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The Great Indian Reservation System – Understanding its Past, Present and Solutions

From Current Affairs Notes for UPSC » Editorials & In-depths » This topic

The Supreme Court, while looking into the constitutional validity of the Maratha reservation, mentioned that it will examine whether the landmark 1992 judgement in Indra Sawhney v Union of India case requires to be revisited. The potential reconsideration of the 11-judge ruling, popularly known as the Mandal case, could change the structure of reservations that has been in existence for decades.

What is the reservation?

• Reservation is the process of facilitating people in education, scholarship, jobs etc. that were faced with historical injustice.
• Reservation is the form of quota-based affirmative action.
• Reservation is governed by constitutional laws, statutory laws, and local rules and regulations.
• Reservation system in India constitutes a number of initiatives like reserving access to seats in the legislatures, to government jobs and to enrolment in higher educational institutions.

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Why reservation?

• The reservation is undertaken to resolve the historic oppression, inequality , and discrimination suffered by those communities and to give them a place.
• It is meant to achieve the promise of equality enshrined in the constitution.
• The main objective of the reservation system in India is to improve the social and educational status of underprivileged communities and thus improve their lives.

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What is the historical background?

• The reservation system in India dates back to the 2 nd century B.C. where the upper class enjoyed some added privileges.
• The idea of a caste-based reservation system was originally conceived by William Hunter and Jyotirao Phule in 1882.
• This made a provision for separate electorates for Muslims, Sikhs, Indian Christians, Anglo-Indians, Europeans, and the Dalits.
• The communal award was opposed by Mahatma Gandhi , whereas, B.R. Ambedkar supported it.
• To address the situation, Poona Pact was signed. According to this, the country would have a single Hindu electorate, with seats reserved for Dalits.
• In the 1990s, the recommendations of the Mandal Commission were implemented in government jobs. (Click here to refer Fundamental rights mind map).

What are the constitutional provisions related to the reservation?

• Reservation for Scheduled Castes (SC) and Scheduled Tribes (ST) in federal and state legislatures.
• The constitutional authority of the President to set up commissions to assess and suggest remedies for the welfare of SC and ST sections.
• Article 15(4) and 16(4) of the Constitution – extends benefits of reservation to socially and educationally backward classes.

Why reservation demand has been growing rapidly?

• Agriculture crisis : The Jats in Haryana, Patels in Gujarat and Kapus in Andhra Pradesh believe that reservations provide a solution to the rural distress faced by them especially the crisis in agriculture.
• Unemployment : is also one of the major factors influencing the demand for reservation.
• Privilege: The agitation for reservation also arises from the fear of losing privilege and the inability to cope with change.
• Salaries and Wages: Wages in the private sector are much lower than in the public sector. Salaries of government jobs are most attractive at the entry-level.
• Demands of Upper castes: Previously advantaged castes like Brahmins, Chettiars, and Rajputs have begun to feel severely disadvantaged as they don’t get any quotas even if they are economically disadvantaged. Thus they want to integrate the economically disadvantaged groups among them in the reserved category.

What are the arguments in favour of reservation?

• Historical injustice: Caste based reservation is a necessity in India because of historical negligence and injustice caused to those backward communities.
• Level Playing field: Reservation provides a level playing field as it is difficult for the backward sections who were historically deprived of education, skills, and economic mobility to suddenly start competing with those who had access to those means for centuries.
• Meritocracy Vs Equality: Meritocracy is important, however, it will have no meaning without equality. The caste-based reservation also minimized the gap between upper and lower castes to a great extent.
• Administration quality: A study revealed that reservations have not affected the efficiency of administration, but enhanced quality. The best example is the Indian Railways in which the SC/ST employees comprise more in number, and the results have been better.

What are the arguments against reservation?

• The majority of lower castes have stepped up the social ladder and are now on an equal status compared to the general population. Hence, there is no need for reservation anymore.
• A reservation only provides a limited and short-term solution to the historical injustice issues.
• Reservation is obviously a tool to address social and educational backwardness, however, it does not have solutions for all social and economic ailments. There are much better and innovative ways to solve those issues. However, reservation prevents the leadership to come up with viable solutions.
• As the reservation grows larger, it becomes a mechanism of exclusion rather than of inclusion. Because, nowadays, the previously advantaged communities have becoming disadvantaged to a large extent due to the reservation conundrum. Many upper castes are still plagued by poverty and illiteracy. Why equality and justice don’t work for them?
• Reservation brings down the economic growth rate of the country as it reduces the efficiency of its labour.
• Reservation agitations may cause social unrest as it was at the time of the Mandal Commission (1990).

What are the concerns/challenges in the reservation system?

• Castes that should be actually benefitted are not being benefitted, instead, others are reaping the benefits of the reservation system.
• The reservation system has just become an instrument for politicians to gain vote banks.
• Agitation for reservation resulted in several deaths, affected transport and the loss of many working days in schools and workplaces. Example- Jat agitation in Haryana.
• One community after another will start demanding reservations due to the success of others. Many of these communities are politically and economically sound and hence placing the whole community in the reservation system is unethical.

What is the Court’s stand on the reservation?

• In Indira Sawhney Judgement 1992, the Supreme Court declared that the total reservation for SC/ST and other backward classes or special categories should not exceed 50%. Therefore the decision by the Maharashtra government after passing the law is likely to be challenged before the court.
• In 2014, the then Maharashtra government had granted 16% reservation for the Marathas. But the reservation was stayed by the Bombay High Court.
• In 2017, the Supreme Court had said quota in jobs and education in Rajasthan has exceeded the 50% limit and it cannot be increased further.
• Moreover, the petition challenging the Tamil Nadu reservation policy is pending before the Supreme Court.

What are the solutions?

• Reservations based on caste and not on the basis of the economic condition are unethical and unacceptable.
• Fair and just reservations should be provided to uplift the people with poor conditions of life, those who don’t have meals to eat, clothes to wear, and no home to live in.
• They shall be made on the basis of factors such as gender (as women are more disadvantaged than men since primitive times), domicile, family education, family employment, family property, family income and if any disabilities and traumas.
• The process of the reservation should be such that it filters the truly economically deprived individuals and bring them all to justice.
• Provide an opportunity for students to earn while they study.
• Bring about revolutionary changes in our education system at the grass-roots level to improve education quality. Because reservation at subsequent stage will never be of any use if quality education hasn’t been provided to children at the primary stage.

Thus reservations are the exact opposite of development and equality. We don’t require reservations based on castes or religion but only to actually provide support to those who have fewer resources, and merit should be provided equal and due importance in admission procedures as well employment opportunities. This way we would be successful in eliminating caste discrimination and unite the economically rich together in supporting the economically poor, regardless of their castes. As Justice Ravindran in the Ashok Kumar Thakur vs Union of India case rightly said, “when more people aspire for backwardness rather than of forwardness, the country itself stagnates”.

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Good attempt. Better track a record of SC shaping Law pertaining to Reservation in higher education u/15 (4). Progress be compartmentalize in SC judgements in a slot of every 20 years. Give readers citations only. From Champkam Dorairajan till latest. However, appreciate your excellent narration.

good ! and there were more info’s about the reservation!

Very nice article, crisp and powerful, included all possible areas and provisions. Thank you

reservation boon or bane

Wow ! what an eye opening essay about reservation and the attempt to highlight the flaws of reservation are fantastic . Yes we need Reservations based on financial status of people not on the basis of caste

Most SCs (99%) will also qualify for the reservation under financial status.

