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{{Use dmy dates|date=September 2016}} | {{Use dmy dates|date=September 2016}} | ||
'''Reservation''' is a system | '''Reservation''' is a system in India that provides scholarship, concession in fees, 49.5 % seats in educational institutions, jobs, and relaxation in qualifying exams, relaxation in age to certain castes. This system continues almost 70 years of independence. The motive of reservation was representation in education, employment and politics. Based on provisions in the Indian [[Constitution of India|Constitution]], it allows the [[Government of India|Union Government]] and also the [[States and Territories of India]] to set ''reserved quotas or seats'', which lower the qualifications needed in exams, job openings etc. for "socially and educationally backward citizens."<ref>{{Cite web|title=Reservation Is About Adequate Representation, Not Poverty Eradication|url=https://thewire.in/law/supreme-court-bench-reservation|access-date=2020-12-19|website=The Wire}}</ref><ref>{{Cite news|last=Rajagopal|first=Krishnadas|date=2020-06-11|title=Right to reservation is not a fundamental right, observes SC judge as parties withdraw plea for quota|language=en-IN|work=The Hindu|url=https://www.thehindu.com/news/national/tamil-nadu/right-to-reservation-is-not-fundamental-right-observes-judge-as-tn-parties-withdraw-plea-for-obc-quota-in-medical-courses/article31807732.ece|access-date=2020-12-19|issn=0971-751X}}</ref> | ||
== Terms == | == Terms == | ||
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Reservation is primarily given to all 3 groups: [[Scheduled Castes and Scheduled Tribes|Scheduled Castes, Scheduled Tribes]], [[Other Backward Class]]es abbreviated as SC, ST, OBC respectively. Originally reservation was only given to SCs and STs but was later extended to OBCs in 1987 after the implementation of the [[Mandal Commission]] report. | Reservation is primarily given to all 3 groups: [[Scheduled Castes and Scheduled Tribes|Scheduled Castes, Scheduled Tribes]], [[Other Backward Class]]es abbreviated as SC, ST, OBC respectively. Originally reservation was only given to SCs and STs but was later extended to OBCs in 1987 after the implementation of the [[Mandal Commission]] report. | ||
* The first are the [[Scheduled Castes and Scheduled Tribes|Scheduled Castes]]. These communities were variously seen as at the bottom or "underneath" the [[Caste system in India|caste system]] in South Asia, below even the '' | * The first are the [[Scheduled Castes and Scheduled Tribes|Scheduled Castes]]. These communities were variously seen as at the bottom or "underneath" the [[Caste system in India|caste system]] in South Asia, below even the ''[[shudra]]'' varna. These castes had hereditary professions such as agricultural labourers, manual scavenging, tannery, washing clothes, daily wage workers, fishing and more. They were subjected to the practice of [[untouchability]], which takes the form of various social restrictions ranging from inability to touch other castes to inability to use the same water source or even live in the same area. Today many of these castes are landless labourers. | ||
* The next group are the [[Scheduled Castes and Scheduled Tribes|Scheduled Tribes]]. The definition of this group varies, but the criteria for a Scheduled Tribe "indications of primitive traits, distinctive culture, geographical isolation, shyness of contact with the community at large, and backwardness." Most of these groups are considered [[Adivasi]]s, and the original inhabitants while others are nomadic tribes who were notified as "criminal tribes" under British rule. They range in modes of existence from subsistence agriculturalists who have had interaction between the outside world to hunter-gatherer groups still in the jungles. Many of them frequently had their lands [[Exploitation of labour|exploited]] by the British during the [[Colonial India|colonial era]]. However, in the Northeast, many of the tribes are relatively better-off and possess interaction with the outside world. Examples include the [[Boro people|Bodo]], [[Gondi people|Gond]], [[Banjara]], and [[Santal people|Santal]]. | * The next group are the [[Scheduled Castes and Scheduled Tribes|Scheduled Tribes]]. The definition of this group varies, but the criteria for a Scheduled Tribe "indications of primitive traits, distinctive culture, geographical isolation, shyness of contact with the community at large, and backwardness." Most of these groups are considered [[Adivasi]]s, and the original inhabitants while others are nomadic tribes who were notified as "criminal tribes" under British rule. They range in modes of existence from subsistence agriculturalists who have had interaction between the outside world to hunter-gatherer groups still in the jungles. Many of them frequently had their lands [[Exploitation of labour|exploited]] by the British during the [[Colonial India|colonial era]]. However, in the Northeast, many of the tribes are relatively better-off and possess interaction with the outside world. Examples include the [[Boro people|Bodo]], [[Gondi people|Gond]], [[Banjara]], and [[Santal people|Santal]]. | ||
