SCs AND STs AS RECIPIENT OF RESERVATION POLICY

FINAL DRAFT SUBMITTED IN THE PARTIAL FULFILLMENT OF THE COURSE

TITLED –

CONSTITUTIONAL LAW

ACADEMIC SESSION – 2017 - 2022

SUBMITTED TO:

Dr. ANIRUDH PRASAD

FACULTY OF CONSTITUTIONAL LAW

SUBMITTED BY:

DEEPTANGSHU KAR

B.A., LL.B. (Hons.)

ROLL NO.: 1723

SEMESTER- 5th

CHANAKYA NATIONAL LAW UNIVERSITY

NYAYA NAGAR, MITHAPUR, PATNA – 800001

 TABLE OF CONTENTS
ACKNOWLEDGEMENT ..................................................................................................... 2

DECLARATION .................................................................................................................. 3

INTRODUCTION ................................................................................................................ 4

RESEARCH QUESTIONS ............................................................................................... 4

HYPOTHESIS .................................................................................................................. 4

HISTORICAL CONTEXT OF RESERVATION .................................................................. 5

RESERVATION POLICY IN THE POST INDEPENDENCE ERA ..................................... 8

SCHEDULED CASTE: IDENTITY AND WELFARE ....................................................... 13

SCHEDULED TRIBE: IDENTITY AND WELFARE ........................................................ 21

EDUCATIONAL BENEFITS ............................................................................................. 24

RESERVATION IN SERVICES......................................................................................... 28

RESERVATION IN LEGISLATIVE AND EXECUTIVE HIERARCHY ........................... 34

TIME LIMIT FOR RESERVATION .................................................................................. 35

RESERVATION AND JUDICIAL REVIEW ..................................................................... 36

CONCLUSION ................................................................................................................... 38

BIBLIOGRAPHY ............................................................................................................... 39

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 ACKNOWLEDGEMENT
On this occasion of completion of my project work, I would like to express my indebtedness
towards my respected faculty, Dr. Anirudh Prasad, who was always there to assist me in this
journey. He guided me with infinite patience and warmth throughout the course of making
this project work. Whenever I visited him for any suggestion, he used to show me one or the
other effective way out. As per his suggestion, I went through several books from CNLU
library and visited many websites for the purpose of this project. His contribution is
invaluable for the completion of this project.

Other than him, I would like to thank my roommate Amol Verma who helped me out by
providing with some very important books which were unavailable in the library.

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 DECLARATION
I hereby declare that the work submitted in the B.A., LL.B (Hones.) Project Report
entitled ―SCs AND STs AS RECIPIENT OF RESERVATION POLICY‖ submitted at
Chanakya National Law University is an original work undertaken by me carried out under
the supervision of Dr. ANIRUDH PRASAD. I made this project work all by myself by
burning the midnight lamp. There is no kind of copyright violation on my part.

NAME OF CANDIDATE: DEEPTANGSHU KAR.

CHANAKYA NATIONAL LAW UNIVERSITY, PATNA

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 INTRODUCTION
Reservation is indeed the process of setting aside a certain percentage of seats vacancies in
educational institutions, government institutions and legislative institutions for the members
of weaker sections in a pluralistic society like India. Reservation is a form of quota-based
affirmative action. Reservation is governed by constitutional la ws, statutory laws, and local
rules and regulations. Scheduled Castes, Scheduled Tribes and Other Backward Classes and
in some states Backward Classes among Muslims under a category called Backward Class
(Muslim) are the primary beneficiaries of the reservation policies under the Constitution –
with the object of ensuring a level playing field. Bhambhari (2005:01) notes: ―The
reservation benefits are extended to the weaker sections of the society to ensure their
inclusive and integrated development in Indian societ y on the basis of humanitarian
considerations. The champions of social and economic justice have strongly advocated the n
eed for reservation in order to establish a welfare society in India‖. In this paper, the utility of
reservation policy is primarily examined on the basis of qualitative research.

RESEARCH QUESTIONS:

1. What was the historical context of reservation?

2. How much efforts have been taken by the state to ensure the welfare of SCs and STs?

3. In which manner reservation system is executed in the educational and service sectors?

4. Why does a time limit set for reservation policy?

HYPOTHESIS:

The researcher will seek to establish that SCs and STs are still facing injustice so far as
reception of reservation benefits is concerned.

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HISTORICAL CONTEXT OF RESERVATION
The Indian rulers such as Sahu Maharaj of Maharashtra, Gaikwad Maharaj of Baroda and
Nalvadi Krishnaraja Wodeyar of Mysore state were highly socially committed rulers. They
implemented reservation policy in their provinces to ensure the inclusive development of
weaker sections. The British Government gave a serious thought to the subject of reservation
before independence. However, at the national level, the reservation policy originates in the
form of Montague Chelmsford Reform (1919). In 1925 the British Government decided to
earmark certain quota in Government jobs for minority communities. The then Prime
Minister of Britain, Ramsay Macdonald, gave his award known as the communal award.
Accordingly, separate representation was provided for Muslims, Sikhs, Anglo-Indians,
Christians, Parsis, and Dalits. Ambedkar fought for separate electorate system for Dalits in
India. This award was opposed by Mahatma Gandhi. The Poona Pact was signed in 1932 for
a single Hindu electorate, with Dalits having seats reserved within it.

At the national level, the reservation policy originated in the form of Montague-Chelmsford
Reform (1919). In 1925 the British Government decided to earmark certain quota in
government jobs for minority communities. The Government in July, 1934 issued necessary
instructions to reserve a definite percentage of vacancies for the depressed classes (described
in the Government of India Act of 1935 as scheduled castes) but when the position was
reviewed in 1942 it was found that in spite of various measures adopted to secure increased
representation of scheduled castes in public services, the result, obtained were not substantial.
The Government issued orders in August, 1943, reserving 8½ per cent of vacancies for them
and proposed to consider the question of raising this percentage as soon as a sufficient
number of qualified candidates from the scheduled castes was found to be available. In June,
1946, however, the percentage of vacancies reserved in favour of scheduled castes was raised
from 8½ per cent to 12½ per cent.

The Indian Government implemented reservation policy in 1950. The Union Government
headed by V.P. Singh also provided reservation benefit to the backward sections according to
the recommendations of Mandal Commission. The primary stated objective of the Indian
reservation system is to increase the opportunities for enhanced social and educational status
of the underprivileged communities and thus uplift their lifestyle to have their place in the
mainstream of Indian society, according to Sheth (1987:04).

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Article 334 was titled in the Constitution, on 26th November 1949, as ―Reservation of seats
and special representation to cease after twenty years.‖ This meant that reservation of SC/STs
in Lok Sabha and in the Legislative Assemblies of the States should not have been in effect
post 1970.

However, as per the 23rd Amendment of the Constitution, in 1970, article 334 was amended
and the reservation for SC/ST and nomination of Anglo Indian members in Parliament and
State Assemblies for another 10 years, that is till 1980. Basically, when constitution of India
was written, the goal was set for twenty years to bring a reform among SC/STs. However,
lack of accountability among politicians and creation of vote-bank politics resulted in further
10-year extension of the time-line.

On January 25, 1980, article 334 of the Indian constitution was again amended to extend the
reservation for another ten years (up to 1990). It was further amended time and again and the
reservation time line has been kept on being pushed forward. What remains to be a topic of
concern is that the situation of the SC/STs does not seem to be that favourable even after
extended periods of reservation.

The grandson of Dr. B.R. Ambedkar, Prakash Ambedkar, had stated in an interview,

“Legislation doesn’t change people. That’s why B.R. Ambedkar didn’t believe that
reservation of constituencies or jobs for Dalits would change the way Indian society looked
at its lower castes. He reluctantly agreed to reservation in the belief that it would be
discontinued 10 years after the adoption of the Constitution. But half a century later,
reservation remains an issue in India.”

The practice of reservation had to be continued in the Indian politics for the sake of
representation of the Dalit communities in the mainstream of the society. Having said that it
is also necessary to understand that had the reservation had ended in Indian politics as back as
in 1960s, the situation for the Dalits would have largely remained the same because the Dalit
politicians remain a puppet in the hands of the more powerful parties like Congress and BJP.

Reservation also became a means of political tool used by the politicians to sway votes in
their favour. Using the rhetoric of representation and welfare by means of reservation, the
politicians have for long fooled the population of this country with their lofty promises.

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There was also a high risk of violence erupting because the Dalit youth of India had been
oppressed for centuries and once, it recognised its right and the true meaning of
representation in the mainstream of the society, taking it away from them would have
resulted in large scale violence from these communities.