May all of the new generation read this article so that they can introduce a change into our society…

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The key to revitalising India’s reservation system

• September 6, 2021

UPSC Articles

GOVERNANCE/ SOCIETY

• GS-1: Indian Society & its challenges
• GS-2: Government policies and interventions for development in various sectors

Context : Introducing reservations for OBCs in the All India Quota of National Eligibility cum Entrance Test (NEET) examinations.

Why Reservations?

• In deeply unequal and oppressive social orde r of Indian Society, some sort of state support (like reservations) is needed to promote inclusive development.
• Through reservations, marginalised groups — which have suffered generations of oppression and humiliation — would be able to find place in the power sharing and decision-making processes. 

However, reservation has not translated into an equalisation of life chances for many groups in our heterogeneous society.

• Intra-Group Demands : There is now a strong demand to revise the policy, from those who have not been able to enjoy the benefits of reservations from within the marginalised sections
• Asymmetrical distribution of reservation : 97% of central OBC quota benefits go to just under 25% of its castes. As many as 983 OBC communities — 37% of the total — have zero representation in both central government jobs and admissions to central universities. (G.Rohini Commission report)
• Insufficiency of Data: There is hardly any legible data on the socio-economic conditions of varied social groups at State & local level. Also, we do not know what liberalisation has done to castes which remained tied to more traditional sources of income.

Way Forward: 

There is a need for an institution alike the Equal Opportunities Commission of the USA or UK which can undertake the following: 

• Make a deprivation index by using the data from the socio-economic-based census of different communities and rank them to make policies specific to each deprived community.
• Undertake an audit on performance of employers and educational institutions on non-discrimination and equal opportunity provided.
• Issue codes of good practice in different sectors.

Connecting the dots:

• Reviewing Reservations
• ‘ Creamy layer’ and exclusion from reservation
• Andhra Pradesh  Locals First Policy
• Madhya Pradesh  domicile based quota
• Reservation is  not a fundamental right

Related Posts :

V. o. chidambaram pillai, srilankan economic crisis.

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The Concept, Origin And Evaluation Of Reservation Policy In India

Reservation vis-à-vis constitution of india.

• 93rd constitutional amendment act does not violate the basic structure of the constitution as it only moderately abridges or alters the principle of equality.
• Reservation in educational institutions is a part of affirmative action.
• Social and financial status must be studied for the identification of backward classes.
• Caste or economic backwardness should not be the sole criteria of the reservation. For reservation social, economic, and educational backwardness should be considered together.
• Creamy layer exclusion principle should not be extended to SCs and STs.
• The government has to show the backwardness of the particular community before introducing the quota for them
• There should be an inadequate representation of the community and it should be based on quantifiable data.
• Overall efficiency of the public administration should not be affected due to reservation in promotion.

International Perspective On Affirmative Actions

Arguments in favour of reservation, arguments against reservation.

• In the socially backward section of society, only the economically sound people take most of the benefits of the reservation and the rest of the section remains deprived due to lack of knowledge and awareness, thus it ruins the aim of reservation, marginalized section among backward section still remains marginalized.
• The caste-based reservation policy is promoting the caste system, instead of abolishing it. People are using it as a tool to meet their political benefits.
• Quotas based on the reservation are a form of discrimination against other citizens, which is contrary to the right to equality guaranteed under the Constitution of India.
• Reservation may adversely affect the educational, economic growth of India because it does not ensure the efficiency of people who get selected by way of the quota system in educational institutes as well as in other sectors.
• Reservation schemes do not elevate the quality of education and work efficiency of employees, rather degrades it.
• In the caste-based reservation system, the economically backward section of the upper caste does not get any benefit whereas the economically well-off section from backward and lower caste enjoys the privilege of it.
• Reservation agitations may cause social unrest by creating the feeling of discrimination among the different castes and classes of society.

Requirement Of Reservation In Modern Era

• Do we really need this policy in modern times, or it should be abolished?
• Had this policy really helped the backward section of society in the last 70 years?
• Is there any need to revise this policy and instead of caste-based reservation other principles like economic backwardness should be followed?
• Caste-based discrimination is still prevalent in both rural and urban areas of the country.
• Untouchability is still practiced in a large part of the country. People from higher caste avoid social interaction with the people from lower caste.
• Socially backward classes are still among the poorest section (BPL) of the society. Representation of SCs/STs and OBC is still not adequate in the public services.
• The cases of atrocity against SCs/STs are still common in many parts of the country. People from lower castes and tribal areas like the northeastern states of India are still facing violence against them on the basis of their identity.
• Practices like inter-caste marriage are still considered taboo and viewed with disgust in our society.
• By considering all these facts we can clearly observe that although a large section of the backward classes has uplifted its educational and financial status but failed to meet the same social status as others from upper castes in the society. With this, there is an equally large section of the same class which is still untouched from the benefits of this policy.

Critical Analysis Of Reservation

• Andhra Pradesh v. Nalla Raja Reddy 1967 AIR 1458
• Ashoka Kumar Thakur Vs Union of India (2007) 4 SCC 361
• Indra Sawhney v. Union of India, AIR 1993 SC 477
• M. Nagaraj vs Union of India AIR 2007 SC 71
• Balaji v. State of Mysore AIR 1963 SC 649
• Supra Note 3
• Supra Note 4
• Appanna vs. state of Karnataka AIR 1983 KANT 113
• Supra Note 6
• Jarnail Singh v.Lachmi Narayan AIR2018SC4729
• Dr.Ambedkar & Caste, Harijan, February 11, 1933, 3.

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Essay on Reservation: Need, Problems and Solutions for Class 10, 12 and Mains Exam

Essay on reservation: need, problems and solutions for class 10, 12, mains exam (upsc, psc, ssc).

Reservation in India is a system that provides access to seats in educational institutions, government jobs and legislatures to few sections of the population.  It is a form of positive discrimination to safeguard theinterests of the scheduled cates, scheduled tribes and other backward classes who were once termed as untouchables and were looked down upon. Reservation is basically a government policy supported by various policies, commissions and acts of the Indian constitution. The Maharaja of Kolhapur, Shahu, initiated reservation in favor of the non-brahmins. In 1882, Jyoti Rao Phule and William Hunter accepted the notion of a caste-based reservation system. The Communal Award presented by Ramsay McDonald made provisions for separate electorates for Dalits, Muslims, Sikhs and Indian Christians. The Mandal commission recommended reservation for the OBCs and the Poona Pact decided a single Hindu electorate based on reservations for lower castes.

Need of reservation:

Interpretation of the articles:.

Article 16: The state is empowered to make provisions to adequately represent the SC, ST, OBC in the government services.

Mandal Commission:

Mandal commission was founded by Morarji Desai of the Janta Party with a purpose to identify the educationally and the socially backward classes of India and to support the reservation of seats and the quota system. It suggested that 27% of government jobs shall be reserved for the OBCs.

Problems of reservation:

c) Social prohibition: Communities excluded from reservation suffers from anxiety and depression. Reservation has become a tool for exclusion rather than inclusion. It has resulted in social conundrums for the ones who once enjoyed privileges and rights. Poor SCs and STs still owns a disadvantageous position and remain on the fringes.

