Reservation in India: Difference between revisions

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Government and public sector hiring based on Merit in open category and one more anomaly here i.e., Priority in hiring will be given by: Other Minorities women, ST women, SC women, ST Men, SC Men, OBC women, OBC Men, EWC Women, EWC Men and then General if they are equally eligibility (for example having same marks or Rank).
Government and public sector hiring based on Merit in open category and one more anomaly here i.e., Priority in hiring will be given by: Other Minorities women, ST women, SC women, ST Men, SC Men, OBC women, OBC Men, EWC Women, EWC Men and then General if they are equally eligibility (for example having same marks or Rank).
The landmark initiative of Special Recruitment for Scheduled Caste and Scheduled Tribe in Government jobs was started in Kerala in 1972 by Vella Eacharan.  
The landmark initiative of Special Recruitment for Scheduled Caste and Scheduled Tribe in Government jobs was started in Kerala in 1972 by Vella Eacharan.  
The 1993 Supreme Court ruling in the [[Indra Sawhney & Others v. Union of India]] case said that reservations in job promotions are "unconstitutional" or not in accordance with the political constitution but allowed its continuation for five years.<ref>{{cite web|url=http://indianexpress.com/article/explained/bjps-obc-pitch-how-stronger-new-backward-classes-panel-will-function-4617203/|title=BJP's OBC pitch: How stronger new backward classes panel will function|publisher=The Indian Express}}</ref><ref name="sawhney">{{cite web |url=http://www.indiankanoon.org/doc/1363234/ |title=Indra Sawhney Etc. vs Union of India And Others, Etc. on 16 November, 1992 |publisher=IndianKanoon.org |quote="(4) Reservation being an extreme form of protective measure or affirmative action it should be confined to minority of seats. Even though the Constitution does not lay down any specific bar but the constitutional philosophy being against proportional equality the principle of balancing equality ordains reservation, of any manner, not to exceed 50%.", "Reservation in promotion is constitutionally impermissible as once the advantaged and disadvantaged are made equal and are brought in one class or group then any further benefit extended for promotion on the inequality existing prior to being brought in the group would be treating equals unequally. It would not be eradicating the effects of past discrimination but perpetuating it." |access-date=2012-08-22}}</ref> In 1995, the [[List of amendments of the Constitution of India|77th amendment]] to the Constitution was made to amend [[s:Constitution of India/Part III#Article 16 .7BEquality of opportunity in matters of public employment. 7D|Article 16]] before the five-year period expired to continue with reservations for SC/STs in promotions.<ref>{{cite web |url=http://indiacode.nic.in/coiweb/amend/amend77.htm |title=Seventy Seventh Amendment |publisher=Indiacode.nic.in |access-date=2011-11-19}}</ref> It was further modified through the 85th amendment to give the benefit of ''consequential seniority'' to SC/ST candidates promoted by reservation.<ref>{{cite web |url=http://indiacode.nic.in/coiweb/amend/amend85.htm |title=Eighty Fifth Amendment |date=4 January 2002 |publisher=Indiacode.nic.in |access-date=2011-11-19}}</ref>
The 1993 Supreme Court ruling in the [[Indra Sawhney & Others v. Union of India]] case said that reservations in job promotions are "unconstitutional" or not in accordance with the political constitution but allowed its continuation for five years.<ref name="sawhney">{{cite web |url=http://www.indiankanoon.org/doc/1363234/ |title=Indra Sawhney Etc. vs Union of India And Others, Etc. on 16 November, 1992 |publisher=IndianKanoon.org |quote="(4) Reservation being an extreme form of protective measure or affirmative action it should be confined to minority of seats. Even though the Constitution does not lay down any specific bar but the constitutional philosophy being against proportional equality the principle of balancing equality ordains reservation, of any manner, not to exceed 50%.", "Reservation in promotion is constitutionally impermissible as once the advantaged and disadvantaged are made equal and are brought in one class or group then any further benefit extended for promotion on the inequality existing prior to being brought in the group would be treating equals unequally. It would not be eradicating the effects of past discrimination but perpetuating it." |access-date=2012-08-22}}</ref><ref>{{cite web|url=http://indianexpress.com/article/explained/bjps-obc-pitch-how-stronger-new-backward-classes-panel-will-function-4617203/|title=BJP's OBC pitch: How stronger new backward classes panel will function|publisher=The Indian Express}}</ref> In 1995, the [[List of amendments of the Constitution of India|77th amendment]] to the Constitution was made to amend [[s:Constitution of India/Part III#Article 16 .7BEquality of opportunity in matters of public employment. 7D|Article 16]] before the five-year period expired to continue with reservations for SC/STs in promotions.<ref>{{cite web |url=http://indiacode.nic.in/coiweb/amend/amend77.htm |title=Seventy Seventh Amendment |publisher=Indiacode.nic.in |access-date=2011-11-19}}</ref> It was further modified through the 85th amendment to give the benefit of ''consequential seniority'' to SC/ST candidates promoted by reservation.<ref>{{cite web |url=http://indiacode.nic.in/coiweb/amend/amend85.htm |title=Eighty Fifth Amendment |date=4 January 2002 |publisher=Indiacode.nic.in |access-date=2011-11-19}}</ref>


