.
• Political Exploitation: Reservation policies are sometimes used for political gain, which
can lead to a focus on short-term political objectives rather than long-term development
goals.

X. POSSIBLE ALTERNATIVES TO RESERVATION

Reboot Infrastructure of Opportunity: Rebooting our infrastructure of opportunity requires
accelerating reforms to our 3Es of Education, Employability, and Employment.
• In Education, state governments must fix government schools without wasting more energy
on small class sizes, teacher qualifications or teacher salaries but focusing on the binding
constraints of performance management, governance , and soft skills.
• In Employability, we must attract massive new financing for skills from employers by
redesigning the system around the five design principles of learning by doing, learning
while earning, learning with qualification modularity, learning with multimodal delivery,
and learning with signaling value. This requires ending regulatory cholesterol that restricts
linking degrees to apprenticeships, confuses apprenticeships with jobs, judges vocational
universities like traditional ones and blunts online higher education growth.
• In Employment, massive non-farm, high-wage, formal job creation requires cutting the
regulatory cholesterol for employers that breeds litigation, compliance, filings and
criminalization by passing new labor codes. There is a lot of work in manufacturing, less
anchored to large employers with offices, and mostly without index-linked, defined benefit
pensions. But our current labor laws hate small employers, breed corruption, and encourage
substituting people with machines. Our labor laws should also be reformed.
Equal Treatment: Ensuring that all individuals are treated fairly and without discrimination is a
fundamental aspect of promoting equality. This means that people should not face disadvantages
or privileges based on their background, such as their parents' status.
Unbiased Competition: Encouraging competition on a level playing field, where individuals
have equal opportunities to succeed based on their skills, abilities, and efforts, is crucial. This
promotes excellence by motivating individuals to strive for their best.
Impartially Judged Outcomes: Outcomes should be determined through a fair and impartial
evaluation of an individual's performance, skills, and contributions. This ensures that merit and
achievement are the primary factors in determining success.
Judging Based on Effort and Courage: Emphasizing the importance of hard work,
determination, and the courage to pursue one's goals helps foster a culture of personal
responsibility and individual effort.
Use the Resources Judiciously: A modern state is a welfare state and being a good ancestor
requires a government that uses society’s resources to subsidize and deliver quality food,
education, healthcare and housing to those who need it. But this safety net should not become
a hammock: Unemployed workers cannot get the same income as those working because people
get much more from work than income. And rich people should not get cheap food, gas or diesel.
Policy must accelerate the Aadhaar-enabled Direct Benefit Transfer revolution for subsidies.
De-Reservation Policy: While caste may continue to be the mainstay of reservation policies, the
benefits should flow to the vast majority of underprivileged children from deprived castes; not to
a few privileged children with a caste tag. Families of public officials of a certain rank certain
high-income professionals and others above a certain income should be de-reserved. In other
words, once they have received a significant advantage of reservations, they should be able to
ensure opportunities for their children and vacate the space for the truly disadvantaged children
in their own caste groups.
Some International Case Studies