* The third main group are the [[Other Backward Class]]es. They were not originally in the reservation scheme, but during the premiership of Morarji Desai, the Mandal Commission studied all the communities in India to find what castes were "backward" compared to the general population. Based on 1931 census data, they estimated 52% of India's population belonged to castes that were "backward" due to various socio-economic factors like wealth or traditional occupation. The possibility for providing reservation to these people was allowed for in Article 15(4) and Article 16(4), which states the government can provide reservation to "backward classes." Although the center maintains its own list of OBC's, comprising over 5,000 castes and subcastes, each state can create their own backward caste list for in-state reservations. Most OBCs were classified originally in the ''[[shudra]]'' varna and have low ritual status, apart from being economically deprived. However, there are other castes in the OBC list who, although ritually low, are considered "dominant castes" for numerical strength and in many cases are the enforcers of the caste hierarchy, including some Brahmin groups. | |||
In some states like Bihar or Tamil Nadu, there is a divide between backward castes, who face some socio-economic disadvantage and most backward or extremely backward castes, who face a high amount of social discrimination barely above Dalits in their status. In fact, unlike Scheduled Castes, OBCs do not have to be Hindu and many states give benefits to some Muslim and Christian communities. This list is most subject to change since the criteria | * The third main group are the [[Other Backward Class]]es. They were not originally in the reservation scheme, but during the [[Premiership of Morarji Desai|premiership of Morarji Desai]], the [[Mandal Commission]] studied all the communities in India to find what castes were "backward" compared to the general population. Based on [[Census of India prior to independence|1931 census data]], they estimated 52% of India's population belonged to castes that were "backward" due to various socio-economic factors like wealth or traditional occupation. The possibility for providing reservation to these people was allowed for in Article 15(4) and Article 16(4), which states the government can provide reservation to "backward classes." Although the center maintains its own list of OBC's, comprising over 5,000 castes and subcastes, each state can create their own backward caste list for in-state reservations. Most OBCs were classified originally in the ''[[shudra]]'' varna and have low ritual status, apart from being economically deprived. However, there are other castes in the OBC list who, although ritually low, are considered "dominant castes" for numerical strength and in many cases are the enforcers of the caste hierarchy, including some Brahmin groups. | ||
In some states like Bihar or Tamil Nadu, there is a divide between backward castes, who face some socio-economic disadvantage and most backward or extremely backward castes, who face a high amount of social discrimination barely above Dalits in their status. In fact, unlike Scheduled Castes, OBCs do not have to be Hindu and many states give benefits to some Muslim and Christian communities. This list is most subject to change since the criteria are not as stringent, making it a list often added by politicians to please certain sections of their voters. | |||
Those who are not a member of these groups are commonly known as General category, sometimes called the Other category (Other Caste). General Category contains mostly high castes who cannot avail reservations: most communities in the [[Brahmin]], [[Kshatriya]] and [[Vaishya]] varnas. However, there are also some communities classified as shudra varna, as well as most Muslim and Christian communities, who are part of this category. Communities belonging to this category often had hereditary professions such as [[pujari]], [[zamindar]], kings, doctors, and soldiers, and often owned agricultural land. | Those who are not a member of these groups are commonly known as General category, sometimes called the Other category (Other Caste). General Category contains mostly high castes who cannot avail reservations: most communities in the [[Brahmin]], [[Kshatriya]] and [[Vaishya]] varnas. However, there are also some communities classified as shudra varna, as well as most Muslim and Christian communities, who are part of this category. Communities belonging to this category often had hereditary professions such as [[pujari]], [[zamindar]], kings, doctors, and soldiers, and often owned agricultural land. | ||
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===Before independence=== | ===Before independence=== | ||
Quota systems favouring certain castes and other communities existed before [[Independence of India|independence]] in several areas of [[British India]]. Demands for various forms of positive discrimination had been made, for example, in 1882 and 1891.<ref name="ILI Law Review">{{cite web|url=http://www.ili.ac.in/pdf/article_2.pdf|title=Rethinking Reservation in Higher | Quota systems favouring certain castes and other communities existed before [[Independence of India|independence]] in several areas of [[British India]]. Demands for various forms of positive discrimination had been made, for example, in 1882 and 1891.