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RESERVATION POLICY IN THE POST INDEPENDENCE ERA
Reservation benefits were given to the Scheduled Castes and Scheduled Tribes population in
India. Das (2000:02) states: ―The Kaka Sahaeb Kalelkar Commission was appointed in 1953
to explore the possibility of extending the benefit of reservation to other backward
communities. The Kalelkar Commission submitted its report to the government in 1955 but
the central government did not accept caste as criteria for defining social and educational
backwardness. Some state governments introduced the policy of job reservation for backward
castes and communities across the country. In 1978, the Government of India appointed the
Second Backward Classes Commission under the chairperson of B.P. Mandal. The
Commission submitted its report in 1980 observed that backwardness is both social and
educational. The Central Government headed by V.P. Singh implemented the reservation
policy in August 1990‖. The reservation contemplated in Article 16(4) should not exceed 50
per cent. The time limitation was extended in 1995 to promote the SCs and STs. The
Supreme Court has favored the combination of social and economic criteria for extending the
benefit of reservation to the weaker sections of India.

On May 16, 1946, the British government released the Cabinet Mission Statement, a set of
proposals to guide the framing of a new Indian constitution. By this time, the wheels for
India‘s independence had already been set in motion by Clement Atlee‘s Labor Party
government in London. Among other recommendations, the Cabinet Mission laid out a
detailed plan for the Constituent Assembly‘s composition, such that the body be ―as broad-
based and accurate a representation of the whole population as possible.‖ Three categories
from which to draw delegates were proposed. In addition to divisions for Muslims and Sikhs,
the Cabinet Mission suggested a ―general‖ category which would include all others groups—
Hindus, Anglo-Indians, Parsis, Indian Christians, the Scheduled Castes and Tribes, and
women, among others. Delegates were appointed on the basis of indirect elections in the
provincial legislative assemblies.

In March 1947, Britain sent Lord Louis Mountbatten, war hero and royal relative, to New
Delhi as the King-Emperor‘s last Viceroy. His mission was to transfer power to an
independent Indian government. In the end, power was transferred to two successor entities,
Pakistan on August 14, 1947, and India on August 15, 1947.

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Under the Cabinet Mission plan the Constituent Assembly was to consist of 389 seats, 296 of
which were filled by delegates elected from the directly-administered provinces of British
India and 93 of which were allotted to the princely states. The total number of seats was
based on an undivided India, and, overall, represented a cross-section of the population of the
country. Given the Muslim League‘s boycott of the Assembly, the impact of partition and
subsequent migration, and the lengthy process of integrating the princely states, the number
and distribution of seats continually fluctuated from the time of the first meeting on
December 9, 1946. With the 1947 partition, many Muslim delegates left for Pakistan,
terminating their membership in the Assembly. As a result, the body was reorganized. By
November 26, 1949, it consisted of 324 seats, divided among the provinces and the princely
states and representative of all major minority groups.

The make-up of the Constituent Assembly reflected the reality of what groups wield power in
India, then and now. An analysis of membership in the most important advisory committees
of the Constituent Assembly found that 6.5 percent were SCs. Brahmins made up 45.7
percent.64 Minority and Scheduled Caste delegates did have some influence during the
Assembly proceedings, with several holding significant positions. Dr. H.C. Mookherjee, 65 an
Indian Christian, was Vice-President of the Constituent Assembly as well as Chairman of the
Sub-Committee on Minorities. However, by far the most important was Dr. Ambedkar.

Jawaharlal Nehru (1889-1964), India‘s first Prime Minister and dominant political figure
until his death, had already selected Ambedkar, an accomplished lawyer, as his Law Minister.
A Brahmin himself, Nehru sought to build a secular India free from caste discrimination. He
was among the ―many educated Hindus‖ opposed to the caste system as noted by Gandhi in
his 1933 Harijan exchange with Ambedkar (above). Given Nehru‘s views and Ambedkar‘s
talents, it is not surprising that Ambedkar became chairman of the drafting committee for
India‘s new constitution. It was also an astute political move for both leaders. For Nehru, it
kept the independently minded Ambedkar ―on board‖ with the government at a critical time;
for Ambedkar, it was an opportunity to influence preparation of the new constitution and
protect Scheduled Caste interests.

From the outset, the Constituent Assembly laid out clearly its objectives and philosophy for
the new constitution. Several of the framers‘ main goals, articulated in the ―Objectives
Resolution,‖ included guarantees of equality, basic freedoms of expression, as well as
―adequate safeguards…for minorities, backward and tribal areas, and depressed and other

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backward classes.‖ These principles guided the delegates throughout the Constitution-making
process.

The Assembly set up a special Advisory Committee to tackle minority rights issues. This
committee was further divided into several subcommittees. The Subcommittee on Minorities
focused on representation in legislatures (joint versus separate electorates and weightings),
reservation of seats for minorities in cabinets, reservation for minorities in the public
services, and administrative machinery to ensure the protection of minority rights. After
extensive research and debate, the Subcommittee on Minorities drafted a report of its findings
for submission to the Advisory Committee. The latter supported most of the Subcommittee‘s
recommendations.66

Vallabhbhai Patel (1875-1950), Chairman of the Advisory Committee and the most
powerful member of the governing Congress party after Nehru, submitted the Report on
Minority Rights to Rajendra Prasad, President of the Assembly, and on August 27, 1947,
the Assembly convened to discuss the Report. Patel opened the debate by presenting the
Advisory Committee‘s main recommendations. Rejecting separate electorates—Congress
wanted no repeat of the separate electorates granted to the Muslims by the British—and a
―weightage‖ system, the Report endorsed the creation of joint electorates and proportional
representation. Reservations were approved for minorities, as long as the reservations were
in proportion to the population of the targeted groups. Some minorities, like the Parsis,
voluntarily gave up this right.

Treatment of the Scheduled Castes was extensively debated. Efforts by Ambedkar

and his allies to craft a provision requiring a ―tripwire‖ 35 percent of Scheduled Caste votes
in a constituency reserved for the Scheduled Castes failed. The principle of common voting
and reserved seats in legislative bodies throughout the country was retained despite strong
opposition from influential Constituent Assembly members like Nehru. 67 However, the
colonial-era system of having the Scheduled Castes choose candidates for reserved seats
through local ―electoral colleges‖ was dropped. Throughout the debate, caste Hindus
permitted nothing that would suggest splitting off the Scheduled Castes in an electoral sense
from the Hindu community.

On January 26, 1950, India ended its ―Dominion‖ status, became a republic, and put
in effect its new constitution. With an entire section dedicated to ―Fundamental Rights,‖ the

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Indian Constitution prohibits any discrimination based on religion, race, caste, sex, and place
of birth (Article 15[1]). This law extends to all public institutions, such as government-run
educational facilities, to access to hotels and restaurants, public employment and public
wells, tanks (manmade ponds for water supply and bathing), and roads. The practice of
untouchability is declared illegal (Article 17).
Significantly, Article 15, which prohibits discrimination, also contains a clause
allowing the union and state governments to make ―any special provision for the
advancement of any socially and educationally backward classes of citizens or for the
Scheduled Castes and Scheduled Tribes.‖ This language was added in 1951 within weeks of
a Supreme Court decision outlawing quotas in school admissions. The speed of the
amendment is indicative of the strong political support for reservations, Nehru‘s personal
views notwithstanding.
Similarly, Article 16, calling for ―equality of opportunity in matters of public
employment,‖ contains clauses permitting 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‖ and another allowing ―reservation in matters of
promotion‖ for Scheduled Castes and Scheduled Tribes.70

A separate section of the Constitution, ―Special Provisions Relating to Certain

Classes,‖ requires the reservation of seats in the ―House of the People,‖ or Lok Sabha, and
the Legislative Assemblies of the states for the Scheduled Castes and Scheduled Tribes.71
The numbers of reserved seats are determined by the proportion Scheduled Caste and
Scheduled Tribe members to the general population, based on population estimates from the
most recent decennial census. The President of India and the Parliament, in consultation with
the state governments, determine the list of groups qualifying as Scheduled Castes,
Scheduled Tribes, and ―backward classes.‖
Several safeguards accompany these provisions for reservation. First, the
Constitution originally required the reservation of seats in the Lokh Sabha and state
legislatures to end after ten years. After five amendments, the policy is now set to expire on
January 25, 2010. Secondly, regarding the reservation of jobs, Article 335 of the Constitution
mandates that the ―claims of the members of the Scheduled Castes and Scheduled Tribes
shall be taken into consideration, consistently with the maintenance of efficiency of
administration.‖ Finally, a National Commission for Scheduled Castes and Scheduled
Tribes72 was created to investigate, monitor, advise, and evaluate the progress of the
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Scheduled Castes and Scheduled Tribes under the schemes aimed at the socio-economic
development of these groups. Another Commission was also created to investigate the
conditions of the socially and educationally backward classes.

