Reservation in India An impeding need for reform

Abstract

The reservation policy has some flaws in it. It itself discriminates among the people. The issue is that reservation emphasizes on the caste or the tribe for identification of backwardness rather than wealth or income. The goal of reservation should be to improve the welfare of the socially and economically backward classes. Hence there is an imminent need to expand the scope of creamy layer. Firstly the concept of reservation is explained. Reservation is the process of facilitating people in education, scholarship, employment, promotion. Then the need for this study is mentioned that is the reservation provided under the Constitution is being misused. Later, problems are listed. Secondly all the constitutional aspects of reservation are explained. Preamble aims at promising its citizens equality. Article 14 of the Constitution guarantees equality before the law and equal protection of the laws. State has the power to classify and categorize people to different groups. Supreme Court developed the jurisprudence of the Article 14 and developed the doctrine of classification. Article 15 and 16 ensures reservation for socially and economically backward classes which also includes scheduled castes and scheduled tribes. Protective discrimination can be made among the people because equals should not be treated unequally and unequals should not be treated equally. Judiciary has said in many cases that the schemes of protective discrimination should be in accordance with the constitutionally permissible objectives and methods. Creamy layer test was formulated as a response to the Indra Sawhney judgement. The objective of creamy layer test is that equals should be treated equally and unequals should be treated unequally. Thirdly the quantum of reservation is an important aspect, as to how much percentage is reserved. As a result of this 50 per cent rule was introduced. Lastly the problem of exclusion of creamy layer is answered.