<ref name="ILI Law Review">{{cite web|url=http://www.ili.ac.in/pdf/article_2.pdf|title=Rethinking Reservation in Higher EDUCATION in India|last=Laskar|first=Mehbubul Hassan|publisher=ILI Law Review|archive-url=https://web.archive.org/web/20120425081633/http://www.ili.ac.in/pdf/article_2.pdf|archive-date=25 April 2012 |pages=29–30}}</ref> [[Shahu of Kolhapur|Rajarshi Shahu]], the Maharaja of the [[princely state]] of [[Kolhapur State|Kolhapur]], introduced reservation in favor of non-[[Brahmin]] and backward classes, much of which came into force in 1902. He provided free education to everyone and opened several hostels to make it easier for them to receive it. He also tried to ensure that people thus educated were suitably employed, and he appealed both for a class-free India and the abolition of [[untouchability]]. His 1902 measures created 50 percent reservation for backward communities.<ref>{{Cite web|last=Ghadyalpatil|first=Abhiram|date=2018-08-10|title=Rajarshi Shahu Chhatrapati of Kolhapur, a reformer ahead of his time|url=https://www.livemint.com/Leisure/PLkr7jdpCeZepho8RMVJbN/Rajarshi-Shahu-Chhatrapati-of-Kolhapur-a-reformer-ahead-of.html|access-date=2021-10-02|website=mint|language=en}}</ref> In 1918, at the behest of several non-Brahmin organizations criticizing Brahmin domination of administration, the Mysore Raja [[Krishna Raja Wadiyar IV|Nalvadi Krishnaraja Wadiyar]] created a committee to implement reservations for non-Brahmins in government jobs and education over the opposition of his Diwan [[M. Visvesvaraya|M. Viswesvaraya]], who resigned in protest.<ref>{{Cite web|title=Reserved uncertainty or deserved certainty? Reservation debate back in Mysuru|url=https://www.newindianexpress.com/states/karnataka/2020/feb/17/reserved-uncertainty-or-deserved-certainty-reservation-debate-back-in-mysuru-2104413.html|access-date=2021-11-21|website=The New Indian Express}}</ref> On 16 September 1921, the first [[Justice Party (India)|Justice Party]] government passed the first Communal Government Order (G. O. # 613), thereby becoming the first elected body in the Indian legislative history to legislate reservations, which have since become standard across the country. | ||
On 16 September 1921, the first [[Justice Party (India)|Justice Party]] government passed the first Communal Government Order (G. O. # 613), thereby becoming the first elected body in the Indian legislative history to legislate reservations, which have since become standard across the country. | |||
The [[British Raj]] introduced elements of reservation in the [[Indian Councils Act 1909|Government of India Act of 1909]] and there were many other measures put in place prior to independence.<ref name="ILI Law Review" /> A significant one emerged from the [[Round Table Conferences (India)|Round Table Conference of June 1932]], when the Prime Minister of Britain, [[Ramsay MacDonald]], proposed the [[Communal Award]], according to which separate representation was to be provided for [[Muslims]], [[Sikhs]], [[Indian Christians]], [[Anglo-Indians]], and [[Europeans]]. The depressed classes, roughly corresponding to the STs and SCs, were assigned a number of seats to be filled by election from constituencies in which only they could vote, although they could also vote in other seats. The proposal was controversial: [[Mahatma Gandhi]] fasted in protest against it but many among the depressed classes, including [[B. R. Ambedkar]], favored it. After negotiations, Gandhi reached an agreement with Ambedkar to have a single Hindu electorate, with [[Dalits]] having seats reserved within it. Electorates for other religions, such as Islam and Sikhism, remained separate. This became known as the [[Poona Pact]].<ref>{{cite book |title=Transfer of Power in India |first=V. P. |last=Menon |edition=Reprinted |publisher=Orient Blackswan |year=1957 |isbn=978-81-250-0884-2 |pages=49–50 |url=https://books.google.com/books?id=hxdwpfLfEeoC&pg=PA49}}</ref> | The [[British Raj]] introduced elements of reservation in the [[Indian Councils Act 1909|Government of India Act of 1909]] and there were many other measures put in place prior to independence.<ref name="ILI Law Review" /> A significant one emerged from the [[Round Table Conferences (India)|Round Table Conference of June 1932]], when the Prime Minister of Britain, [[Ramsay MacDonald]], proposed the [[Communal Award]], according to which separate representation was to be provided for [[Muslims]], [[Sikhs]], [[Indian Christians]], [[Anglo-Indians]], and [[Europeans]]. The depressed classes, roughly corresponding to the STs and SCs, were assigned a number of seats to be filled by election from constituencies in which only they could vote, although they could also vote in other seats. The proposal was controversial: [[Mahatma Gandhi]] fasted in protest against it but many among the depressed classes, including [[B. R. Ambedkar]], favored it. After negotiations, Gandhi reached an agreement with Ambedkar to have a single Hindu electorate, with [[Dalits]] having seats reserved within it. Electorates for other religions, such as Islam and Sikhism, remained separate. This became known as the [[Poona Pact]].<ref>{{cite book |title=Transfer of Power in India |first=V. P. |last=Menon |edition=Reprinted |publisher=Orient Blackswan |year=1957 |isbn=978-81-250-0884-2 |pages=49–50 |url=https://books.google.com/books?id=hxdwpfLfEeoC&pg=PA49}}</ref> | ||
===After independence=== | ===After independence=== | ||