It is interesting to note that the Constitution‘s reservations construct, which explicitly

singles out certain castes for special preferential treatment, contradicts the document‘s
prohibition on discrimination based on caste, race, and other such criteria. Furthermore,
India‘s caste system itself, with its strict hierarchy dictated by birth, is at odds with the ideals
of equality and social justice.
Despite the creation of centrally based commissions to monitor reservations and other
schemes, the Constitution gives great liberties to the individual states to determine the
quantity and limits of reservation and what, for example, qualifies as the ―maintenance of the
efficiency of administration.‖ The clause giving states the authority to formulate and
implement policy to facilitate ―the advancement of any socially and educationally backward
classes of citizens,‖ is also decidedly vague. No concrete definition of ―backward‖ is
provided either. In addition, though a specific—if, in practice, flexible—time limit is placed
on the reservation of seats in the Lok Sabha and state legislative assemblies, there is no such
clause regarding the future termination of reservations of jobs and promotions.

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SCHEDULED CASTE: IDENTITY AND WELFARE
Scheduled castes are those castes/races in the country that suffer from extreme social,
educational and economic backwardness arising out of age-old practice of untouchability and
certain others on account of lack of infrastructure facilities and geographical isolation, and
who need special consideration for safeguarding their interests and for their accelerated
socio-economic development. These communities were notified as Scheduled Castes as per
provisions contained in Clause 1 of Article 341 of the Constitution.
Constitutional mechanism for upliftment of SC
The deep concern of the framers of the Constitution for the uplift of the Scheduled Castes
and Scheduled Tribes and Other Backward Classes is reflected in the elaborate constitutional
mechanism set-up for their uplift. 1
 Article 17 abolishes Untouchability.
 Article 46 requires the State ‗to promote with special care the educational and
economic interests of the weaker sections of the people, and, in particular, of the Scheduled
Castes and the Scheduled Tribes, and to protect them from social injustice and all forms of
exploitation.
 Article 335 provides that the claims of the members of the Scheduled Castes and the
Scheduled Tribes shall be taken into consideration, consistently with the maintenance of
efficiency of administration, in the making of appointments to services and posts in
connection with the affairs of the Union or of a State.
 Article 15(4) refers to the special provisions for their advancement.
 Article 16(4A) speaks of ―reservation in matters of promotion to any class or classes
of posts in the services under the State in favour of SCs/STs, which are not adequately
represented in the services under the State‘.
 Article 338 provides for a National Commission for the Scheduled Castes and
Scheduled Tribes with duties to investigate and monitor all matters relating to safeguards
provided for them, to inquire into specific complaints and to participate and advise on the
planning process of their socio-economic development etc.
 Article 330 and Article 332 of the Constitution respectively provide for reservation of
seats in favour of the Scheduled Castes and the Scheduled Tribes in the House of the People
and in the legislative assemblies of the States. Under Part IX relating to the Panchayats and

1
Scheduled caste welfare in India, Vikaspedia (http://vikaspedia.in/social-welfare/scheduled-caste-welfare-
1/scheduled-caste-welfare-in-india)

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Part IXA of the Constitution relating to the Municipalities, reservation for Scheduled Castes
and Scheduled Tribes in local bodies has been envisaged and provided.
The Constitution of India has prescribed, protection and safeguards for the Scheduled
Castes (SCs), Scheduled Tribes (STs) and other weaker sections; either specially or the way
of insisting on their general rights as citizens; with the object of promoting their educational
and economic interests and removing social disabilities. These social groups have also been
provided institutionalized commitments through the statutory body, the National
Commission of SCs. The Ministry of Social Justice & Empowerment is the nodal Ministry to
oversee the interests of the Scheduled Castes.
For more details, click here
Ministry of Social Justice and Empowerment
The Ministry of Social Justice and Empowerment is the nodal Ministry to oversee the
interests of the Scheduled Castes. Though the primary responsibility for promotion of
interests of the Scheduled Castes rests with all the Central Ministries in the area of their
operations and the State Governments, the Ministry complements their efforts by way of
interventions in critical sectors through specifically tailored schemes. The Scheduled Castes
Development (SCD) Bureau of the Ministry aims to promote the welfare of Scheduled
Castes through their educational, economic and social empowerment. Efforts made by State
Governments and Central Ministries for protecting and promoting the interests of Scheduled
Castes are also monitored.
Initiatives taken for SC development
Educational Empowerment
Various scholarships are provided to the students belonging to the Scheduled Castes (SCs)
to ensure that education is not denied due to the poor financial condition of their families.
These Scholarships are provided at both pre-matric and post-matric levels. Scholarships are
also provided to SC students for obtaining higher education in India and abroad, including
premier educational institutions. The Scholarships can broadly be classified into the
following three types:
 Pre-Matric Scholarships : The objective of the pre-matric Scheme is to support the
parents of SC children for educating their wards, so that the incidence of drop outs at this
stage is minimized.
 Pre-Matric Scholarship to SC Student : The objective of the pre-matric
Scheme is to support the parents of SC children for educating their wards, so that the
incidence of drop outs at this stage is minimized.
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  Pre-Matric Scholarship to the Children of those engaged in occupations
involving cleaning and prone to health hazards: This is also a centrally sponsored scheme,
which is implemented by the State Governments and Union Territory Administrations,
which receive 100% central assistance from the Government of India for the total
expenditure under the scheme, over and above their respective Committed Liability.
 Post Matric Scholarship for Scheduled Caste Students (PMS-SC): The Scheme is
the single largest intervention by Government of India for educational empowerment of
scheduled caste students. This is a centrally sponsored scheme. 100% central assistance is
released to State Governments/UTs for expenditure incurred by them under the scheme over
and above their respective committed liability.
 Scholarships for obtaining Higher Education and Coaching Scheme: These
include:
 Top Class Education for Scheduled Caste Students : The objective of the
Scheme is to promote qualitative education amongst students belonging to Scheduled Castes,
by providing full financial support for pursuing studies beyond 12th class, in notified
institutes of excellence like IITs, NITs, IIMs, reputed Medical/Law and other institutions.
Scholarship is awarded to the eligible SC students on securing admission in any of the
institutions notified by the Ministry.
 National Fellowship: The Scheme provides financial assistance to SC
students for pursuing research studies leading to M.Phil, Ph.D and equivalent research
degrees.
 National Overseas Scholarship: The Scheme provides assistance to students
belonging to SCs, de-notified, nomadic, semi-nomadic tribes etc for pursuing higher studies
of Master level courses and PhD programmes abroad.
 Free Coaching for SC and OBC Students: The objective of the Scheme is to
provide coaching of good quality for economically disadvantaged SC and OBC candidates to
enable them to appear in competitive examinations and succeed in obtaining an appropriate
job in Public/Private sector. The Scheme provides central assistance to institutions/centres
run by the Central/State Governments/UT Administrations, Central/ State Universities,
PSUs, Registered Private Institutions, NGOs, etc. Coaching is provided for Group 'A' & 'B'
examinations conducted by the UPSC, SSC, various Railway Recruitment Boards and State
PSCs; Officers‘ Grade examinations conducted by Banks, Insurance Companies and PSUs;
and Premier Entrance examinations for admission in Engineering, Medical and Professional
courses like Management, Law etc.
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Economic Empowerment:
 National Scheduled Castes Finance and Development Corporation (NSFDC): Set
up under the Ministry, to finance income generating activities of Scheduled Caste
beneficiaries living below double the poverty line limits (presently Rs 98,000/- per annum
for rural areas and Rs 1,20,000/- per annum for urban areas). NSFDC assists the target group
by way of refinancing loans, skill training, Entrepreneurship Development Programmes and
providing marketing support through State Channelizing Agencies, RRBs, Public Sector
Bank and Other Institutions
 National Safai Karamcharis Finance and Development Corporation (NSKFDC): It
is another corporation under the Ministry which provides credit facilities to beneficiaries
amongst Safai Karamcharis, manual scavengers and their dependants for income generating
activities for socio-economic development through State Channelizing Agencies
 Special Central Assistance (SCA) to Scheduled Castes Sub-Plan (SCSP): It is a
policy initiative for development of Scheduled Castes in which 100 % assistance is given as
an additive to SCSP of the States/ UTs on the basis of certain criteria such as SC population
of the States/UTs, relative backwardness of States/UTs, percentage of SC families in the
States/ UTs covered by composite economic development programmes in the State Plan to
enable them to cross the poverty line, etc. It is an umbrella strategy to ensure flow of targeted
financial and physical benefits from all the general sectors of development for the benefit of
Scheduled Castes. Under this Scheme, the States /UTs are required to formulate and
implement Special Component Plan (SCP) for Scheduled Castes as part of their annual plans
by earmarking resources
 Scheme of Assistance to Scheduled Castes Development Corporations
(SCDCs): Share Capital contribution is released to the State Scheduled Castes Development
Corporations (SCDCs) under a Centrally Sponsored Scheme in the ratio of 49:51 between
Central Government and State Governments. There are in total 27 such State-level
Corporations which are working for the economic development of Scheduled Castes,
although some of these Corporations are also catering to the requirements of other weaker
sections of the Society, e.g. Scheduled Tribes, OBCs, Minorities etc. The main functions of
SCDCs include identification of eligible SC families and motivating them to undertake
economic development schemes, sponsoring the schemes to financial institutions for credit
support, providing financial assistance in the form of the margin money at a low rate of
interest, providing subsidy out of the funds made available to the States under the Scheme of
Special Central Assistance to Scheduled Castes Sub Plan of the States to reduce the
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repayment liability and providing necessary tie up with other poverty alleviation
programmes. The SCDCs are playing an important role in providing credit and missing
inputs by way of margin money loans and subsidy to the target group. The SCDCs finance
the employment oriented schemes covering diverse areas of economic activities which inter-
alia include (i) agriculture and allied activities including minor irrigation (ii) small scale
industry (iii) transport and (iv) trade and service sector
 Venture Capital Fund for Scheduled Castes: The objective of the fund is to promote
entrepreneurship amongst the Scheduled Castes who are oriented towards innovation and
growth technologies and to provide concessional finance to the scheduled caste
entrepreneurs. The fund has been launched on 16.01.2015. During 2014-15, Rs.200 Crore
were released initially for the Fund to IFCI Limited, which is a Nodal agency to implement it
 Credit Enhancement Guarantee Scheme for Scheduled Castes: The objective of
this Scheme is to provide credit guarantee facility to Young and start-up entrepreneurs,
belonging to Scheduled Castes, who aspire to be part of neo middle class category, with an
objective to encourage entrepreneurship in the lower strata of the Society resulting in job
creation besides creating confidence in Scheduled Castes. The Scheme has been launched on
06.05.2015. Initially, Rs.200 Crore has been released under the Scheme to IFCI Limited,
which is a Nodal agency to implement it.
Social Empowerment
 The Protection of Civil Rights Act, 1955: In pursuance of Article 17 of the
Constitution of India, the Untouchability (Offences) Act, 1955 was enacted and notified on
08.05.1955. Subsequently, it was amended and renamed in the year 1976 as the "Protection
of Civil Rights Act, 1955". Rules under this Act, viz ―The Protection of Civil Rights Rules,
1977‖ were notified in 1977. The Act extends to the whole of India and provides punishment
for the practice of untouchability. It is implemented by the respective State Governments and
Union Territory Administrations. Assistance is provided to States/ UTs for implementation
of Protection of Civil Rights Act, 1955.
 Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act,
1989: Assistance is provided to States/ UTs for implementation of Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act, 1989. Financial assistance is provided to
the States/ UTs for implementation of these Acts, by way of relief to atrocity victims,
incentive for inter-caste marriages, awareness generation, setting up of exclusive Special
courts, etc. Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities)