Solutions of reservation:

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Reservation in India Advantages and Disadvantages | UPSC – IAS

Table of Contents

Reservation in India Advantages and Disadvantages

The system of reservation in India consists of a series of measures, such as reserving access to seats in the various legislatures, to government jobs, and to enrollment in higher educational institutions. The reservation nourishes the historically disadvantaged castes and tribes, listed as Scheduled Castes and Scheduled tribes (SCs and STs) by the Government of India, also those designated as Other Backwards Classes (OBCs) and also the economically backward general. The reservation is undertaken to address the historic oppression, inequality, and discrimination faced by those communities and to give these communities a place. It is intended to realise the promise of equality enshrined in the Constitution.

 Achievements of Reservation Policy (Advantages ) | UPSC IAS | PCS

• Reservations are a political necessity in India, for giving due representation to all  sections.
• Although Reservation schemes do undermine the quality of education but still  Affirmative Action has helped many if not everyone from under-privileged and/or  under-represented communities to grow and occupy top positions in the world’s leading  industries.
• Reservation schemes are needed to provide social justice to the most marginalized and  underprivileged which is their human right.
• Meritocracy is meaningless without equality. First all people must be brought to  the same level, whether it elevates a section or decelerates another, regardless of merit.
• Reservations have only slowed down the process of “Forward becoming richer and backward  becoming poorer”.

Negative fallouts of Reservation Policy (Disadvantages) | UPSC IAS | PCS

• Reservation is similar to internal partition because in addition to being a form of ethnic  discrimination, it also builds walls against inter-caste and inter-faith marriages.
• Reservations are the biggest enemy of meritocracy . By offering reservation through  relaxed entry criteria, we are fuelling inflation of moderate credentials as opposed to the  promotion of merit based education system, which is the foundation of many progressive countries. Meritocracy should not be polluted by injecting relaxation of entry barriers,  rather should be encouraged by offering financial aids to the underprivileged although  deserving candidates only. Today the IITs and IIMs hold a high esteem in the global scenario due to  their conservation of merit.
• Caste Based Reservation only perpetuates the notion of caste in society, rather than  weakening it as a factor of social consideration, as envisaged by the constitution.  Reservation is a tool to meet narrow political ends, by invoking class loyalties and  primordial identities.
• Affirmative Action can be provided at a more comprehensive level taking into account various  factors of exclusion such as caste, economic conditions, gender, kind of schooling received etc. A  comprehensive scheme of Affirmative Action would be more beneficial than reservations in  addressing concerns of social justice.
• The benefits of reservation policy have largely been appropriated by the dominant  class within the backward castes, thereby the most marginalised within the  backward castes have remained marginalised. It has been observed that mostly the beneficiaries of reservation have been the children of the highest paid professionals and high rank  public officials.
• Poor people from “forward castes” do not have any social or economic advantage over rich people from backward caste. In such a case, discriminating against the “forward caste” goes counter to the logic of reservation. It would create another “backward class” some years down the line. This ‘perceived’ injustice breads frustration and apathy in the society. The recent protests demanding quotas by some of the forward castes, in Gujarat and Rajasthan, is the testimony to this fact. For example, in Tamil Nadu, forward castes were able to secure only 3% of total seats (and 9% in Open Competition) in professional institutions at Undergraduate level as against their population percentage of 13%. This is a clear case of reverse discrimination.

Conclusion and Analysis Reservation policy in India  | UPSC IAS | PCS

• The issue of reservation has remained a cause of disagreement between the reserved and the non- reserved sections of the society . While the unreserved segments, keep on opposing the provision, the neediest sections from within the reserved segments are hardly aware about how to get benefited from the provision or even whether there are such provisions.
• On the contrary , the creamy layer among the same segment is enjoying special privileges in the name of reservation and political factions are supporting them for vote banks.
• Reservation is no doubt good, as far as it is a method of appropriate positive discrimination for the benefit of the downtrodden and economically backward Sections of the society but when it tends to harm the society and ensures privileges for some at the cost of others for narrow political ends, as it is in the present form, it should be done away with, as soon possible.
• It is time we address the challenge of reservations honestly, openly, fairly and innovatively. We cannot bury our heads in the sand forever like an ostrich.

Brief Summary | UPSC – IAS

The Reservation Policy in India has both positive and negative implications. While it provides representation for underprivileged communities, it has led to a political division and hindered social progress. The policy’s benefits have often been exploited by the affluent within backward castes, leaving the most marginalized still marginalized. This has sparked protests and debates, questioning the policy’s fairness. Despite its noble intent, the system’s implementation lacks transparency and effectiveness, serving as a tool for political gains. It’s essential to reevaluate the Reservation Policy, ensuring it remains a genuine mechanism for uplifting the disadvantaged, rather than perpetuating division and injustice.

Multiple Choice Questions | UPSC – IAS

1. What is the primary purpose of the Reservation Policy in India? a) To create divisions among different sections b) To promote inter-caste and inter-faith marriages c) To provide equal representation to all sections d) To hinder the growth of underprivileged communities

Explanation: The primary purpose of the Reservation Policy is to provide equal representation to all sections of society.

2. How does the Reservation Policy impact meritocracy? a) It encourages merit-based education b) It supports the principles of meritocracy c) It hinders the growth of moderate credentials d) It promotes the selection of deserving candidates only

Explanation: The Reservation Policy has been criticized for hindering the growth of moderate credentials, which can affect the principle of meritocracy.

3. According to the information provided, what is one of the negative consequences of Caste Based Reservation? a) Weakening of caste-based considerations b) Promotion of equality among different castes c) Reinforcement of caste divisions in society d) Elimination of social injustices

Explanation: Caste Based Reservation perpetuates the notion of caste in society, reinforcing its divisions rather than weakening them.

4. How has the Reservation Policy impacted marginalized communities within the backward castes? a) It has uplifted the most marginalized individuals b) It has failed to benefit the most marginalized within the backward castes c) It has eradicated caste-based discrimination completely d) It has improved the economic conditions of all backward castes equally

Explanation: The most marginalized within the backward castes have often not received the full benefits of the Reservation Policy, as it has been appropriated by the dominant class within these castes.

5. What social issue has arisen due to the Reservation Policy, according to the information provided? a) Increased cooperation among different sections b) Enhanced social justice for all communities c) Frustration and apathy among the forward castes d) Elimination of backward classes from society

Explanation: The Reservation Policy has led to frustration and apathy among some forward castes, leading to protests demanding quotas, as described in the information.

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Essay on reservation policy in india.

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Essay on Reservation Policy in India!

Initially, the percentage of reservation (in 1950 Constitution) provided reservation of 12.5 per cent for the SCs and 5 per cent for the STs but these percentages were subsequently enhanced in 1970 to 15 per cent and 7.5 per cent for SCs and STs respectively. The res­ervation was provided in jobs, admission to colleges and universities, and the central and state legislative assemblies.

Our Constitution guarantees/stipulates justice and equality of opportu­nity to all its citizens. It also recognizes that equal opportunity implies competition between equals, and not ‘un-equals’. Recognizing the inequal­ity in our social structure, the makers of the Constitution argued that weaker sections have to be dealt with on a preferential footing by the state. A special responsibility was, thus, placed upon the state to provide protection to the weaker sections of society.

Accordingly, the Constitu­tion provided for protective discrimination under various articles to accelerate the process of building an egalitarian social order. Thus, prefer­ential treatment for the depressed classes (SCs and STs), including reserva­tion of seats, should not be understood as an act of magnanimity on the part of the political elite at the national level but rather a strategy to give them a share in power in politics and administration and to uplift them socially and economically.

Later, it was provided in public undertakings and nationalised banks, etc. All state governments also en­acted laws providing for reservation for the SCs (and STs) in the services under their control. Further, other concessions like reservation in promo­tions, etc. were also provided by the governments.