After the independence of India in 1947 there were some major initiatives in favor of the STs, SCs and after the 1980s in favour of OBCs.(Other Backward Castes) and in 2019 for poor in the general category . The country's affirmative action program was launched in 1950 and is the oldest such programme in the world.<ref>{{cite web|title=Human Development Report 2016|url=http://hdr.undp.org/sites/default/files/2016_human_development_report.pdf|website=UNDP|access-date=21 March 2017|page=119}}</ref> | After the independence of India in 1947 there were some major initiatives in favor of the STs, SCs and after the 1980s in favour of OBCs.(Other Backward Castes) and in 2019 for poor in the general category. The country's affirmative action program was launched in 1950 and is the oldest such programme in the world.<ref>{{cite web|title=Human Development Report 2016|url=http://hdr.undp.org/sites/default/files/2016_human_development_report.pdf|website=UNDP|access-date=21 March 2017|page=119}}</ref> | ||
A common form of caste discrimination in India was the practice of untouchability. SCs were the primary targets of the practice, which was outlawed by the new Constitution of India.<ref>{{cite journal |title=Untouchability in the Far East |jstor=2382914 |first=Herbert |last=Passin |journal=Monumenta Nipponica |volume=11 |issue=3 |date=October 1955 |pages=247–267|doi=10.2307/2382914 }}</ref> | A common form of caste discrimination in India was the practice of untouchability. SCs were the primary targets of the practice, which was outlawed by the new Constitution of India.<ref>{{cite journal |title=Untouchability in the Far East |jstor=2382914 |first=Herbert |last=Passin |journal=Monumenta Nipponica |volume=11 |issue=3 |date=October 1955 |pages=247–267|doi=10.2307/2382914 }}</ref> | ||
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A significant change began in 1979 when the [[Mandal Commission]] or the Socially and Educationally Backward Classes (SEBC) Commission was established to assess the situation of the socially and educationally backward classes.<ref name="Bhattacharya">{{Cite news|url=http://www.theotherindia.org/caste/who-are-the-obcs.html|title=Who are the OBCs?|access-date=2006-04-19 |archive-url=https://web.archive.org/web/20060627065912/http://www.theotherindia.org/caste/who-are-the-obcs.html |archive-date=27 June 2006 |last=Bhattacharya |first=Amit |work=The Times of India |date=8 April 2006}}</ref> The commission did not have exact population figures for the OBCs and so used data from the [[Census of India prior to independence|1931 census]], thus estimating the group's population at 52 per cent.<ref name=Ramaiah>{{Cite web |last=Ramaiah |first=A. |date=6 June 1992 |url=http://www.tiss.edu/downloads/ppapers/pp1.pdf |title=Identifying Other Backward Classes |pages=1203–1207 |publisher=Economic and Political Weekly |access-date=2006-05-27 |archive-url=https://web.archive.org/web/20051230030051/http://www.tiss.edu/downloads/ppapers/pp1.pdf |archive-date=30 December 2005}}</ref> In 1980 the commission's report recommended that a reserved quota for OBCs of 27 per cent should apply in respect of services and public sector bodies operated by the Union Government. It called for a similar change to admissions to institutes of higher education, except where states already had more generous requirements.<ref name="Bhattacharya" /> It was not until the 1990s that the recommendations were implemented in Union Government jobs.<ref>{{cite web |title=Implementation of Recommendations of Mandal Commission |url=http://parliamentofindia.nic.in/lsdeb/ls10/ses4/0507089201.htm |publisher=Parliament of India |access-date=2011-11-04}}</ref> In 2019 the government announces the 10% reservation in educational institutions and government jobs for economically weaker section of the general category. | A significant change began in 1979 when the [[Mandal Commission]] or the Socially and Educationally Backward Classes (SEBC) Commission was established to assess the situation of the socially and educationally backward classes.<ref name="Bhattacharya">{{Cite news|url=http://www.theotherindia.org/caste/who-are-the-obcs.html|title=Who are the OBCs?|access-date=2006-04-19 |archive-url=https://web.archive.org/web/20060627065912/http://www.theotherindia.org/caste/who-are-the-obcs.html |archive-date=27 June 2006 |last=Bhattacharya |first=Amit |work=The Times of India |date=8 April 2006}}</ref> The commission did not have exact population figures for the OBCs and so used data from the [[Census of India prior to independence|1931 census]], thus estimating the group's population at 52 per cent.<ref name=Ramaiah>{{Cite web |last=Ramaiah |first=A. |date=6 June 1992 |url=http://www.tiss.edu/downloads/ppapers/pp1.pdf |title=Identifying Other Backward Classes |pages=1203–1207 |publisher=Economic and Political Weekly |access-date=2006-05-27 |archive-url=https://web.archive.org/web/20051230030051/http://www.tiss.edu/downloads/ppapers/pp1.pdf |archive-date=30 December 2005}}</ref> In 1980 the commission's report recommended that a reserved quota for OBCs of 27 per cent should apply in respect of services and public sector bodies operated by the Union Government. It called for a similar change to admissions to institutes of higher education, except where states already had more generous requirements.<ref name="Bhattacharya" /> It was not until the 1990s that the recommendations were implemented in Union Government jobs.<ref>{{cite web |title=Implementation of Recommendations of Mandal Commission |url=http://parliamentofindia.nic.in/lsdeb/ls10/ses4/0507089201.htm |publisher=Parliament of India |access-date=2011-11-04}}</ref> In 2019 the government announces the 10% reservation in educational institutions and government jobs for economically weaker section of the general category. | ||
