THE BEGINNING
Hindu society is divided into four varna, or classes, a convention which had its origins in the Rig Veda, the first and most important set of hymns in Hindu scripture which dates back to 1500-1000 B.C. At the top of the hierarchy are the Brahmins, or priests, followed by the Kshatriyas, or warriors. The Vaisyas, the farmers and artisans, constitute the third class. At the bottom are the Shudras, the class responsible for serving the three higher groups. Finally, the Untouchables fall completely outside of this system. It is for this reason that the untouchables have also been termed avarna (“no class”). Jati, or caste, is a second factor specifying rank in the Hindu social hierarchy. Jatis are roughly determined by occupation. Often region-specific, they are more precise than the sweeping varna system which is common across India and can be divided further into subcastes and sub-subcastes. This is also the case among untouchables. Jatis in the three highest varnas in the hierarchy—Brahmins, Kshatriyas, and Vaisyas—are considered “twice-born” according to Hindu scripture, meaning they are allowed to participate in Hindu ceremonies and are considered more “pure” than the Sudras and “polluting” untouchables. This concept of pollution versus purity governs the interaction between members of different castes. The touch of an untouchable is considered defiling to an upper-caste Hindu. In southern India, where caste prejudice has been historically most severe, even the sight of an untouchable was considered polluting. Untouchables usually handled “impure” tasks such as work involving human waste and dead animals. As a result, until reforms began in the 19th century, untouchables were barred from entering temples, drawing water from upper-caste wells, and all social interaction with upper-caste Hindus (including dining in the same room). These social rules were strictly imposed and violators were severely punished; some were even killed. Despite constitutional prohibitions and laws, most recently the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act of 1989, violence and injustices against untouchables continue today, particularly in rural areas of India.
THE MAKING OF THE CONSTITUTION
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 Labour 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. 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. Minority and Scheduled Caste delegates did have some influence during the Assembly proceedings, with several holding significant positions. Dr. H.C. Mookherjee, 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.
PROVISIONS IN THE CONSTITUTION
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 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.
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 Lok Sabha and state legislatures to end after ten years. After five amendments, the policy was set to expire on January 25, 2010, but now has been extended again. 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 Tribes was created to investigate, monitor, advice, and evaluate the progress of the 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.
IMPACT OF RESERVATION ON JOBS
Here, I will focus on only one group the SCs to analyze the effect of reservation on the development of this community.
Government employment in India is widely considered prestigious and a guarantor of security and advancement. Government jobs still account for the majority of jobs in the economy’s organized sector. Nearly 61% of our workforce is employed in the public and quasi-public sector (organized sector). 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.
As a result, reservations in the coveted area of government services take on increased salience.
Public sector jobs are divided into four levels, distinguished by income and selectivity: Class I (or Group A), Class II (or Group B), Class III (or Group C) and Class IV (or Group D).
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.
Table 1. Percentage of SC Employees in Central Government Services
| Class | 1959 | 1965 | 1974 | 1984 | 1995 |
| I | 1.18 | 1.64 | 3.2 | 6.92 | 10.12 |
| II | 2.38 | 2.82 | 4.6 | 10.36 | 12.67 |
| III | 6.95 | 8.88 | 10.3 | 13.98 | 16.15 |
| IV | 17.24 | 17.75 | 18.6 | 20.2 | 21.26 |
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, after over 50 years, still falls 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. 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; up gradation of posts due to cadre restructuring (total or partial); and ad hoc appointments arising out of stop gap arrangements. As far as scientific and technical posts are concerned, reservations do not apply to positions above the lowest grade in Group I services.But there are major flaws. Reservations apply to the public sector but not the private sector, the probable growth area of the Indian economy. Then there are tens of millions of Dalits living in rural areas and not part of the “organized” economy. 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.
RESERVATION IN EDUCATION
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.89
Created in 1956 by an Act of Parliament, the University Grants Commission (UGC) 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. The UGC 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.
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 2). 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 be noted that the percentage of SCs in courses of higher education has nearly doubled since 1978.
Table 2. SC Enrolment in Undergraduate, Post-graduate, Technical and Professional Courses
| Year | Total Enrolment | SC Enrolment | % SC Enrolment |
| 1978-1979 | 2,543,449 | 180,058 | 7.08% |
| 1995-1996 | 7,955,811 | 1,058,514 | 13.30% |
IMPACT ON DEVELOPMENT
Despite the programs designed to extend economic aid to SCs, corruption and inefficiency have hindered their economic progress. Poverty statistics reflect this:
Table 3. Percentage of SC and Total Population Below the Poverty Line
| Year | SC | Total |
| 1977-78 | 56.3 | 48.3 |
| 1983-84 | 50.1 | 37.4 |
| 1987-88 | 41.5 | 29.9 |
Source: National Commission for Scheduled Castes and Scheduled Tribes. Fourth Report, 1996-97 & 1997-98.
Table 3 indicates that even though a lower proportion of SCs are below the poverty line than in the 1970s, compared to the all-India estimates the SCs remain behind in the climb out of poverty. With poverty widespread among the SC population, many SCs are still not able to take advantage of preferential policies. A large proportion live in rural areas far removed from many of the opportunities for job and educational reservations. According to the 1991 census, the ratio of rural to urban population was 81:19 for SCs, while that for all of India was 74:26 (72:28 in the 2001 census). Over half of SCs are employed in the agricultural sector, primarily as landless agricultural laborers. Thus, benefits such as reserved seats in institutions of higher education are of little consequence when many SCs do not make it past the primary level of school.
In contrast, as noted by various commissioners for SC/STs, the “forward” among the SCs, who are better off economically and have political connections, are securing a disproportionate share of reservations benefits.
It is apparent that many of the SCs who made use of reservations, such as to obtain seats in legislatures, had such advantages as educational opportunities, better economic positions and political links. Mendelsohn, who conducted interviews with SC members of Parliament in the 1980s, found that “self-made” politicians, those who did not depend on earlier generations to break from the economic condition (typically landless laborers) of the SC community, were the exception to the rule. The majority of SC politicians interviewed had also received higher education.123 The analysis in this study of the backgrounds of members of the current Lok Sabha also reflects a high level of education. Prominent SC politicians like Ambedkar, a Mahar from Maharashtra, came from comparatively more prosperous SC families. Ambedkar’s father and grandfather were in the military, often a way of getting access to education and more stable pay. Jagjivan Ram, who became active in the Congress party in the early 1930s, was a Chamar from Bihar whose father was employed by the Indian army. Ram’s family’s comfortable economic situation facilitated his attending university in Calcutta.
Table 6. Educational Attainment of SC MPs in the Thirteenth Lok Sabha
| Level of education | All SC MPs | %age | Male SC MPs | %age | Female SC MPs | %age |
| Doctorate | 6 | 7.41 | 5 | 6.94 | 1 | 11.1 |
| Post graduate | 24 | 29.63 | 18 | 25 | 6 | 6.67 |
| Graduate | 14 | 17.28 | 13 | 18.06 | 1 | 11.11 |
| Undergraduate | 21 | 25.93 | 20 | 27.78 | 1 | 11.11 |
| Matriculate | 5 | 6.17 | 5 | 6.94 | 0 | 0 |
CONCLUSION
REFERENCES:
1.)Reservation Policy in India- Dimensions And Issues- Sukhdeo Thorat and Chittaranjan Senapati- Indian Institute of Dalit Studies- Working Paper Series- Volume-2.
2.)Reservation in India- A Paper
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