In January 1999, the President of India’s noting in a confidential file pertaining to judicial appointments to the effect that special quota should be considered for the weaker sections of society like SCs, STs and women in the appointment of judges in High Courts and the Supreme Court, led to a future in legal circles and a debate on meritocracy versus protective discrimination.

The controversy is not about whether the President has constitutional power to suggest changes in the selection process. The issue is: if Chief Justice of India’s argument that merit alone is important in ju­dicial appointments is logical, why cannot it be applied to other areas like educational institutions, science laboratories, etc., and if President’s view has logic, why can’t reservations be extended to armed forces, formation of cabinets, etc. The President’s noting are never casual.

They are not personal opinions. They carry an official stamp. If judges and senior advo­cates believe in the primacy of merit in judiciary, will the Supreme Court review its earlier judgement given in November 1992 with regard to ac­cepting 27 per cent reservation for the OBCs? The failure of the policy of reservation to uplift the SCs (and STs) over a period of around five dec­ades on the one hand and the politics of reservation, i.e., the rat race among the political parties to net specific groups like OBCs, Dalit Chris­tians and the Muslims, and recent demands of some castes (like Jats, etc. in Rajasthan) to include them in OBC category, on the other, have posed se­rious challenges for the society and economy.

The Supreme Court ruling on the ceiling of the reservation limit at 50 per cent and subsequently, the passing of Tamil Nadu Reservation Act (1993) raising the reservation to 69 per cent and including this Act in the constitution by 85th amendment to take it beyond judicial review have opened the door with one state gov­ernment after another rushing through similar kind of legislations. It is in this context that the issue of reservation assumes great importance.

The question now raised by many people is: Should we continue res­ervations for SCs and STs in educational institutions, services, Lok Sabha and Vidhan Sabhas? One argument is that these should have been discon­tinued ten years from the coming into force of the Constitution. By extending the term every decade, we are going against the wishes of the Constitution-makers.

It is in fact derecognising merit and depriving the more qualified. The SCs and STs in India together constitute 24.56 per cent (16.48% and 8.08% respectively) of the total population, OBCs 51 per cent, economically weaker sections (destitute) 10 per cent, and Mus­lims 12 per cent. All this adds up to 97.56 per cent. When nearly the whole country is backward, where is the justification for special measures for any particular section of the backwards?

Second argument is that we have tried out the reservation idea to im­prove the lot of the weaker sections for 50 years. If the reservations have really made no difference in their conditions so far, why persist with such an ineffectual arrangement? The reservation benefits are cornered by the creamy layer.

Third argument is that this (reservation) policy is being bartered for vote. There will be no objections if the reservations are provided for un­der the very concept of the equality of opportunity.

On the other hand, one view is that since the object of reservation (for SCs) has not been achieved, it should be continued for a few more decades. The other view is that it is time to phase out reservations slowly. This can be done either by removing the creamy layers or by letting the reservation percentages taper off to a vanishing point. In fact, this process should have been initiated much earlier. It would have indeed been a wonderful idea for our nation to enter the twenty-first century as a casteless society.

Our contention is that theoretically, it is inadmissible and practically difficult to scrap the policy of reservation. We agree with Roy Burman’s view that for some more years, reservation should be extended to SCs, STs and OBCs.

However, the policy of reservation has to be scientific and rational. In the given economic and political structure, caste (or birth or family) should not determine one’s life chances. It is assumed that SCs (and for that matter STs and OBCs also) represent a homogeneous group but actually they are a heterogeneous group.

Therefore, following B.S. Bhargava and Avinash Samal (1998: 518), it may be suggested that:

(i) Not caste but income should be given importance in determining backward­ness;

(ii) The concept of creamy layer should be applied to SCs (and STs) also;

(iii) Reservation should be restricted only to the first generation bene­ficiaries. The candidates whose parents have already availed reservation fa­cilities in securing a job should not be given the facility again;

(iv) Concession of scholarship may be provided to SC (and ST and OBC) stu­dents securing more than the specified percentage of marks (say, 48%) in high school and graduate courses for getting quality education in good in­stitutions. All these measures will benefit those who really deserve help.

Related Articles:

• Reservation in India: Controversy, Justification and Criticism
• Women Reservation Policy in India

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Indian Reservations

By: History.com Editors

Updated: July 9, 2023 | Original: December 8, 2017

The Indian reservation system established tracts of land called reservations for Native Americans to live on as white settlers took over their land. The main goals of Indian reservations were to bring Native Americans under U.S. government control, minimize conflict between Indians and settlers and encourage Native Americans to take on the ways of the white man. But many Native Americans were forced onto reservations with catastrophic results and devastating, long-lasting effects.

Treaty of Hopewell

In 1785, the Treaty of Hopewell was signed in Georgia—the largest state at the time—placing the native Cherokees under the protection of a young United States and setting boundaries for their land.

But it wasn’t long before European settlers intruded on Cherokee land. The Cherokees cried foul and revolted against the white settlements. To reestablish peace between the Cherokees and the settlers, the Treaty of Holston was signed in 1791 in which the Cherokees agreed to give up all land outside of their established borders.

Not only did the federal government want Native Americans to give up their land, they also encouraged them to become farmers and Christians. In the early 19th century, settlers moved into southern Cherokee territory en masse and wanted their government representatives to claim the land.

The United States acted to remove all Indian nations from the southeast. Georgia agreed to cede her western land to the government in return for Indian land title.

Andrew Jackson

After the Louisiana Purchase , Thomas Jefferson hoped to move eastern Indian tribes past the Mississippi River—but most Indians rejected his idea. When Georgia held lotteries to allocate seized Indian land, the battle-weary Creeks who’d sought sanctuary in east Alabama fought for their independence against the militia of Andrew Jackson , which included so-called “friendly Indians.”

After suffering a devastating defeat at what became known as the Battle of Horseshoe Bend, the Creeks yielded more than 20 million acres of land to the federal government.

Over the next several years, the government passed several acts to diminish Indian autonomy, despite the Cherokee forming a new constitution-based government of their own. And in December 1828, Georgia ordered the seizure of the remaining Cherokee land in their state.

Indian Removal Act

On May 28, 1830, the Indian Removal Act was signed by President Jackson. The Act allowed the government to divide land west of the Mississippi to give to Indian tribes in exchange for the land they’d lost. The government would pick up the cost of relocating the Indians and helping them resettle.

The Indian Removal Act was controversial, but Jackson argued it was the best option since settlers had rendered Indian lands incompatible with sustaining their way of life.

How Native Americans Struggled to Survive on the Trail of Tears

Severe exposure, starvation and disease ravaged tribes during their forced migration to present‑day Oklahoma.

Native Americans Have General Sherman to Thank for Their Exile to Reservations

The Civil War hero brought his scorched‑earth policy to the Plains—and wiped out Native Americans’ food supply.

What Was FDR’s ‘Indian New Deal’?

An economic relief program aimed specifically at helping Native American communities during the Great Depression, the legislation marked a sharp U‑turn in federal policy toward Indigenous peoples.

Trail of Tears

Over the next few years, the Choctaw, Chickasaw and Creeks were forced to move westward on foot, often in chains and with little or no food and supplies. Even some Indians in the North were forced to relocate.

In 1838, President Martin Van Buren sent federal troops to march the remaining southern Cherokee holdouts 1,200 miles to Indian territory in the Plains. Disease and starvation were rampant, and thousands died along the way, giving the tortuous journey the nickname “ Trail of Tears .”