The Constitution of India states in article | The Constitution of India states in article 16(4): "Nothing in [article 16] or in clause (2) of article 29 shall prevent the State from making any special provision for the advancement of any socially, and educationally backward classes of citizens of or for the Scheduled Castes and the Scheduled Tribes."<ref>{{cite constitution |article=15|section=4 |country=India |language=en |ratified=1950 }}</ref> Article 46 of the Constitution states that "The State shall promote with special care the educational and economic interests of the weaker sections of the people, and, in particular, of the Scheduled Castes and the Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation."<ref>{{cite constitution |article=46 |section=0 |country=India |language=en |ratified=1950 |url=http://lawmin.nic.in/olwing/coi/coi-english/Const.Pock%202Pg.Rom8Fsss(7).pdf|access-date=2013-09-08 }}</ref> | ||
The [[Supreme Court of India]] ruled in 1992 that reservations could not exceed 50 percent, anything above which it judged would violate equal access as guaranteed by the Constitution. It thus put a cap on reservations.<ref name="sawhney" /> However, the recent amendment of the constitution exceeds 50% and also there are state laws that exceed this 50 percent limit and these are under litigation in the Supreme Court. For example, in the State of [[Tamil Nadu]], the caste-based reservation stands at 69 percent and applies to about 87 percent of the population. | The [[Supreme Court of India]] ruled in 1992 that reservations could not exceed 50 percent, anything above which it judged would violate equal access as guaranteed by the Constitution. It thus put a cap on reservations.<ref name="sawhney" /> However, the recent amendment of the constitution exceeds 50% and also there are state laws that exceed this 50 percent limit and these are under litigation in the Supreme Court. For example, in the State of [[Tamil Nadu]], the caste-based reservation stands at 69 percent and applies to about 87 percent of the population. | ||
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===In employment=== | ===In employment=== | ||
Government and public sector will hire job seekers based on reservation percentage from two different categories | Government and public sector will hire job seekers based on reservation percentage from two different categories 1: reservation category (SC, ST, OBC, EWC and other minorities) 2:Open category (General, SC, ST, OBC, EWC and other minorities). | ||
While hiring, major priority is given to reservation category including 33% reservation for Women, priority in hiring is given by Other Minorities women, ST women, SC women, ST Men, SC Men, OBC women, OBC Men, EWC Women, EWC Men and then after Open category Will be considered. | |||
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 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 | 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 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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!ST | !ST | ||
!OBC | !OBC | ||
!EWS and <br/>Other reserved | !EWS and <br />Other reserved | ||
!Total | !Total | ||
|- | |- | ||
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|60 | |60 | ||
|- | |- | ||
![[Andaman and Nicobar | ![[Andaman and Nicobar Islands]] | ||
| | | | ||
|12 | |||
|38 | |38 | ||
| | | | ||
| | |50 | ||
|- | |- | ||
![[Arunachal Pradesh]] | ![[Arunachal Pradesh]] | ||
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|15 | |15 | ||
|27 | |27 | ||
| | |10 | ||
| | |59 | ||
|- | |- | ||
![[Bihar]] | ![[Bihar]] | ||
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|13 | |13 | ||
|32 | |32 | ||
| | |14 | ||
|10 | |10 | ||
| | |69 | ||
|- | |- | ||
![[Dadra and Nagar Haveli and Daman and Diu | ![[Dadra and Nagar Haveli and Daman and Diu]] | ||
|3 | |3 | ||
|9 | |9 | ||
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|7 | |7 | ||
|27 | |27 | ||
| | |10 | ||
| | |60 | ||
|- | |- | ||
![[Goa]] | ![[Goa]] | ||
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|23 | |23 | ||
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![[Lakshadweep]] | ![[Lakshadweep]] | ||
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![[Maharashtra]] | ![[Maharashtra]] | ||
|13 | |13 | ||
|7 | |7 | ||
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![[Puducherry (union territory)|Puducherry]] | ![[Puducherry (union territory)|Puducherry]] | ||
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![[Tamil Nadu]] | ![[Tamil Nadu]] | ||
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![[Telangana]]<ref>https://www.tspsc.gov.in/FAQ.jsp</ref> | ![[Telangana]]<ref>https://www.tspsc.gov.in/FAQ.jsp</</ref> | ||
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![[Uttar Pradesh]] | ![[Uttar Pradesh]] | ||
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![[Uttarakhand]] | ![[Uttarakhand]] | ||
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![[West Bengal]] | ![[West Bengal]] | ||
|22 | |22 | ||
|6 | |6 | ||
| | |17 | ||
| | |10 | ||
| | |55 | ||
|} | |} | ||
The exact percentages vary from state to state: | The exact percentages vary from state to state: | ||