17 | P a g e
Amendment Act, 2015 (No. 1 of 2016) was notified in the Gazette of India (Extraordinary)
on 01.01.2016. The Amended Act came into force w.e.f 26.01.2016.
 Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Rules,
1995: PoA Rules were amended in June 2014 for enhancing the relief amount to the victims
of atrocities to become between Rs.75,000/- to Rs. 7,50,000/- depending upon the nature of
an offence. Further Amendment done in the Principal Rules namely the Scheduled Castes
and the Scheduled Tribes (Prevention of Atrocities) Rules, 1995 by the Scheduled Castes
and the Scheduled Tribes (Prevention of Atrocities) Amendment Rules, 2016 have been
notified in the Gazette of India Extraordinary on 14th April, 2016.
 The ‘Prohibition of Employment as Manual Scavengers and their Rehabilitation
Act, 2013’ (MS Act, 2013): Eradication of dry latrines and manual scavenging and
rehabilitation of manual scavengers in alternative occupation has been an area of high
priority for the Government. Towards this end, a multi-pronged strategy was followed,
consisting of the following legislative as well as programmatic interventions:
1. Enactment of ―Employment of Manual Scavengers and Construction of Dry
Latrines (Prohibition) Act, 1993(1993 Act);‖
2. Integrated Low Cost Sanitation (ILCS) Scheme for conversion of dry latrines
into sanitary latrines in urban areas; and
3. Launching of National Scheme for Liberation and Rehabilitation of
Scavengers (NSLRS).
4. Self Employment Scheme for Rehabilitation of Manual Scavengers.
In spite of the above measures taken by the Government, manual scavenging continued to
exist which became evident with the release of 2011 the Census data indicating existence of
more than 26 lakh insanitary latrines in the country. Therefore, Government decided to enact
another law to cover all types of insanitary latrines and situations which give occasion for
manual scavenging. The ‗Prohibition of Employment as Manual Scavengers and their
Rehabilitation Act, 2013‘ (MS Act, 2013) was passed by the Parliament in September, 2013
and has come into force from 6th December, 2013. This Act intends to, inter alia, achieve its
objectives to:
1. Identify and eliminate the insanitary latrines.
2. Prohibit:- i) Employment as Manual Scavengers and ii) Hazardous manual
cleaning of sewer and septic tanks
3. Identify and rehabilitate the manual scavengers.
Other Schemes:
18 | P a g e
  Pradhan Mantri Adarsh Gram Yojana (PMAGY): The Centrally Sponsored Pilot
Scheme ‗Pradhan Mantri Adarsh Gram Yojana‘ (PMAGY) is being implemented for
integrated development of Scheduled Castes (SC) majority villages having SC Population
concentration > 50%. Initially the scheme was launched in 1000 villages in 5 States viz.
Assam, Bihar, Himachal Pradesh, Rajasthan and Tamil Nadu. The Scheme was further
revised w.e.f. 22.01.2015 and extended to 1500 SC majority villages in Punjab, Madhya
Pradesh, Andhra Pradesh, Karnataka, Uttar Pradesh, Telangana, Haryana, Chhattisgarh,
Jharkhand, Uttarakhand, West Bengal and Odisha. The principal objective of the Scheme is
integrated development of SC Majority Villages:
1. Primarily through convergent implementation of the relevant Central and
State Schemes;
2. By providing these villages Central Assistance in form of gap-filling funds to
the extent of Rs.20.00 lakh per village, to be increased by another 5 lakh if State make a
matching contribution.
3. By providing gap-filling component to take up activities which do not get
covered under the existing Central and State Government Schemes are to be taken up under
the component of ‗gap filling‘.
 Babu Jagjivan Ram Chhatrawas Yojna: The primary objective of the Scheme is to
attract implementing agencies for undertaking hostel construction programme with a view to
provide hostel facilities to SC boys and girls studying in middle schools, higher secondary
schools, colleges and universities. The Scheme provides central assistance to State
Governments/ UT Administrations, Central & State Universities/ Institutions for fresh
construction of hostel buildings and for expansion of the existing hostel facilities. The NGOs
and Deemed Universities in private sector are eligible for central assistance only for
expansion of their existing hostels facilities.
 Upgradation of Merit of SC Students: The objective of the Scheme is to upgrade the
merit of Scheduled Caste students studying in Class IX to XII by providing them with
facilities for education in residential /non-residential schools. Central assistance is released
to the State Governments/UT Administrations for arranging remedial and special coaching
for Scheduled Caste students. While remedial coaching aims at removing deficiencies in
school subjects, special coaching is provided with a view to prepare students for competitive
examinations for entry into professional courses like Engineering and Medical.
 Dr. Ambedkar Foundation: Dr. Ambedkar Foundation was set up on 24th March
1992, as a registered body, under the Registration of Societies Act, 1860, under the aegis of
19 | P a g e
the Minsitry of Welfare, Government of India. The primary object of setting up of the
Foundation is to promote Dr. Ambedkar‘s ideology and philosophy and also to administer
some of the schemes which emanated from the Centenary Celebration Committee‘s
recommendations.
 Dr. Ambedkar International Centre at Janpath, New Delhi: Setting up of ‗Dr.
Ambedkar National Public Library‘ now renamed as ‗Dr. Ambedkar International Centre‘ at
Janpath New Delhi was one of the important decisions taken by the Centenary Celebrations
Committee (CCC) of Babasaheb Dr. B.R. Ambedkar headed by the then Hon‘ble Prime
Minister of India. As on date the entire land of Plot ‗A‘ at Janpath, New Delhi measuring
3.25 acre is in possession of the M/o SJ&E for setting up of the ‗Centre‘. The responsibility
of the construction of the ‗Centre‘ has been assigned to National Building Construction
Corporation (NBCC) at a cost of Rs. 195.00 crore. The Hon'ble Prime Minister has laid the
foundation of Dr. Ambedkar International Centre on 20th April, 2015 and has announced
that the project will be completed within a period of twenty months. The National Building
Construction Company (NBCC), the executing agency has already started the construction
work at site and it is at an advance stage.
 Dr. Ambedkar National Memorial at 26, Alipur Road, Delhi: The Dr. Ambedkar
Mahaparinirvan Sthal at 26, Alipur Road, Delhi, was dedicated to the Nation by the then
Hon‘ble Prime Minister of India on 02.12.2003 and he had also inaugurated the development
work at the Memorial at 26, Alipur Road, Delhi. The responsibility of the construction of Dr.
Ambedkar National Memorial has been assigned to the Central Public Works Department
(CPWD) at an approx. cost of Rs. 99.00 Crore. The Hon'ble Prime Minister has laid the
foundation of the Memorial on 21st March, 2016 and has announced that the project will be
completed within a period of twenty months. The CPWD, the executing agency has already
started the construction work at site.
 Babu Jagjivan Ram National Foundation: The Babu Jagjivan Ram National
Foundation was established by the Government of India as an autonomous organization
under the Ministry of Social Justice & Empowerment and registered under The Societies
Registration Act, 1860 on 14th March 2008. The main aim of the Foundation is to propagate
the ideals of the late Babu Jagjivan Ram, on social reform as well as his ideology,
philosophy of life, mission and vision to create a casteless and classless society.