The 81st amendment was made to the Constitution to permit the government to treat the backlog of reserved vacancies as a separate and distinct group, to which the ceiling of 50 per cent did not apply.<ref>{{cite web |url=http://indiacode.nic.in/coiweb/amend/amend81.htm |title=Eighty First Amendment |date=29 August 1997 |publisher=Indiacode.nic.in |access-date=2011-11-19}}</ref> The 82nd amendment inserted a provision in Article 335 to enable states to give concessions to SC/ST candidates in promotion.<ref>{{cite web |url=http://indiacode.nic.in/coiweb/amend/amend82.htm |title=Eighty Second Amendment |publisher=Indiacode.nic.in |access-date=2011-11-19}}</ref>
The 81st amendment was made to the Constitution to permit the government to treat the backlog of reserved vacancies as a separate and distinct group, to which the ceiling of 50 per cent did not apply.<ref>{{cite web |url=http://indiacode.nic.in/coiweb/amend/amend81.htm |title=Eighty First Amendment |date=29 August 1997 |publisher=Indiacode.nic.in |access-date=2011-11-19}}</ref> The 82nd amendment inserted a provision in Article 335 to enable states to give concessions to SC/ST candidates in promotion.<ref>{{cite web |url=http://indiacode.nic.in/coiweb/amend/amend82.htm |title=Eighty Second Amendment |publisher=Indiacode.nic.in |access-date=2011-11-19}}</ref>
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* In [[Maharashtra]] in addition to the reservation for SC/ST/OBC, there is 2% for SBCs, 3% for Nomadic Tribes – NT-A ([[Denotified Tribes|Vimukta jati]]), 2.5% for NT-B, 3.5% for NT-C ([[Dhangar]]), and 2% for NT-D ([[Vanjari (caste)|Vanjari]]).
* In [[Maharashtra]] in addition to the reservation for SC/ST/OBC, there is 2% for SBCs, 3% for Nomadic Tribes – NT-A ([[Denotified Tribes|Vimukta jati]]), 2.5% for NT-B, 3.5% for NT-C ([[Dhangar]]), and 2% for NT-D ([[Vanjari (caste)|Vanjari]]).
* In Northeast India, e.g. in Arunachal Pradesh, Meghalaya, Nagaland and Mizoram, reservation for ST in State Govt. jobs is 80% with only 20% unreserved. In the Central Universities of [[North-Eastern Hill University|NEHU]] (Shillong) and [[Rajiv Gandhi University]], 60% of seats are reserved for ST students.
* In Northeast India, e.g. in Arunachal Pradesh, Meghalaya, Nagaland and Mizoram, reservation for ST in State Govt. jobs is 80% with only 20% unreserved. In the Central Universities of [[North-Eastern Hill University|NEHU]] (Shillong) and [[Rajiv Gandhi University]], 60% of seats are reserved for ST students.
* In [[West Bengal]], the OBC community is divided into OBC A & B.<ref name="anagrasarkalyan.gov.in">{{cite web|url=http://www.anagrasarkalyan.gov.in|title=Backward Classes Welfare Department, Government of West Bengal|access-date=2015-02-02}}</ref> In West Bengal there is no reservation on religious basis but some economically and educationally backward Muslim castes (basis surnames pertaining to different profession e.g. cobbler, weaver etc.) have been included along with their Hindu counterparts in the OBC list namely OBC A and OBC B, in both lists caste from both communities are there. But in higher educational institutes, till now there is no reservation for the OBC community but there is reservation in regard to admission in primary, secondary and higher secondary studies.<ref name="ReferenceA">{{cite web|url=http://www.anagrasarkalyan.gov.in/htm/reserv-1.html|title=BCW Department-Govt of West Bengal, Reservation|access-date=2015-02-02}}</ref><ref name="anagrasarkalyan.gov.in" />
* In [[West Bengal]], the OBC community is divided into OBC A & B.<ref name="anagrasarkalyan.gov.in">{{cite web|url=http://www.anagrasarkalyan.gov.in|title=Backward Classes Welfare Department, Government of West Bengal|access-date=2015-02-02}}</ref> In West Bengal there is no reservation on religious basis but some economically and educationally backward Muslim castes (basis surnames pertaining to different profession e.g. cobbler, weaver etc.) have been included along with their Hindu counterparts in the OBC list namely OBC A and OBC B, in both lists caste from both communities are there. But in higher educational institutes, till now there is no reservation for the OBC community but there is reservation in regard to admission in primary, secondary and higher secondary studies.<ref name="anagrasarkalyan.gov.in" /><ref name="ReferenceA">{{cite web|url=http://www.anagrasarkalyan.gov.in/htm/reserv-1.html|title=BCW Department-Govt of West Bengal, Reservation|access-date=2015-02-02}}</ref>


==Gender==
==Gender==
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