* In [[Tamil Nadu]], OBC reservation is divided into 26.5% Backward Caste, 3.5 Backward Caste (M) and 20% Most Backward Caste and 10.5% sub quota for vanniyars, introduced by AIADMK in 2020,7% for DNT . SC quota has 3% sub-quota for [[Arunthathiyar|Arunthatiyars]], introduced by DMK in 2009.<ref>{{cite web|url=http://pib.nic.in/newsite/PrintRelease.aspx?relid=108754|title=Status of Reservation of OBC in Various States|website=pib.nic.in|access-date=24 February 2019}}</ref> | * In [[Tamil Nadu]], OBC reservation is divided into 26.5% Backward Caste, 3.5 Backward Caste (M) and 20% Most Backward Caste and 10.5% sub quota for vanniyars, introduced by AIADMK in 2020,7% for DNT . The 7.5% for Vanniyars was quashed void by Madras High Court. The SC quota has 3% sub-quota for [[Arunthathiyar|Arunthatiyars]], introduced by DMK in 2009.<ref>{{cite web|url=http://pib.nic.in/newsite/PrintRelease.aspx?relid=108754|title=Status of Reservation of OBC in Various States|website=pib.nic.in|access-date=24 February 2019}}</ref> | ||
* 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. | * 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" /> | ||
==Gender== | ==Gender== | ||
The [[Women's Reservation Bill]] was passed by the [[Rajya Sabha]] on 9 March 2010 by a majority vote of 186 members in favor and 1 against. As of March 2013, the [[Lok Sabha]] has not voted on the bill. Critics say gender cannot be held as a basis for reservation alone other factors should also be considered e.g. economic, social conditions of woman candidates especially when applying reservation for educated women. The criticism points that the policy benefits women that have access to political capital through family circles and are faced with the burden of a huge learning curve. Again, women are divided among caste and class lines with this dichotomy playing an important role in deciding how the presence of women in the lowest tier of governance impact the problems faced by the women of the constituency<ref>{{Cite journal|last=M S|first=Navaneeth|title=Reservations for Women in Kerala's Local Self-government Institutions: A Mere Tokenism?|url=https://www.researchgate.net | The [[Women's Reservation Bill]] was passed by the [[Rajya Sabha]] on 9 March 2010 by a majority vote of 186 members in favor and 1 against. As of March 2013, the [[Lok Sabha]] has not voted on the bill. Critics say gender cannot be held as a basis for reservation alone other factors should also be considered e.g. economic, social conditions of woman candidates especially when applying reservation for educated women. The criticism points that the policy benefits women that have access to political capital through family circles and are faced with the burden of a huge learning curve. Again, women are divided among caste and class lines with this dichotomy playing an important role in deciding how the presence of women in the lowest tier of governance impact the problems faced by the women of the constituency<ref>{{Cite journal|last=M S|first=Navaneeth|title=Reservations for Women in Kerala's Local Self-government Institutions: A Mere Tokenism?|url=https://www.researchgate.net/publication/344275338|journal=International Journal of Law Management and Humanities|volume=3|pages=4}}</ref> | ||
In Gujarat and Andhra Pradesh, 32% of posts are reserved for females in all government departments and services, such as police, health, education and general administration.<ref name="Deccan Herald 2014">{{cite web | title=33% reservation for women in all Gujarat state government jobs | website=Deccan Herald | date=13 October 2014 | url=http://www.deccanherald.com/content/435789/33-reservation-women-all-gujarat.html | access-date=2015-09-03}}</ref><ref name="dnax2014">{{cite web | title=Gujarat increases women's reservation to 33% in government jobs | website=dna | date=14 October 2014 | url=http://www.dnaindia.com/india/report-gujarat-increases-women-s-reservation-to-33-in-government-jobs-2025919 | access-date=2015-09-03}}</ref><ref>{{cite book|last=Arora|first=N.D.|title=Political Science for Civil Services Main Examination|year=2010|publisher=Tata McGraw-Hill Education|page=19|url=https://books.google.com/books?id=z8Flb0gZ3ZkC&pg=SA5-PA19|isbn=9780070090941}}</ref> From 2015 onwards Kerala has implemented a 55% reservation for all posts of its local self governing bodies.<ref>{{Cite web|title=Local body polls: Women fight on two fronts as parties reluctant to give out general seats|url=https://www.onmanorama.com/kerala/top-news/2020/11/22/kerala-local-body-polls-parties-refuse-to-field-women-in-general-seats.html|access-date=2020-12-30|website=OnManorama}}</ref> | In Gujarat and Andhra Pradesh, 32% of posts are reserved for females in all government departments and services, such as police, health, education and general administration.<ref name="Deccan Herald 2014">{{cite web | title=33% reservation for women in all Gujarat state government jobs | website=Deccan Herald | date=13 October 2014 | url=http://www.deccanherald.com/content/435789/33-reservation-women-all-gujarat.html | access-date=2015-09-03}}</ref><ref name="dnax2014">{{cite web | title=Gujarat increases women's reservation to 33% in government jobs | website=dna | date=14 October 2014 | url=http://www.dnaindia.com/india/report-gujarat-increases-women-s-reservation-to-33-in-government-jobs-2025919 | access-date=2015-09-03}}</ref><ref>{{cite book|last=Arora|first=N.D.|title=Political Science for Civil Services Main Examination|year=2010|publisher=Tata McGraw-Hill Education|page=19|url=https://books.google.com/books?id=z8Flb0gZ3ZkC&pg=SA5-PA19|isbn=9780070090941}}</ref> From 2015 onwards Kerala has implemented a 55% reservation for all posts of its local self governing bodies.<ref>{{Cite web|title=Local body polls: Women fight on two fronts as parties reluctant to give out general seats|url=https://www.onmanorama.com/kerala/top-news/2020/11/22/kerala-local-body-polls-parties-refuse-to-field-women-in-general-seats.html|access-date=2020-12-30|website=OnManorama}}</ref> | ||