20 | P a g e
SCHEDULED TRIBE: IDENTITY AND WELFARE
The term 'Scheduled Tribes' first appeared in the Constitution of India. Article 366 (25)
defined scheduled tribes as "such tribes or tribal communities or parts of or groups within
such tribes or tribal communities as are deemed under Article 342 to be Scheduled Tribes for
the purposes of this constitution". Article 342, which is reproduced below, prescribes
procedure to be followed in the matter of specification of scheduled tribes.
Article 342
The President may, with respect to any State or Union territory, and where it is a state, after
consultation with the Governor there of by public notification, specify the tribes or tribal
communities or parts of or groups within tribes or tribal communities which shall, for the
purposes of this constitution, is deemed to be scheduled tribes in relation to that state or
Union Territory, as the case may be.
Parliament may by law include in or exclude from the list of Scheduled tribes specified in a
notification issued under clause(1) any tribe or tribal community or part of or group within
any tribe or tribal community, but save as aforesaid, a notification issued under the said
clause shall not be varied by any subsequent notification. 2
Thus, the first specification of Scheduled Tribes in relation to a particular State/ Union
Territory is by a notified order of the President, after consultation with the State governments
concerned. These orders can be modified subsequently only through an Act of Parliament.
The above Article also provides for listing of scheduled tribes State/Union Territory wise
and not on an all India basis.
The criterion followed for specification of a community, as scheduled tribes are indications
of primitive traits, distinctive culture, geographical isolation, shyness of contact with the
community at large, and backwardness. This criterion is not spelt out in the Constitution but
has become well established. It subsumes the definitions contained in 1931Census, the
reports of first Backward Classes Commission 1955, the Advisory Committee (Kalelkar), on
Revision of SC/ST lists (Lokur Committee), 1965 and the Joint Committee of Parliament on
the Scheduled Castes and Scheduled Tribes orders (Amendment) Bill 1967 (Chanda
Committee), 1969.
In exercise of the powers conferred by Clause (1) of Article 342 of the Constitution of India,
the President, after Consultation with the State Governments concerned have promulgated so
far 9 orders specifying the Scheduled Tribes in relation to the state and union territories. Out
2
Scheduled tribe welfare in India, Vikaspedia. (http://vikaspedia.in/social-welfare/scheduled-tribes-
welfare/ministry-of-tribal-welfare).

21 | P a g e
 of these, eight are in operation at present in their original or amended form. One order
namely the Constitution (Goa, Daman & Diu) Scheduled Tribes order 1968 has become
defunct on account of reorganization of Goa, Daman & Diu in 1987. Under the Goa, Daman
& Diu reorganization Act 1987 (18 of 1987) the list of Scheduled Tribes of Goa has been
transferred to part XIX of the Schedule to the Constitution (Scheduled Tribes) Order, 1950
and that of Daman & Diu II of the Schedule of the Constitution (Scheduled Tribes) (Union
Territories) Order, 1951.
No community has been specified as Scheduled Tribe in relation to the State of Haryana and
Punjab and Union Territories of Chandigarh, Delhi and Puducherry.
Article 342 provides for specification of tribes or tribal communities or parts of or groups
within tribes or tribal communities which are deemed to be for the purposes of the
Constitution the Scheduled Tribes in relation to that State or Union Territory. In pursuance
of these provisions, the list of Scheduled Tribes are notified for each State or Union Territory
and are valid only within the jurisdiction of that State or Union Territory and not outside.
The list of Scheduled Tribes is State/UT specific and a community declared as a Scheduled
Tribe in a State need not be so in another State. The inclusion of a community as a
Scheduled Tribe is an ongoing process.
The essential characteristics of these communities are:
 Primitive Traits
 Geographical isolation
 Distinct culture
 Shy of contact with community at large
 Economically backward
Tribal communities live, in various ecological and geo-climatic conditions ranging from
plains and forests to hills and inaccessible areas. Tribal groups are at different stages of
social, economic and educational development. While some tribal communities have adopted
a mainstream way of life, at the other end of the spectrum, there are certain Scheduled
Tribes, 75 in number known as Particularly Vulnerable Tribal Groups (PVTGs), who are
characterised by
 pre-agriculture level of technology
 stagnant or declining population
 extremely low literacy
 subsistence level of economy

22 | P a g e
The Scheduled Tribes are notified in 30 States/UTs and the number of individual ethnic
groups, etc. notified as Scheduled Tribes is 705. The tribal population of the country, as per
2011 census, is 10.43 crore, constituting 8.6% of the total population. 89.97% of them live in
rural areas and 10.03% in urban areas. The decadal population growth of the tribal‘s from
Census 2001 to 2011 has been 23.66% against the 17.69% of the entire population. The sex
ratio for the overall population is 940 females per 1000 males and that of Scheduled Tribes
990 females per thousand males.

Broadly the STs inhabit two distinct geographical area – the Central India and the North-
Eastern Area. More than half of the Scheduled Tribe population is concentrated in Central
India, i.e., Madhya Pradesh (14.69%), Chhattisgarh (7.5%), Jharkhand (8.29%), Andhra
Pradesh (5.7%), Maharashtra (10.08%), Orissa (9.2%), Gujarat (8.55%) and Rajasthan
(8.86%). The other distinct area is the North East (Assam, Nagaland, Mizoram, Manipur,
Meghalaya, Tripura, Sikkim and Arunachal Pradesh).

More than two-third of the ST population is concentrated only in the seven States of the
country, viz. Madhya Pradesh, Maharashtra, Orissa, Gujarat, Rajasthan, Jharkhand and
Chhattisgarh. There is no ST population in 3 States (Delhi NCR, Punjab and Haryana) and 2
UTs (Puducherry and Chandigarh), as no Scheduled Tribe is notified.

23 | P a g e
EDUCATIONAL BENEFITS
In the field of education also, reservation has been provided to the weaker sections through
the constitutional provisions. Clause 4 of Article 15 allowed the state for making any special
provision for the advancement of any social and educationally backward classes of citizens
or for the scheduled castes and the scheduled tribes. Article 29 protects the cultural and
educational interest of minorities. Article 46 instructs the state for promotion of educational
and economic interest of scheduled caste, scheduled tribes and other weaker sections. 3 There
is a reservation of 15 per cent for the, scheduled castes and 7.5 per cent for the scheduled
tribes in the matter of admission in all the educational institutions which come under the
administrative control of the Ministry of Human Resource Development and other Central
Ministries. Similar reservations have also been provided by the State Government and the
Union Territories. Administrations. The Universities with the exception of a few have also
followed suit.

Educational facilities like scholarships/stipends, books and stationery, uniforms, mid-day

meals, hostels, special coaching etc. are also provided to the students from these
communities. The Government of India also initiated a number of Centrally Sponsored
Schemes/Non-Plan Schemes for the benefit of these students. nere is no doubt that there has
been considerable progress in the field of education. The literacy rate amongst the scheduled
castes and scheduled tribes rose from 1.9 per cent and 0.7 per cent in 1931 to 37.41 per cent
and 29.60 per cent, respectively in 1991. Also, while in 1944-45, only 114 students
belonging to scheduled castes and 84 scheduled tribes in 1948-49 received post-metric
scholarships, this number rose to 22.52 lakh in 1999-2000. Under this scheme of National
Overseas Scholarships for higher studies abroad, 732 awards have been offered since 1954-
55, out of which 532 awards have been availed of. 4

There is no doubt that there has been a steady increase in the literacy rates for the scheduled
castes and scheduled tribes but still a large gap exists between the literacy rate among
SCs/STs and that of the non-SCs/ STs population. It is not that the 37.41 per cent literates
among the scheduled castes cover within themselves those large sections of people who just
know how to write their names and can read a little. It also includes a large number of drop-

3
Bhambhari, C. P. 2005. Reservations and Casteism, Economic and Political Weekly, 26 (February):806-808.
4
Das, Bhagwan, 2000. Moments in a History of Reservations, Economic and Political Weekly, October Issue.