A group of  Seminoles, however, refused to leave and hunkered down in Florida . They fought federal troops for almost a decade before their leader was killed and they finally surrendered.

The Indian Appropriations Act

As white settlers continued westward and needed more land, Indian territory shrank—but there was no more land for the government to move them to.

In 1851, Congress passed the Indian Appropriations Act, which created the Indian reservation system and provided funds to move Indian tribes onto farming reservations and hopefully keep them under control. 

Life on Indian Reservations

Daily living on the reservations was hard at best. Not only had tribes lost their native lands, but it was almost impossible to maintain their culture and traditions inside a confined area.

Feuding tribes were often thrown together and Indians who were once hunters struggled to become farmers. Starvation was common, and living in close quarters hastened the spread of diseases brought by white settlers.

Indians were encouraged or forced to wear non-Indian clothes and learn to read and write English, sew and raise livestock. Missionaries attempted to convert them to Christianity and give up their spiritual beliefs.

The Dawes Act

In 1887, the Dawes Act was signed by President Grover Cleveland allowing the government to divide reservations into small plots of land for individual Indians. The government hoped the legislation would help Indians assimilate into white culture easier and faster and improve their quality of life.

But the Dawes Act had a devastating impact on Native American tribes. It decreased the land owned by Indians by more than half and opened even more land to white settlers and railroads. Much of the reservation land wasn’t good farmland, and many Indians couldn’t afford the supplies needed to reap a harvest.

Prior to the Indian reservation system, Indian women farmed and took care of the land while men hunted and helped protect the tribe. Now, men were forced to farm, and women took on more domestic roles.

The Indian Reorganization Act

After a review of life on Indian reservations known as the Meriam Survey, it was clear the Dawes Act was severely detrimental to Native Americans.

The law was ended in 1934 and replaced with the Indian Reorganization Act with the goals of restoring Indian culture and returning surplus land to tribes. It also encouraged tribes to self-govern and write their own constitutions and provided financial aid for reservation infrastructure.

Modern Indian Reservations

Modern Indian reservations still exist across the United States and fall under the umbrella of the Bureau of Indian Affairs (BIA). The tribes on each reservation are sovereign and not subject to most federal laws.

They handle most reservation-related obligations but depend on the federal government for financial support. On many reservations, the main sources of revenue are tourism and gambling.

According to the BIA, 567 federally-recognized American Indian tribes and Alaskan natives reside in the United States. The BIA is responsible for improving their quality of life, providing them with economic opportunities and improving their assets which the BIA holds in trust.

Despite their efforts, living conditions on reservations aren’t ideal and are often compared to that of a third-world country. Housing is overcrowded and often below standards, and many people on the reservations are stuck in a cycle of poverty.

Health care on reservations is provided through Indian Health Services , but it’s underfunded and, in some cases, practically non-existent. Many Native Americans die from lifestyle-related diseases such as heart disease and diabetes.

Infant mortality rates are significantly higher for Indians than for whites, and alcohol and drug abuse is on the rise. Many people leave the reservations for urban areas in search of employment and improved living conditions.

The Indian reservation system was originally established as a result of the greed and prejudice of early American settlers and the federal government. Despite its challenges then and now, Native American nations continue to hold on to their unique heritage and work to thrive as communities.

HISTORY Vault: Native American History

From Comanche warriors to Navajo code talkers, learn more about Indigenous history.

1851: Congress creates reservations to manage Native peoples. U.S. National Library of Medicine, Native Voices. Bureau of Indian Affairs. USA.gov. Bureau of Indian Affairs (BIA): Mission Statement. U.S. Department of the Interior: Bureau of Indian Affairs. Cherokee Removal. New Georgia Encyclopedia. Indian Removal Timeline. University of Houston Digital History. Indian Treaties and the Removal Act of 1830. Office of the Historian, Bureau of Public Affairs. Living Conditions. Native American Aid. The Battle of Horseshoe Bend: Collision of Cultures. National Park Service.

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Women’s Reservation Bill

Last updated on October 3, 2023 by ClearIAS Team

The Women’s Reservation Bill in India seeks to reserve a certain percentage of seats in both the Lok Sabha and state legislative assemblies for women. The primary aim of the bill is to enhance women’s political representation and participation in decision-making processes at the highest levels of government. Read here to learn the latest developments.

Indian Parliament passed the Women’s Reservation Bill on September 18, 2023. It is a landmark moment for gender equality, especially in terms of women’s political leadership.

The passage of the bill is testimony to India’s commitment to women-led development, for which it mobilized global support during its G20 Presidency in 2023.

Table of Contents

The Women’s Reservation Bill 2023

The Women’s Reservation Bill 2023, officially titled The Constitution (One Hundred and Twenty-Eighth Amendment) Bill 2023, was introduced in the Parliament of India, marking a significant moment in the legislative arena.

The current legislation aims to reserve 33 per cent of seats in both the directly elected Lok Sabha and state legislative assemblies exclusively for women.

It was historic as being the first bill considered in the newly inaugurated parliament building.

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The women’s reservation would be implemented following the first delimitation, which is currently on hold until 2026.

Women’s Reservation Bill: History

The bill has its roots in the recommendations of various committees and commissions, including the National Commission for Women and the United Nations, which have advocated for increased women’s participation in politics.

The bill was first introduced in Parliament in the 1990s but has faced numerous challenges in the legislative process.

Over the years, the Women’s Reservation Bill has been introduced in Parliament multiple times but has not been passed into law. It has lapsed or been deferred several times due to political disagreements and resistance.

The bill has faced opposition from various quarters, including some political parties and lawmakers.

• Critics have raised concerns about its implementation, its potential impact on other marginalized groups, and whether it addresses the broader issue of women’s empowerment beyond political representation.
• Despite its challenges, the bill has received support from women’s rights activists, civil society organizations, and many women politicians. They argue that it is a necessary step to break down gender barriers in Indian politics.
• Supporters of the bill iterate that it will help address gender disparities in political representation and empower women to actively participate in policy formulation and decision-making. It is seen as a step toward achieving gender equality in politics.

Some states in India have taken independent measures to increase women’s representation in local governance. For example, several states have introduced a quota system to reserve seats for women in panchayats (local self-government bodies).

Objectives of the Bill

The proposed bill calls for the reservation of one-third (33.33%) of the total seats in the Lok Sabha and state legislative assemblies for women.

• It mandates 33 percent reservation for women in the Lok Sabha, the state Legislative Assemblies, and the Delhi Assembly.
• It also reserves one-third of seats for women within the existing SC and ST reservations.
• Seats will be reserved on a rotational basis, and reservations will cease after 15 years.

Criticism of the bill

Two reasons call for criticism of the 2023 Bill.

• First, the implementation schedule’s complexity. The Constitution (One Hundred and Twenty-eighth Amendment) Act of 2023 would go into effect once “an exercise of delimitation is undertaken for this purpose after the relevant figures for the first Census taken after that date have been published,” according to the bill. The election cycle from which women will get their fair share is not specified.
• Second, the new Bill does not offer women’s reservation in the Rajya Sabha and state legislative councils, in keeping with the previous regimes. Women are currently underrepresented in the Rajya Sabha compared to the Lok Sabha. The Lower and Upper Houses must both adhere to the concept of representation.