XI. CONCLUSION & WAY FORWARD

The Reservation system in India has a long and complex history, evolving from its initial focus
on SCs and STs to include OBCs and the Economically Weaker Sections among the upper castes.
The reservation system has had a mixed impact since its inception. On the one hand, it has
provided opportunities for marginalized communities and helped address historical injustices to
some extent. It has enabled greater representation of disadvantaged groups in education,
government jobs, and political institutions.
However, the system has also faced significant criticism over the years. It has become politically
charged, with demands for reservations coming from increasingly diverse groups, often diluting
the original intent. There are also concerns about the system's efficiency and whether it truly
benefits the most disadvantaged within the reserved categories. The creamy layer, or the relatively
affluent sections, have often been the primary beneficiaries, while the poorest of the poor continue
to lag behind.
In one of the landmark decisions of Ashok Kumar Thakur v. Union of India, Justice Ravindran
smelling the dangers from the present trend on the reservation had rightly opined, “When more
people aspire for backwardness rather than of forwardness, the country itself stagnates”.
Ultimately, the reservation system needs to evolve with the times to remain relevant and effective.
While it remains an important tool for social justice, it must be accompanied by broader reforms
in education, economy, and society to create a truly inclusive and equitable India. By addressing
the system's shortcomings and implementing potential reforms, the reservation policy can become
a more powerful instrument for empowering the marginalized and advancing the cause of social
justice.
A possible Way Forward?
• Implementing Economic criteria-based Reservation: Introducing reservation based on
economic criteria, such as household income, can benefit the most economically
disadvantaged sections irrespective of caste. This could help address the issue of unequal
distribution of benefits within the reserved categories.
• Effective Implementation and Monitoring: Strengthening the institutional mechanisms
for the effective implementation, monitoring, and periodic review of reservation policies
to address implementation gaps and ensure that the intended benefits reach the target
beneficiaries.
• Strengthening Affirmative Action beyond Quotas: Complementing reservation with
other affirmative action measures like scholarships, skill development programs, and
mentorship initiatives to holistically empower marginalized communities. This could help
in creating a level playing field and ensuring sustainable development.
• Promoting Inclusive Development: Adopting a multifaceted approach to address the root
causes of social and economic inequalities through inclusive development policies,
improved access to quality education and healthcare, and measures to tackle discrimination
and social stigma.
• Social Dialogue and Consensus: Engaging in constructive dialogue with all stakeholders,
including the beneficiaries and opponents of reservation, to build consensus and promote
social harmony.
XII. SUGGESTED PATTERN FOR RESEARCHING
To start researching on the agenda of the committee, participating members should do the
following:
1. Start researching your respective portfolio and his/her political affiliations. As no definite
document may be found which contains the stand of a party or an individual on a specific
agenda, the delegates must do the tedious yet rewarding work of going through past news
clippings/ magazine articles/party website/individual’s website/social media handles/
YouTube videos to find statements on the said agenda. Further, a detailed understanding
can be gained by studying the ideology and principles adopted by the party/individual.
2. After gaining knowledge about the portfolio, the delegates must start their research on the
agenda at hand. This must be done by researching further upon the agenda using
information given in the guide and from other sources such as academic papers,
institutional or governmental reports, national reports, news articles, blogs etc.
3. Characterize the agenda into sub-topics and prepare speeches and statements on them. The
delegates should also prepare a list of possible solutions and actions the Lok Sabha can
suggest/adopt on the issue.
4. Assemble proof/evidence for any important piece of information/ allegation you are going
to use in committee and keep your research updated using various news sources,
specifically government studies or data released by the same.
5. To have an edge in the committee in terms of debate, delegates must also research about
the other portfolios and try to find their contradictory statements or controversial stands on
various issues to raise allegations/ substantial questions in the committee.

Lastly, we would expect all the delegates to put in serious efforts in research and preparation for
the simulation and work hard to make it a fruitful learning experience for all. Feel free to contact
the undersigned if you have any queries or doubts.
XIII. SOME FOCUS QUESTIONS
• What was the historical context that led to the introduction of the reservation system in
India? How has the reservation system evolved over time, and what are its current forms?
• What are the key constitutional provisions and legal frameworks governing reservation in
India? How have these provisions been amended and interpreted over the years?
• Has the reservation system been effective in reducing social and economic inequality in
India? Are there significant variations in the implementation and effectiveness of
reservation across different states and regions in India?
• How do political dynamics and electoral considerations influence reservation policies?
• How has the reservation system impacted societal attitudes towards caste and class in
India? How does it impact inter-caste relationships and social cohesion?
• How can the balance between meritocracy and the need for affirmative action be
maintained? What are the arguments for and against reservations in terms of their impact
on quality and competitiveness in education and employment sectors?
• Does the current reservation system adequately address the needs of all marginalized
groups, including those based on caste, gender, and economic status? Are there instances
where individuals/groups within reserved categories benefit disproportionately?
• What measures can be taken to ensure more effective and transparent implementation of
reservation policies? What role can technology and data analytics play in improving the
implementation and monitoring of these policies?
• What are the key areas for potential reforms in the reservation system to better achieve
social justice and inclusivity? How can the government and civil society collaborate to
ensure this?
• How do affirmative action policies in other countries compare to India’s reservation
system? What lessons can India learn from the successes and failures of such policies in
other nations?
XIV. LIST OF VALID SOURCES
1. Government Reports
2. PTI, PIB
3. Government Websites
4. Government run News channels i.e., RSTV, LSTV, DD News
5. Standing Committee Reports/ Commission Reports
6. RTI Proofs
7. Parliamentary Standing Committee Reports
8. Questions and Answers of the parliament

XV. IMPORTANT LINKS

Constitution of India - https://www.india.gov.in/my-government/constitution-india
Ministry of Law & Justice - https://lawmin.gov.in/
Supreme Court Judgement Archives - https://main.sci.gov.in/judgments
Law Commission of India - https://lawcommissionofindia.nic.in/
Government Bill Archives - https://sansad.in/ls/knowledge-centre/government-bills
Lok Sabha Q/A’s - https://sansad.in/ls/questions/questions-and-answers
Rajya Sabha Q/A’s - https://sansad.in/rs/questions/questions-and-answers
Press Trust of India - https://www.ptinews.com/
Press Information Bureau - https://pib.gov.in/indexd.aspx
RTI Archives - https://rtionline.gov.in/

Note: This guide is not meant to be exhaustive or authoritative. The brief is meant only to provide
the participants with a modicum of information upon which further research can be built and
does not in any manner whatsoever reflect the views or political leanings of the Executive Board.
The Executive Board shall maintain neutrality at all points in time and do not have any political
affiliations.

Happy Researching !!