24 | P a g e
outs who leave the school at the primary, middle and the secondary level. There is wide gap
among the male and female education. There are 48 districts in the states of Bihar, Madhya
Pradesh, Rajasthan and Uttar Pradesh where female literacy among the scheduled castes is
below 2 per cent. Similar is the position in respect of scheduled tribes in whose case even the
percentage of female literacy in some states is less than one per cent.
Education has long been identified as key to achieving the advancement of the SCs. In line
with Article 15(4) of the Constitution, which empowers the State to make special provisions
for the educational development of SCs, the Indian government currently allows the
reservation of 15 percent of seats for SCs in universities and colleges. This policy covers
enrolment in various undergraduate and graduate courses of general, technical, medical and
other professional education. Reservations can also extend to the allotment of places in
dormitories. State governments observe different rates of reservation, based on the size of
their SC populations.
Along with these measures, Central and state governments have also instituted
scholarship/stipend programs, as well as initiatives to furnish SCs with special tutoring,
books, mid-day meals, stationery and uniforms. One such scheme, funded entirely by the
Central government, provides four years of special and remedial tutoring to select secondary-
school students to help SCs gain admission to universities and technical institutions.5

Created in 1956 by an Act of Parliament, the University Grants Commission (UCG) oversees
the implementation of these policies in institutes of higher education. There are currently 166
central/state universities, 37 ―deemed‖ universities, and 9,278 colleges. 6 The UCG has
routinely published guidelines to encourage and aid state governments in filling reservations
quotas entirely. For example, SC candidates are normally given a relaxation of marks by five
per cent from the minimum qualifying level. Should reserved seats remain vacant,
universities are advised to increase relaxation of admission. 7

Despite these special concessions, enrolment statistics for undergraduate, post-graduate,

technical and professional courses indicate that the SC are still under-represented, with only
13.30 percent enrolment (Table 8). This falls short of both the instructed reservation of 15
percent of seats as well as the proportion of SCs to the total population. However, it should

5
National Commission for Scheduled Castes and Scheduled Tribes, Annual Report: 1993-94, 18-22.
6
Id.
7
Ministry of Human Resource Development, Department of Education of India, Annual Report: 1996-97,

25 | P a g e
be noted that the percentage of SCs in courses of higher education has nearly doubled since
1978.
A survey of SC admission to central universities backs this finding. Among the institutions
examined, only Visva Bharati in West Bengal clearly met the 15 percent quota, with 17.6
percent of those enrolled in the non-professional school from the scheduled castes. Banaras
Hindu University in Uttar Pradesh, reporting 14.78 percent SC Out of eight categories of
posts, the reservations quota is met in one, and, as is the case with all central government
services, it is the bottom-ranked, lowest-paid group of positions: Group D. None of the
remaining job groups has more than five percent SC employees. In all central universities,
SCs held two out of a total of 1,155 professorships. The National Commission for Scheduled
Castes and Scheduled Tribes attributed this low level of representation to the ―lukewarm
attitude of the authorities in the Union Department of Education‖ which failed to initiate
legislation making the implementation of reservations in central universities mandatory. As a
result, universities were not instituting reservations because the University Acts contained no
legally binding provisions to do so. In 1991, SCs were trailing the rest of the population by
14.8 percent in literacy, a larger margin of difference than in 1961 when the deficit was
13.75 percent. While SC males have gained some ground over the past decades, now only
14.22 percent versus 17.48 percent behind, SC women are not faring as well. The gap for
women has widened from 9.66 percent in 1961 to 15.53 percent in 1991. 8

A Note on Availability and Reliability of Data

As mentioned above, the process of collecting statistics on SCs was frequently complicated
by the lack of sufficient information. In addition, when data could be obtained on the
representation of SCs in services, legislatures, and educational institutions, there was no
guarantee that the figures necessarily reflected whether such representation was due to
reservations policy alone. For instance, is the general increase in the SC presence in
government services an indication that reservations were helping SCs get jobs or was it that a
growing number of SCs were qualified for positions?
Further compounding the problem was the issue of reliability of the figures and tables
obtained from government reports. For example, meaningful data regarding the enrolment of
SCs in institutes of higher education were scarce. Facing pressure from bodies like the UGC

8
Ilaiah, Kanch, 2006. Merits of Reservations, Economic and Political Weekly, 41:2447-2449.

26 | P a g e
to reserve and fill adequate numbers of seats for SCs, universities have been known to inflate
enrolment figures.
In addition, this study made extensive use of reports from the National Commission for
Scheduled Castes and Scheduled Tribes. Like the Lok Sabha Committee for the Welfare of
Scheduled Castes and Scheduled Tribes, the Commission is composed of SC politicians. As
a result, the potential for bias in assessing the working of reservations should be taken into
account. Despite such uncertainties and possible distortions of data, the fact that SCs are still
under-represented in government services and educational institutions (in relation to the
proportion they make up in the total population) undercuts the goals of the reservations
policy. The evidence presented in this study also shows that even when all reserved seats are
filled, as in the case of the Lok Sabha, there may not always be substance to the positions
attained through reservations.

27 | P a g e
RESERVATION IN SERVICES
As Marc Galanter has observed, government employment in India is widely considered
prestigious and a guarantor of security and advancement.9 Government jobs still account for
the majority of jobs in the economy‘s organized sector. Table 1 illustrates that despite
serious attempts at liberalization beginning in 1991, the public sector continues to dominate
the Indian economy and serve as the main source of employment.

Class I, the highest-paid level, includes members of the elite Indian Administrative Service
(IAS), the Indian Foreign Service (IFS), the Indian Police Service (IPS) and connected
Central Government services. In the next income bracket, Class II employees comprise
officers of the state civil service cadre. Competitive exams and interviews are usually used to
fill these top two tiers, which require highly skilled and well-qualified candidates.
In contrast, the bottom two job categories, Class III and Class IV, include low-skill, low-
qualification posts such as primary school teachers, revenue inspectors, constables, peons,
clerks, drivers, and sweepers. These are typically low-income jobs and are not subject to
strict selection processes. Additionally, selecting officials exercise a high degree of
discretion in filling posts. Influence plays a major role. This is particularly relevant given
that Class III and Class IV jobs make up the bulk of public sector employment in the
organized economy. According to estimates from 1994, 94 percent of public sector jobs in
the Central Government fell into the Class III and Class IV levels. 10

It is clear that there has been a general rise in SC representation in all four categories of
employment in central services across time. The SC presence in Class I, for instance, has
increased by ten-fold, from 1.18 percent in 1959 to 10.12 percent in 1995. The Class II
figures show an upward trend from 2.38 percent in 1959 to 12.67 percent in 1995. The
lowest class, which initially had more SC employees in 1959 than any of the other classes
had in 1995, has had a slower rate of increase.
While these are all good indications that reservations are working, it is difficult to ignore
certain realities that detract from this success. First, SC representation in the Classes I and II,

9
Marc Galanter, Competing Equalities: Law and the Backward Classes in India. Delhi: Oxford University
Press, 1984, 84-85.
10
Kanchan Chandra, ―Why Ethnic Parties Succeed: A Comparative Study of the BSP Across Indian States.‖

28 | P a g e
after over 50 years, still fall short of the reservations quota of 15 percent for SCs, while the
less-prestigious and lower-paid Class III and IV jobs are amply filled. Even prior to 1970,
when quotas were set at 12.5 percent, only Class IV met the quota of places allotted to SCs.
However, because reservations apply to only current appointments and the average service
career is around 30 years, it is a time-consuming process for the percentage of posts held to
equal the percentage of positions reserved. 11 The steep increase in Class I and II positions
since the 1960s suggests that the percentage of new SC recruits is nearing the SC
reservations quota.