Previously, numerous critical arguments against the reservation for women in politics had surfaced-

• Some argue that reservation policies can lead to tokenism, where women are seen as filling quotas rather than being genuinely supported and empowered.
• There can be resistance and backlash against women in leadership roles, which may not necessarily dismantle entrenched patriarchy.
• Reservation policies typically apply to political representation but may not address broader societal and cultural norms that perpetuate patriarchy.
• The effectiveness of reservation policies may vary for women of different social, economic, and cultural backgrounds. Intersectionality—the overlapping of multiple forms of discrimination—needs to be considered.
• Reservation policies may be a starting point, but achieving lasting change in gender equality requires addressing systemic issues beyond political representation.

Significance of the bill

The significance of the Women’s Reservation Bill in India is multifaceted and has far-reaching implications:

• Under Representation of Women in Legislature: Globally, women currently occupy only 26.7% of parliamentary seats and 35.5% of local government positions. Such a step by India, a large economy can have a positive impact globally as well.
• Gender Equality and Empowerment: The primary objective of the bill is to promote gender equality and empower women by providing them with adequate political representation. Women constitute nearly half of India’s population, and ensuring their participation in decision-making processes is a fundamental aspect of gender justice .
• Political Participation: The bill aims to increase the political participation of women at all levels of government. By reserving seats for women, it encourages women to enter politics, contest elections, and hold public office.
• Women’s Voices and Issues: Increased representation of women in legislatures ensures that women’s voices are heard on critical issues, including those related to women’s rights, education, health, and safety. It can lead to policies and legislation that address gender-based discrimination and violence.
• Women elected to political office can serve as role models for other women and girls, inspiring them to pursue leadership roles in various fields, including politics.
• Tackling Patriarchy: The reservation of seats for women challenges traditional gender roles and stereotypes, challenging the patriarchal nature of Indian politics and society.
• Gender Inclusive Governance: Research has shown that gender diversity in decision-making bodies, including legislatures, often leads to better governance and decision-making, as diverse perspectives and experiences are considered.
• Social and Economic Development: Empowering women politically can have positive effects on social and economic development. It can lead to policies that promote gender-sensitive development, improved access to education and healthcare for women, and increased economic opportunities.
• Addressing Gender Disparities: The bill can contribute to reducing gender disparities in various sectors, including education, employment, and healthcare, as women’s concerns and priorities are more likely to be addressed.
• International Commitments: India is a signatory to international agreements and conventions that call for gender equality and women’s empowerment . Implementing the Women’s Reservation Bill demonstrates India’s commitment to these international obligations.
• The bill encourages political parties to promote women leaders and give them opportunities to contest elections, which can lead to a more inclusive and diverse political landscape.

Related articles: Women in Politics , Women in Judiciary , Women in Armed Forces , Women in STEM

According to the United Nations, “This quota reserving 33% seats for women will leapfrog India into one of 64 countries around the world who have reserved seats for women in their national Parliaments. Typically, achieving a critical mass of 30 percent representation by women in Parliament is known to yield positive outcomes for women’s empowerment. However, we hope that implementing such reservations will ultimately lead to achieving 50 percent representation of women in Parliaments across the globe.”

It’s important to note that the Women’s Reservation Bill has faced opposition and debates within India’s political landscape.

Some critics argue that it might perpetuate tokenism, while others believe that it is necessary to address the underrepresentation of women in politics.

Reservation for women in politics can be a valuable tool in challenging patriarchy and promoting gender equality, but it should be part of a broader strategy that addresses cultural norms, education, economic empowerment, and social change to create a more inclusive and equitable society.

Additionally, the impact of such policies can vary, and their success depends on various factors, including their design and implementation.

Previous year question

Q. “The reservation of seats for women in the institutions of local self-government has had a limited impact on the patriarchal character of the Indian Political Process.” Comment. (2019 GS-2)

-Article by Swathi Satish

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Reader Interactions

October 15, 2023 at 6:24 pm

RESERVATION bILL IS WRONG, AS IF WOMEN ARE NOT GIVEN FREEDOM TO CONTEST IN ELECTIONS. WRONG, WRONG

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Indian Polity

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Women Reservation Act, 2023 - Women in Politics

• 06 Dec 2023
• 38 min read
• GS Paper - 2
• Constitutional Amendments
• Fundamental Rights
• Directive Principles of State Policy
• Statutory Bodies
• Constitutional Bodies
• Judgements & Cases
• Government Policies & Interventions
• Indian Constitution

For Prelims: Constitution (128th Amendment) Bill, 2023 , Constitution (106th Amendment) Act, 2023 , Lok Sabha , Rajya Sabha , State Legislative Assemblies , Delimitation Process , Convention on the Elimination of All Forms of Discrimination Against Women, 1979 , Constitution (104 th Amendment) Act, 2019 , Supreme Court , Triple Test , World Economic Forum (WEF) , Global Gender Gap Report 2023.

For Mains: Impact of Women’s Reservation Act, 2023 on promoting inclusivity in the democracy , making it more participative and eliminating gender gap in the long run.

What is the Women's Reservation Act, 2023?

• The Constitution (106 th Amendment) Act, 2023, reserves one-third of all seats for women in Lok Sabha , State legislative assemblies , and the Legislative Assembly of the National Capital Territory 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.
• Currently, around 15% of the total members of the 17th Lok Sabha (2019-2024) are women while in state legislative assemblies, women on average constitute 9% of the total members.
• Despite progress, the representation of women in decision-making bodies remains relatively low, increasing from 5% in the first Lok Sabha to 15% in the 17 th Lok Sabha.
• The first three Bills (1996, 1998, 1999) expired when their respective Lok Sabhas dissolved.
• The 2008 Bill was introduced in and approved by the Rajya Sabha but also lapsed when the 15th Lok Sabha dissolved.
• However, in the present case, it will require adherence to the “Triple Test” laid down by the Supreme Court .
• considering reservations for women from other backward classes OBCs) at an appropriate time
• implementing reservations for a 15-year period with subsequent reviews
• devising a plan for reserving seats for women in the Rajya Sabha and state legislative councils.

Issue of Triple Test:

• Government sources said that reservations for women would require clearing the "triple test" .
• In 2010, the Supreme Court held that backwardness with relation to local bodies has to be “political” – such as underrepresentation in politics. It may differ from “social and educational backwardness”, which is used to grant reservations for seats in educational institutions or government jobs.
• First, the state was mandated to set up a dedicated commission to examine backwardness in local bodies within the state.
• Second, states were required to determine the size of the quota based on the commission survey data.
• Third, these reservations, combined with Scheduled Castes and Scheduled Tribes quotas, could not be more than 50% of the total seats in the local body.
• However, such a “triple test” is not applied to political reservations for SC/STs, since the reservation in elections applies under Article 334.
• The “triple test” for representation of SC/STs “only applies in the case of quota for promotions in government employment.”

What are Different Committees and Their Reports on the Issue?

• It was created in response to a request from the UN for a report on the status of women ahead of International Women’s Year, 1975.
• Set up by the erstwhile Ministry of Education and Social Welfare.
• It examined the constitutional, administrative, and legal provisions that have a bearing on the social status of women, their education, and employment — and the impact of these provisions.
• Following this, several states began announcing reservations for women in local bodies.
• In 1987, the government constituted a 14-member committee under then Union Minister Margaret Alva.
• Among the committee’s 353 recommendations was the reservation of seats for women in elected bodies.
• In 1992, the 73 rd and 74 th Constitutional Amendment Acts were introduced under the Prime Ministership of P V Narasimha Rao.
• Many States such as Maharashtra, Andhra Pradesh, Bihar, Chhattisgarh, Jharkhand and Kerala have made legal provisions to ensure 50% reservation for women in local bodies.