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==Religion== | ==Religion== | ||
The [[Tamil Nadu]] government has allotted 3.5% of seats each to Muslims and Christians, thereby altering the OBC reservation to 23% from 30% (since it excludes persons belonging to Other Backward Castes who are either Muslims or Christians).<ref name=Viswanathan>{{Cite news|last=Viswanathan |first=S. |title=A step forward |newspaper=Frontline |volume=24 |issue=22 |date=16 November 2007 |url=http://www.hinduonnet.com/thehindu/fline/fl2422/stories/20071116502203400.htm |url-status= | The [[Tamil Nadu]] government has allotted 3.5% of seats each to Muslims and Christians, thereby altering the OBC reservation to 23% from 30% (since it excludes persons belonging to Other Backward Castes who are either Muslims or Christians).<ref name=Viswanathan>{{Cite news|last=Viswanathan |first=S. |title=A step forward |newspaper=Frontline |volume=24 |issue=22 |date=16 November 2007 |url=http://www.hinduonnet.com/thehindu/fline/fl2422/stories/20071116502203400.htm |url-status=usurped |archive-url=https://web.archive.org/web/20101120195956/http://www.hinduonnet.com/thehindu/fline/fl2422/stories/20071116502203400.htm |archive-date=20 November 2010 }}</ref> | ||
The Government of Andhra Pradesh introduced a law enabling 4 percent reservations for Muslims in 2004. This law was upheld by the Supreme Court in an interim order in 2010 but it constituted a Constitution bench to look further into the issue.<ref>{{cite web|url=http://www.thehindu.com/news/national/andhra-pradesh/interim-relief-to-ap-on-muslim-reservation/article304480.ece|title=Interim relief to AP on Muslim reservation|work=The Hindu|access-date=2015-06-14}}</ref><ref>{{cite web|url=http://articles.timesofindia.indiatimes.com/2012-07-24/india/32827015_1_muslim-sub-quota-central-educational-institutions-constitution-bench|archive-url=https://archive.today/20130629123830/http://articles.timesofindia.indiatimes.com/2012-07-24/india/32827015_1_muslim-sub-quota-central-educational-institutions-constitution-bench|url-status=dead|archive-date=2013-06-29|work=[[The Times of India]]|title=Supreme Court to hear govt on Muslim quota|access-date=2015-06-14}}</ref> The referral was to examine the constitutional validity of quotas based on religion.<ref>{{cite web|url=https://economictimes.indiatimes.com/news/politics-and-nation/centre-seeks-scs-approval-on-muslim-reservation/articleshow/30704696.cms?from=mdr|title=Centre Seeks SCs approval on Muslim Reservation|work=timesofindia-economictimes|access-date=2020-03-05}}</ref> [[Kerala Public Service Commission]] has a quota of 12% for Muslims.<ref>{{Cite web|date=7 September 2020|title=Reservation chart by Kerala Public Service Commission|url=https://www.keralapsc.gov.in/index.php/rotation-chart}}</ref> Religious minority (Muslim or Christian) educational institutes also have 50% reservation for Muslim or Christian religions. The Central government has listed a number of Muslim communities as [[List of Muslim Other Backward Classes communities|backward Muslims]], making them eligible for reservation.{{citation needed|date=September 2016}}<ref>{{Cite web|url=https://economictimes.indiatimes.com/news/politics-and-nation/west-bengal-announces-reservation-for-muslims-in-govt-jobs/articleshow/5548683.cms?from=mdr|title=State Government Provides Reservation to Muslims|last=A|first=Roshan|date=2 February 2010|website=Economic Times|access-date=6 February 2010}}</ref> | The Government of Andhra Pradesh introduced a law enabling 4 percent reservations for Muslims in 2004. This law was upheld by the Supreme Court in an interim order in 2010 but it constituted a Constitution bench to look further into the issue.<ref>{{cite web|url=http://www.thehindu.com/news/national/andhra-pradesh/interim-relief-to-ap-on-muslim-reservation/article304480.ece|title=Interim relief to AP on Muslim reservation|work=The Hindu|access-date=2015-06-14}}</ref><ref>{{cite web|url=http://articles.timesofindia.indiatimes.com/2012-07-24/india/32827015_1_muslim-sub-quota-central-educational-institutions-constitution-bench|archive-url=https://archive.today/20130629123830/http://articles.timesofindia.indiatimes.com/2012-07-24/india/32827015_1_muslim-sub-quota-central-educational-institutions-constitution-bench|url-status=dead|archive-date=2013-06-29|work=[[The Times of India]]|title=Supreme Court to hear govt on Muslim quota|access-date=2015-06-14}}</ref> The referral was to examine the constitutional validity of quotas based on religion.<ref>{{cite web|url=https://economictimes.indiatimes.com/news/politics-and-nation/centre-seeks-scs-approval-on-muslim-reservation/articleshow/30704696.cms?from=mdr|title=Centre Seeks SCs approval on Muslim Reservation|work=timesofindia-economictimes|access-date=2020-03-05}}</ref> [[Kerala Public Service Commission]] has a quota of 12% for Muslims.<ref>{{Cite web|date=7 September 2020|title=Reservation chart by Kerala Public Service Commission|url=https://www.keralapsc.gov.in/index.php/rotation-chart}}</ref> Religious minority (Muslim or Christian) educational institutes also have 50% reservation for Muslim or Christian religions. The Central government has listed a number of Muslim communities as [[List of Muslim Other Backward Classes communities|backward Muslims]], making them eligible for reservation.{{citation needed|date=September 2016}}<ref>{{Cite web|url=https://economictimes.indiatimes.com/news/politics-and-nation/west-bengal-announces-reservation-for-muslims-in-govt-jobs/articleshow/5548683.cms?from=mdr|title=State Government Provides Reservation to Muslims|last=A|first=Roshan|date=2 February 2010|website=Economic Times|access-date=6 February 2010}}</ref> | ||