Secondly, certain posts are ―exempt‖ from reservation. Under the current policy, reservations
do not apply to cases of transfer or deputation; cases of promotion in grades or services in
which the element of direct recruitment exceeds 75%; temporary appointments of less than
45 days; work-charged posts required for emergencies (such as relief work in cases of
natural disaster); certain scientific and technical posts; single post cadre; upgradation of
posts due to cadre restructuring (total or partial); and ad hoc appointments arising out of stop
gap arrangements.12 As far as scientific and technical posts are concerned, reservations do
not apply to positions above the lowest grade in Group I services.
Finally, another factor undercutting the positive trends is the prevalence of false caste
certification. Non-SCs, whether out of opportunism or desperation, have been known to pose
as SCs in order to take advantage of reserved government jobs, in addition to other benefits
afforded to SCs, such as relaxation of maximum age limits and waiving of civil service
exams and fees. In an attempt to curb the problem, the Karnataka state government
considered issuing caste identity cards to SCs, STs, and OBCs in June 2001. However, the
plan was shelved when the authorities realized how costly such a policy would be, given that
around 90 percent of the state‘s population could be counted as SC, ST or OBC.
Article 335 of the Constitution lays down that ‗the claims of the members of the Scheduled
Castes and Scheduled Tribes shall be taken into consideration, consistently with the
maintenance of efficiency of administration, in making of appointments to service and posts
in connection with the affairs of the Union or of a state‘. This provision requires the Union
as well as State Governments to take steps to ensure that claims of the members of the

11
Id.
12
―Nabhi‘s Brochure on Reservation and Concessions for Scheduled Castes, Scheduled Tribes, Other Backward
Classes, Physically Handicapped, Ex-Servicemen, Sportsmen, and Compassionate Appointments.‖ Delhi: Nabhi
Publications, 2001, 43.

29 | P a g e
scheduled castes and scheduled tribes are duly considered in making of appointments to
services and posts under the Central as well as the State Governments. How best effect can
be given to this provision in the Constitution is a matter of details to be decided by the
Central or State Governments concerned. An indication is, however, given in Article 16 to
one effective measure that can be adopted for this purpose, according to Kancha Ilaiah
(2006:03).

This article empowers the State to make 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. Thus (Union as well as State
Governments) may make a provision for the reservation of appointments or posts in favour
of Scheduled Castes and Scheduled Tribes. Similarly, the State is empowered to make
provision for reservation in matters of promotions to any; lass or classes of posts in the
services under the State in favour of scheduled castes and scheduled tribes which, in the
opinion of the State, are not adequately represented in the services under the State. The
Government can no doubt adopt other measures, as well, to implement the provisions of
Article 335, such as relaxations of age limits, reduction in examination fees for entry into
government services, lowering down of educational and other qualifications, and provision
of pre-examination coaching.

The reservation of 12½ per cent for scheduled castes and 5 per cent for scheduled tribes
continued after the coming into force of the Constitution of India. These percentages were
subsequently enhanced in 1970 to 15 per cent for scheduled castes and 7.5 per cent for the
scheduled tribes. Presently, there is a reservation of 15 per cent for scheduled castes, 7.5 per
cent for scheduled tribes and 27 per cent for other backward classes in all the posts under the
control of Central Government and Central Public Undertakings. Similar reservations have
also been provided in the posts and services under the State Governments/UT
Administrations. The percentage of such reservations which has been kept in the proportion
to the population of these communities varies from State to State.

Reservations have also been provided in posts filled by promotion. The reservation of more
than 50 per cent of the vacancies as, they arise in any year or a 'carry forward' rule which has
the same effect will be outside the provision of Article [16(4)]. As a result of the
implementation of the reservation policy, there has been a considerable increase in the
30 | P a g e
representation of scheduled castes and scheduled tribes in various posts and services under
the Central Government. In so far as the scheduled castes are concerned, their percentage of
representation rose from 0.71, 2.01, 7.03 and 17.19 in Group A, B, C and D, respectively in
1957 to 10.15, 12.67, 16.15 and 21.26, respectively in 1995. The representation of scheduled
tribes also raised from 0.10, 0.32, 0.62 and 2.44 in Group A, B, C, and D, respectively in
1957 to 2.89, 2.68, 5.69 and 6.48, respectively in 1995. In the IAS the percentage of
Scheduled Castes and Scheduled Tribes increased from 1.63 and 0.09 respectively in 1954 to
15.8 and 7.9, respectively in 1995. Similarly in IPS, this percentage for scheduled castes and
scheduled tribes rose from 1.19 and 0.51 in 1954 to 15.6 and 8.3 in 1995.

Sheth (1987:04) delineates: ―In pursuance of the Constitutional provisions regarding

reservation, the implementation of the policy of the job reservation has been in vogue for the
last five decades. In addition to the Central Government, the State Governments have also
enacted laws and issued orders providing for reservation for the Scheduled Castes and
Scheduled Tribes in the services under their control. Though there has been some increase in
the intake of SC/ST in various posts and services in the Central as well the State
Governments since 1950, the scheduled castes and scheduled tribes have not been able to
reach the prescribed percentage of reservation. There have been significant distortions in the
implementation of the reservation policy and the progress has not been very satisfactory.
This is not to deny the fact that this has brought considerable amount of socioeconomic
change among the SCs and STs through all these years, still they have a long way to go
before they could occupy all the positions reserved for them at the upper echelons of
administration‖.

Though there is a reservation of 15 per cent of the scheduled castes and 7.5 per cent for the
scheduled tribes, but in order to avail of the opportunities of reservation, i.e., to be eligible
for applying for different positions under the Central or State Government one needs to have
some basic educational qualification. The difficulty is that when a large section of SC/ST
population did not have- those basic qualifications for availing the benefit of reservation,
how it can be expected that the quota of reservation for them in Group A, B and C services
could be fulfilled. The benefit of reservation in various posts and services under the Central
or State Government has not been derived uniformly by all the SC/ST communities. There
are 471 castes/sub-castes included in the list of scheduled castes and 548 tribes/sub-tribes in
the list of the scheduled tribes but hardly 8-10 castes/communities from these groups derive
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maximum benefit whereas others have been left out. Even within the same groups only a few
families have taken advantage of the reservation.

For example Chamars amongst the Scheduled Castes and Meenas among the scheduled
tribes have derived maximum advantage. The other left out castes among the scheduled
castes are Pasi, Madiga, Mala, Adi-Dravida, Dusadh, Paraiyan, Balmiki, Mehtar, Namsudra,
Mang, Megh, Mahar, Adi Karnataka, Adi Andhra, Musahar etc. Similarly, among the
scheduled tribes, Gond, Bhil, Santhat, Oraon, Munda, Khond, Kachari, Saora, Kol and Koris
etc. have not taken the benefit of reservation to the desired extent. Article 335 of the
constitution lays down that ―the claims of the members of the scheduled castes and
scheduled tribes shall be taken into consideration, consistently with the maintenance of
efficiency of administration, in making appointments to service and post in connection with
the affairs of the Union or of a state‖. This provision requires the union as well as state
governments to take steps to ensure that claims of the members of the scheduled castes and
scheduled tribes are duly considered in making of appointment. How best effect can be given
to this provision in the constitution is a matter of details to be divided by the Central or State
Governments concerned. An indication is, however, given in Article 16 to one effective
measure that can be adopted for this purpose.

Singh (2000:05) asserts: ―This article empowers the state to make any provision for the
reservation of appointments or post in favors of any backward class of citizens which, in the
opinion of the state is not adequately represented in the services under the state. Thus (Union
as well as State Governments) may make a provision for the reservation of appointments or
post in favour of scheduled castes and scheduled tribes. Similarly, the state is empowered to
make provision for the reservation in matters of promotions to any class or classes of posts in
the services under the state in favour of scheduled castes and scheduled tribes which, in the
opinion of the state, are not adequately represented in the services under the state‖.

The Government can no doubt adopt other measures, as well, to implement the provisions of
Article 335, such as relaxations of age limits, reduction in examination fees for entry into
Government Services, lowering down of educational and other qualifications, and provision
of pre-examination coaching etc. Reservation in appointments, the percentages varies from
time to time. Presently, there is a reservation of 15 per cent for scheduled castes, 7.5 per cent
for scheduled tribes in all posts under the control of Central Government and Central Public
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Undertakings. Similar reservations have also been provided in the posts and services under
the State Governments/UT Administrations. The percentage of such reservations which has
been kept in the proportion to the population of these communities varies from State to State.
Reservations have also been provided in posts filled by promotion. As a result of the
implementation of the reservation policy, there has been a considerable increase in the
representation of scheduled castes and scheduled tribes in various posts and services under
the Central Government Representation of SC/STs in ABCD (Groups Services in 1957 and
1995).

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RESERVATION IN LEGISLATIVE AND EXECUTIVE HIERARCHY
The number of seats reserved for scheduled castes and scheduled tribes, shall bear, the same
proportion to the total number of seats allotted to that State or Union Territory in the House
of People as the population of the scheduled castes and scheduled tribes in the State or Union
Territory as the case may be, in respect of which seats are so reserved, bears to the total
population of the State or Union Territory based on the preceding census. In case of Assam,
the number of seats reserved in the House of People for the scheduled tribes in the
autonomous districts shall bear to the total number of seats allotted to that State a proportion
not less than the population of the scheduled tribes in the said autonomous districts bears to
the total population of the State.