First Women’s Reservation Bill

• However, many MPs, especially those belonging to the OBCs, opposed the Bill .
• Consequently, the bill was sent to a Select Committee of Parliament headed by Geeta Mukherjee.
• The Committee had 21 members from LS and 10 from RS.
• The panel noted that seats for women had been reserved within the SC/ST quotas, but there was no such benefit for OBC women because there is no provision for OBC reservation.
• It recommended that the government “may consider…extending…reservation to OBCs also at the appropriate time so that the women belonging to OBCs will also get the benefit of reservation”.
• In 2013, the Ministry of Women and Child Development constituted a committee on the status of women , which recommended ensuring at leas t 50% reservation of seats for women in the Local bodies , State Legislative Assemblies, Parliament, Ministerial levels and all decision‐making bodies of the government.

Present Status of Women Representation

• As per the World Economic Forum (WEF) ’s Global Gender Gap Report 2023 , India has made strides in political empowerment, achieving 25.3% parity in this domain.
• Women represent 15.1% of parliamentarians, which is the highest representation since the inaugural report in 2006.

What is Status of Women’s Reservation in Panchayats and ULBs?

• In 1985, the state government of Karnataka implemented 25% reservation for women in Mandal Praja Parishads with a sub-quota for scheduled caste and scheduled tribe women, becoming the first state to do so.
• In 1987, the erstwhile united Andhra Pradesh implemented 9% reservation for women in gram panchayats.
• The 1992 Constitutional amendment made this quota national, and inserted a 33% sub-quota for scheduled caste and scheduled tribe women.
• In 1992, following the recommendations of the National Perspective Plan for Women 1988-2000 , the 73 rd and 74 th Amendment Acts (1992) mandated the reservation of 1/3 rd of seats for women in Panchayati Raj institutions (PRIs) and in urban local bodies.
• Article 243D of the Constitution ensures participation of women in PRIs by mandating atleast 1/3rd reservation for women out of total number of seats to be filled by direct election and number of offices of chairpersons of Panchayats.

Status In Different States

• These 18 states, including Gujarat and Kerala have also made legal provisions for 50% reservation for women in PRIs.
• Lowest - Uttar Pradesh (33.34%)
• Overall percentage in India - 45.61%
• Bihar was the first one to increase the reservation percentage to 50% (in Panchayats and ULBs) in 2006 followed by Sikkim the next year.
• The issue centers around the Nagaland Municipal Act of 2001, which mandated a 33% reservation for women in ULB polls (as per 74th amendment).
• Their apex tribal body argues that women have traditionally not been part of decision-making bodies.
• Nagaland is the only state where ULB seats are not reserved for women.

What is Status of Women’s Reservation in Services in Different States?

• The Constitution of India does not expressly permit reservation for women in public employment. On the contrary, Article 16(2) prohibits discrimination in public employment on the ground of sex.
• Therefore, women can, at best, be provided only horizontal and not vertical reservation on the basis of the Supreme Court’s pronouncement in the famous Indra Sawhney’s case (1992).
• For example, if women have 50% horizontal quota , then half of the selected candidates will have to necessarily be women in each vertical quota category i.e., half of all selected Scheduled Caste candidates will have to be women, half of the unreserved or general category will have to be women, and so on.
• In 2006, Uttarakhand state government issued an order ensuring 30% horizontal reservation for women candidates in the state. This reservation was for public employment exclusively to state-domiciled women.
• In August 2022, the High Court of Uttarakhand stayed this order. However, in Nov 2022, the Supreme Court allowed the government to continue with its 16-year-old decision and stayed a HC order that had opened up the quota for women from anywhere in India.
• In January 2023, the government again came out with an ordinance to continue with the provisions of the reservation.
• In 2022, the Karnataka government reserved 33% for outsourced women employees in all the departments.
• As per the circular, the state government recruits data entry operators, housekeeping staff and other group D employees, drivers through outsourcing.
• The 33% reservation is applicable for all autonomous bodies, universities, urban local bodies, and other government offices.
• In 2022, on the occasion of Women's Day, Tripura govt has announced its decision to give a reservation of 33% to all women for any state govt job, or for higher educational institutions.
• In 2020, the Punjab state govt approved 33% reservation for women in direct recruitment for the Punjab Civil Services, boards and corporations.
• The 'Punjab Civil Services (Reservation of Posts for Women) Rules, 2020' provided such reservation for women for direct recruitment to posts in government, as well as in recruitment to Boards and Corporations in Group A, B, C, and D posts.
• In 2016, the state cabinet granted 35% reservation to women in all government jobs.
• Earlier, the state govt also made a provision for a reservation of 35% for women in the recruitment of police constabulary in the state.

Representation of Women in Other Sectors

• India has had one woman prime minister and two female presidents since independence in 1947.
• Fifteen women have served as chief ministers so far .
• India's Supreme Court has not had a single female chief justice so far.
• As of August 2023, there were three women judges in the apex court of a sanctioned strength of 34, 106 women judges out of 788 in the 25 high courts and 7,199 in the lower courts.
• Justice BV Nagarathna is in line to become the first woman Chief Justice of India in 2027.
• As of March 2023, there were 6,993 women officers in the Indian army, 748 in the navy. The strength of women officers in the Indian Air Force stood at 1,636, excluding medical staff.
• Women constitute 11.7% of the 2.1 million-strong police force.
• India has the highest proportion of female pilots to males in the world , making up 15% out of a total of about 10,000 pilots in the South Asian country, against 5% globally.
• With 62.9% female participation, agriculture has the highest percentage of women workers , followed by manufacturing, at 11.2% in 2022.
• Millions of Indian women are employed in unorganised sectors such as domestic and daily wage labourers.
• Women accounted for 18.2% of board seats at NIFTY 500 companies in 2023, with the life sciences sector reporting the highest female representation on boards at 24%.
• The tech industry has a high representation of women in the workforce at 34% but lags behind other industries when it comes to women in executive positions. There are 8.9% of firms with women in top managerial posts.

What are the Issues Related to Delimitation?

• The 2021 Census that was postponed because of the Covid pandemic and several other reasons has been further pushed to 2024-25 until further orders.
• The Union Home Minister explained that the decision to implement reservation after delimitation is to ensure that a quasi-judicial body like the Delimitation Commission can decide which seats to reserve, after public consultation.
• The Law Minister claimed that it was against the provisions of the Constitution to provide reservation immediately, noting that someone may challenge it in a court of law. And the government will not allow the Act to get stuck in some technicality.
• According to rough estimates, the country's population has increased by about 30 percent since the last census in 2011. Therefore, the seats in the Lok Sabha will also increase in the same proportion.
• It is expected that there will be an increase of about 210 seats over the 543 seats in the current Lok Sabha. That means the total seats would likely be around 753.

Previous Delimitation Exercises

• Election Commission also said that delimitation exercises undertaken in the years 1952, 1963, 1973, and 2002 have not considered the exact number of women in a constituency.
• Even after the 2001 census, the delimitation exercise for Assam, Arunachal Pradesh, Nagaland, and Manipur was left out by the 2002 Commission.
• The delimitation exercise for the newly formulated Union territory of Jammu and Kashmir went on for over two years between March 2020 to May 2022.
• In Assam , it was started by the Election Commission in 2022, and the final draft was published in August 2023. The process, however, has been challenged before the Supreme Court.
• As for Arunachal Pradesh and Nagaland, the Supreme Court was informed recently by the central government that it is "considering" setting up a delimitation commission for the two states, while delimitation in Manipur would be delayed.