Srivastava (2000:07) amplifies: ―In pursuance of this Article, 106 out of 545 seats are
reserved for the members of SC/ST communities. In the 11 th Lok Sabha, there were 123
Members of Parliament belonging to SC/ST communities which include that besides the
reserve constituencies SC/ST who are elected against unreserved Lok Sabha seats also. It is a
healthy sign of social transformation. Source: Fourth Report (1996-97 - 1997-98) of the
National Commission for SCs and STs‖. 13

A similar reservation of seats for the scheduled castes and scheduled tribes has been
provided in the State Assemblies under Article 332 of the Constitution. The effect of
reservation of seats for the scheduled castes and scheduled tribes is to guarantee a minimum
number of seats to the members of the scheduled castes and scheduled tribes. It does not
deprive a member of a scheduled castes or scheduled tribes of his right to contest a general
seat on the strength of the very nomination for a reserved seat.

If, in a two-member constituency, one seat is reserved for the scheduled castes, and besides
the member returned to his reserved seat, another member of the Scheduled Caste secures the
highest votes at the general election, there is nothing to prevent the second member of the
Scheduled Castes from being elected to the second seat. The reservation of seats provided
under Article 332 cannot be challenged on the ground of denial of right guaranteed under
Article 14.

13
Sheth, D. L. 1987. Reservations Policy Revisited, Economic and Political Weekly, 22 (46): 1957–1962.

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TIME LIMIT FOR RESERVATION

In Article 334 the reservation of seats for scheduled castes and scheduled tribes has been
provided initially for a period of ten years from the commencement of the Constitution. The
founding fathers of the Constitution were of the firm conviction that the educational, social
and economic condition of the scheduled castes and scheduled tribes will improve and come
at par with the rest of the population within a period of ten years. The period of ten years
expired on the 25th January, 1960.

The educational, social and economic condition of the scheduled castes and scheduled tribes
was reviewed and it was found that they have not yet reached to the level of non SC/ST
population and they cannot be elected to the Parliament or State Assemblies from the general
seats. It was therefore, decided to extend the period of reservation of seats for SC/ST in the
Lok Sabha and State Assemblies for a further period of ten years by the Constitution (8 th
Amendment) Act, 1959. The same exercise was repeated again and again on the expiry of
every ten years till 2000. The last amendment of Article 334 was made this year by
substituting the word 'fifty' by 'sixty'. 14

Article 243-D provides that in accordance with the Constitution (Seventy-third Amendment)
Act, 1992 seats in panchayats from village panchayats to zilla parishads will be reserved for
SCs and STs in proportion to their population at respective level, in direct election. Out of
the seats reserved for SCs and STs one third will be reserved for women of these
communities. These reserved seats for SCs and STs shall be allotted by rotation to different
constituencies in a panchayat at each level. Panchayat elections have been held/are being
held in most of the States/UTs. Similarly, in Article 243-T in accordance with the
Constitution (Seventy-Fourth Amendment) Act, 1992, out of total seats to be filled by direct
elections, seats shall be reserved for SCs/STs in proportion to their population in the
Municipal Bodies at each level. Out of these reserved seats for SCS/ STs at least one third
shall be reserved for SC/ST women. Elections to the Municipal Bodies have been held in all
the States/UTs except Bihar and Pondicherry where the case is sub-judice.

14
Singh, Shyam Nandan, 2000. Impact of Reservation Policies for Tribals in India, Special Issue, Journal of
Rural Development, 19(4), Oct-December, pp-603-623.

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RESERVATION AND JUDICIAL REVIEW
As already stated, reservation has been provided on the basis of Article 16(4). According to
Article 335, ―the claims of the members of the scheduled castes and scheduled tribes shall be
taken into consideration in the matter of appointment to services and posts under the union
and the states, as far as may be consistent with the maintenance of efficiency of
administration‖.
The Supreme Court, in General Manager vs Rangachari‘s case in 1962 held that while
Article 16(4) is apparently without any limitation upon the power of reservation conferred by
it, it has to be read together with Article 335 which enjoins that in taking into consideration
the claims of the members of the scheduled castes and scheduled tribes in the making of
appointments in connection with the affairs of the union or a state, the policy of the state
should be consistent with the maintenance of efficiency of administration.
The result is that as per Balaji vs State of Mysore case in 1963, there can be no doubt that the
constitution makers assumed that while making adequate reservation under Article 16(4)
care would be taken not to provide unreasonable, excessive or extravagant reservation;
therefore, like the special provision improperly made under Article 15(4), reservation made
under Article 16(4) beyond the permissible and legitimate limit would be liable to be
challenged as a fraud on the constitution (as quoted Basu, 1997).
As already stated, in Indira Sawhney‘s case (1992) known as Mandal Commission case, the
Supreme Court had ordered that if a reservation in promotion exists it shall continue for 5
years. However, by the Constitution (77th Amendment) Act, 1995, this limitation of time has
been removed by inserting Clause 4A to enable it to continue reservation in promotion for
the SC and ST.15
The Supreme Court in its judgment of October 1996 in the case of S. Vinod Kumar vs Union
of India however, held that such relaxations in matters of reservation in promotion were not
permissible under Article 16(4) of the Constitution in view of the command contained in
Article 335 of the Constitution. In order to implement the judgments of the Supreme Court
such relaxations had to be withdrawn with effect from July 22, 1997.
Prior to August 29, 1997 the vacancies reserved for the scheduled castes (SCs) and the
scheduled tribes (STs) which could not be filled up by direct recruitment on account of non-
availability of the candidates belonging to the SCs or the STs were treated as ‗backlog

15
Somanathan, Rohini 2006. Assumtions and Arithmetic of Caste-Based Reservations, Economic and Political
Weekly, 41:2436-2438.

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vacancies‘. These vacancies were treated as distinct group and were excluded from the
ceiling of fifty per cent reservation. 16
The Supreme Court of India in its judgment in Indira Sawhney vs Union of India held that
the number of vacancies to be filled up on the basis of reservations in a year including
carried forward reservations in no case exceed the limit of fifty per cent.
As total reservations in a year for the SCs, STs and the OBCs combined together had already
reached 49.5 per cent and the total number of vacancies to be filled up in a year could not
exceed 50 per cent it became almost impossible to fill the ―backlog vacancies‖ and to hold
special recruitment drives. Therefore, to implement the judgment of the Supreme Court, an
Official Memorandum dated August 29, 1997 was issued to provide that the fifty per cent
limit shall apply to current as well as backlog vacancies and for discontinuation of the
special recruitment drive.

16
Srivastava, B.N. 2000. Working of the Constitutional Safeguards and Protective Measures for the Scheduled
Caste and Scheduled Tribes, Journal of Rural Development, National Institute of Rural Development,
Hyderabad, India, Special Issue, 19(4):573-602.

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CONCLUSION
The scholars and advocates have strongly advocated the need for protective discrimination as
well as affirmative action. The Central and State Governments have also launched several
welfare and developmental programs to fulfill the constitutional obligations in free India in
order to make SC/ST communities catch up other sections of Indian society in the race for
social, economic, political and cultural progress. There are a number of Centrally Sponsored
Schemes which have been undertaken for the benefit of Scheduled Castes and Scheduled
Tribes in the post-independence era. The SC/ST welfare programmes are not effectively
implemented in the post – independence era by the policy makers and bureaucrats who
represent the dominant powers in India. The representatives of Dalits in the legislature and
bureaucracy are not asserting their rights and failed to live up to the expectations of
marginalized sections of society. There is a need for re-examination of reservation policy
from the point of view of reversing the paradigm of development in the new millennium.

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 BIBLIOGRAPHY
BOOKS:
1. Galanter, Marc. Competing Equality (Univ of California Pr; First Printing edition)
2. Mukherjee, Sandeep. RESERVATION POLICY (Reservation in governmental services for
SCs, STs, OBCs and PWD) Variety Books Publishers Distributors; 2014 edition (2014)
3. Pasricha, Seema. Caste Based Reservation in India: Constitutional Safeguards, Gandhi's
Views, Ambedkar's Views, Mandal Commission Report, Caste Reservation in Theory and
Practice. [Deep & Deep Publications (1 December 2006)]

JOURNALS:
1. B. P. Mahesh Chandra Guru, V. Shanmugam, Somanna and M. Dileep Kumar, 2015.
―Reservation benefits for SCS and STS in India‖, International Journal of Current Research,
7, (11), 22807-22811.
2. Shubham Aparajita & Rishee Rhudra, Right to equality in India vis-à-vis reservation in
favour of backward classes, Volume 2 Issue 7.

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