What is the OBC Issue?

Unlike SCs and STs , the Constitution does not provide for political reservation for Other Backward Classes (OBCs) in the Lok Sabha or state assemblies.

• However, the government has not implemented such a quota, citing legal and constitutional hurdles.
• But the Supreme Court has put a cap of 50% on the overall reservations (Vikas Kishanrao Gawali vs State of Maharashtra) which limits OBC reservation to 27%.
• This 50% upper limit is in the lines with the Indira Sawhney vs Union of India judgment.
• The Constitution (Amendment) Bill, 2018 (insertion of new articles 330A and 332A) proposes to ensure a proportionate representation to OBC in representative bodies -- House of the People and the Legislative Assemblies of the State.

Should There be an OBC Women Reservation Under the 33% Reservation?

What are Different Constitutional Provisions Related to Women’s Reservation?

• The Act provides that reserved seats for women may be allotted by rotation to different constituencies in states or Union Territories.
• In the seats reserved for SCs/STs, the Act seeks to provide one-third of the seats to be reserved for women on rotational basis.
• Reservation for Women in State Legislative Assemblies: The Act introduces Article 332A , which mandates the reservation of seats for women in every state Legislative Assembly. Additionally, one-third of the seats reserved for SCs and STs must be allocated for women, and one-third of the total seats filled through direct elections to the Legislative Assemblies shall also be reserved for women.
• Article 239AA(2)(b) was amended by the Act accordingly to add that the laws framed by parliament shall apply to the National Capital territory of Delhi.
• The reservation will be provided for a period of 15 years. However, it shall continue till such date as determined by a law made by Parliament.
• Rotation of Seats : Seats reserved for women will be rotated after each delimitation, as determined by a law made by Parliament.

What is Background of the Reservation for Women in Politics in India?

• The issue of reservation for women in politics can be traced back to the Indian national movement. In 1931, in their letter to the British Prime Minister, submitting the official memorandum jointly issued on the status of women in the new Constitution by three women’s bodies, leaders Begum Shah Nawaz and Sarojini Naidu.
• These recommendations paved the way for the historic enactment of the 73 rd and 74 th amendments to the Constitution which mandate all State governments to reserve one-third of the seats for women in Panchayati Raj Institutions and one-third of the offices of the chairperson at all levels of the Panchayati Raj Institutions, and in urban local bodies, respectively. Within these seats, one-third are reserved for Scheduled Caste/Scheduled Tribe women.
• The discussion upon the reservation of women reservation bill is prevalent since the 1996 . As the then Government lacked a majority, the Bill could not have been approved.
• 1996: First Women Reservation Bill was introduced in the Parliament.
• 1998 – 2003: Government tabled the Bill on 4 occasions but failed.
• 2009: Government tables the bill amid protests.
• 2010: The Union Cabinet passes the Bill and RS passes it.
• 2014: The Bill was expected to be tabled in LS.
• The National Policy for the Empowerment of Women (2001) had stated that reservation will be considered in higher legislative bodies.
• In May 2013, the Ministry of Women and Child Development constituted a committee on the status of women, which recommended ensuring at least 50% reservation of seats for women in the Local bodies, State Legislative Assemblies, Parliament, Ministerial levels and all decision‐making bodies of the government.
• In 2015, the Report on the Status of Women in India noted that the representation of women in state assemblies and Parliament continues to be dismal. It recommended reserving at least 50% seats for women in local bodies, state legislative assemblies, Parliament, ministerial levels, and all decision-making bodies of the government.

What Are the Arguments in Support of the Act?

• According to recent UN Women data, Rwanda (61%), Cuba (53%), Nicaragua (52%) are the top three countries in women representation. Bangladesh (21%) and Pakistan (20%) as well are ahead of India in case of female representation.
• Women representation in politics is a vital step towards gender equality. However, according to Global Gender Gap Report 2022, India ranks 48th out of 146 in Political Empowerment.
• Notwithstanding its rank, its score is quite low at 0.267. Some of the best-ranking countries in this category score much better. For instance, Iceland is ranked 1 with a score of 0.874 and Bangladesh is ranked 9 with a score of 0.546.
• The number of women MPs has increased from 5% in the first Lok Sabha to 15% in the 17 th Lok Sabha; but the number continues to be quite low.
• A 2003 study about the effect of reservation for women in panchayats showed that women elected under the reservation policy invest more in the public goods closely linked to women’s concerns.
• The Standing Committee on Personnel, Public Grievances, Law and Justice (2009) had noted that reservation of seats for women in local bodies has enabled them to make meaningful contributions.
• If a group is not represented proportionally in the political system, its ability to influence policy-making is limited. The Convention on the Elimination of All Forms of Discrimination Against Women provides that discrimination against women must be eliminated in political and public life.
• The various surveys do indicate that women representatives from Panchayati Raj have worked commendably in the development and overall well-being of society in villages and many of them would definitely want to work on the larger scale, however, they face various challenges in the political structure prevalent in society.
• A more diverse legislature that includes a significant number of women can bring a broader range of perspectives to the decision-making process. This diversity can lead to better policy formulation and governance.
• Women's reservation in politics empowers women at various levels. It not only encourages more women to participate in politics but also inspires women to take on leadership roles in other sectors.
• Women in politics often prioritize and advocate for issues that directly affect women, such as gender-based violence, women's health, education, and economic empowerment. Their presence can lead to the prioritization of these issues in policy discussions.
• Women leaders in politics can serve as role models for young girls, encouraging them to aspire to leadership positions in various fields. Representation in politics can break stereotypes and inspire future generations.
• Indira Gandhi served as the first and only women Prime Minister of India from 1966 to 1977.
• Sushma Swaraj was the second woman external affairs minister of India after Indira Gandhi.

What are the Arguments Against the Act?

• Women are not a homogeneous community like, say like, a caste group . Therefore, the same arguments made for caste-based reservations cannot be made for women.
• Reserving seats for women is opposed by some who claim that doing so violates the Constitution's guarantee of equality . If there is a reserve, they claim, women won't be competing on merit, which could decrease their status in society.

What More Can be Done to Ensure Effective Representation of Women?

• Establish an independent monitoring system or committees that explicitly prohibits family members from influencing the decision making process of women representatives.
• It can be implemented by reducing the influence of patriarchal mindset.
• Creating awareness among women about their rights and the importance of their participation in politics is essential. Educational programs and awareness campaigns can help to increase women's political participation.
• Gender-based violence and harassment are major obstacles to women's participation in politics. Addressing these issues through policy and legal measures can create a safer and more supportive environment for women in politics.
• Reforms such as introducing proportional representation and preferential voting systems can help to increase women's representation in politics by ensuring that more women get elected.
• These are only a few approaches to increase the number of women in Indian politics. To effect long-lasting change, a multifaceted strategy addressing multiple challenges is required.

UPSC Civil Services Examination Previous Year Questions (PYQs)

Q. With reference to the Delimitation Commission consider the following statements: (2012)

• The orders of the Delimitation Commission cannot be challenged in a Court of Law.
• When the orders of the Delimitation Commission are laid before the Lok Sabha or State Legislative Assembly, they cannot effect any modification in the orders.

Which of the statements given above is/are correct?

(a) 1 only (b) 2 only (c) Both 1 and 2 (d) Neither 1 nor 2