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In January 2016, the [[Kapu (caste)|Kapu]] community in Andhra Pradesh began leading protests to be classified in Backward Classes. The agitation became violent when in [[Tuni]], Kapu protestors set trains on fire.<ref>{{Cite web|date=2016-12-03|title=Andhra's caste reservation protests to return? Kapu leaders chalk out action plan|url=https://www.thenewsminute.com/article/andhras-caste-reservation-protests-return-kapu-leaders-chalk-out-action-plan-53778|access-date=2021-02-08|website=The News Minute|language=en}}</ref> In 2019, the [[Telugu Desam Party]] which had just been made opposition, tabled a bill to have a 5% sub-quota for Kapus out of EWS reservation.<ref>{{Cite web|date=2019-07-17|title=Why trouble is brewing in Andhra over Kapu reservation once more|url=https://www.thenewsminute.com/article/why-trouble-brewing-andhra-over-kapu-reservation-once-more-105610|access-date=2021-02-08|website=The News Minute|language=en}}</ref> | In January 2016, the [[Kapu (caste)|Kapu]] community in Andhra Pradesh began leading protests to be classified in Backward Classes. The agitation became violent when in [[Tuni]], Kapu protestors set trains on fire.<ref>{{Cite web|date=2016-12-03|title=Andhra's caste reservation protests to return? Kapu leaders chalk out action plan|url=https://www.thenewsminute.com/article/andhras-caste-reservation-protests-return-kapu-leaders-chalk-out-action-plan-53778|access-date=2021-02-08|website=The News Minute|language=en}}</ref> In 2019, the [[Telugu Desam Party]] which had just been made opposition, tabled a bill to have a 5% sub-quota for Kapus out of EWS reservation.<ref>{{Cite web|date=2019-07-17|title=Why trouble is brewing in Andhra over Kapu reservation once more|url=https://www.thenewsminute.com/article/why-trouble-brewing-andhra-over-kapu-reservation-once-more-105610|access-date=2021-02-08|website=The News Minute|language=en}}</ref> | ||
[[Maratha (caste)|Marathas]], the dominant caste of Maharashtra, have been agitating for OBC status since the 1990s. In 2016, after the rape and murder of a 15-year old Maratha girl in Kopardi, the Maratha community organized [[Maratha Kranti Morcha|massive protests]] throughout Maharashtra. Their demands included death for the accused as well as reservations for the Maratha community which makes up 16% of the state's population | [[Maratha (caste)|Marathas]], the dominant caste of Maharashtra, have been agitating for OBC status since the 1990s. In 2016, after the rape and murder of a 15-year old Maratha girl in Kopardi, the Maratha community organized [[Maratha Kranti Morcha|massive protests]] throughout Maharashtra. Their demands included death for the accused as well as reservations for the Maratha community which makes up 16% of the state's population. Some road blocks turned violent in 2017 and 2018, but overall the protests were peaceful. Their demand was met when the Maharashtra government instituted a special SEBC category for them with 16% reservation.<ref name=":0" /> The Supreme Court of India later however, declared the SEBC reservation for Marathas as unconstitutional.<ref>{{Cite web|date=2021-05-05|title=Supreme Court declares Maratha quota law unconstitutional |url=https://www.thehindu.com/news/national/sc-declares-maratha-quota-law-unconstitutional/article34487043.ece|access-date=2021-11-21|website=The Hindu|language=en}}</ref> | ||
== Economic status == | == Economic status == | ||
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There are no exclusions for SC/ST people. | There are no exclusions for SC/ST people. | ||
For OBC's people | For OBC's people the following categories are not entitled to take advantage of the reservation system: | ||
* Children of officials in high office as per the Constitution.{{efn|Included among the high office holders are the [[President of India]], the [[Vice-President of India]], Judges of the Supreme Court of India, the High Courts chairman, the members of [[Union Public Service Commission]], members of the State Public Service Commission, Chief Election Commissioner, Comptroller Auditor-General of India or any person holding positions of a constitutional nature.<ref name="National Commission for Backward Classes">{{cite web|title=Judgement Writ Petition (Civil) No.930 of 1990 – Indira Sawhney Versus Union of India And others (16.11.1992)|url=http://ncbc.nic.in/Pdf/OfficeMemorandum.pdf|work=National Commission for Backward Classes|access-date=2011-11-05}}</ref>}} | * Children of officials in high office as per the Constitution.{{efn|Included among the high office holders are the [[President of India]], the [[Vice-President of India]], Judges of the Supreme Court of India, the High Courts chairman, the members of [[Union Public Service Commission]], members of the State Public Service Commission, Chief Election Commissioner, Comptroller Auditor-General of India or any person holding positions of a constitutional nature.<ref name="National Commission for Backward Classes">{{cite web|title=Judgement Writ Petition (Civil) No.930 of 1990 – Indira Sawhney Versus Union of India And others (16.11.1992)|url=http://ncbc.nic.in/Pdf/OfficeMemorandum.pdf|work=National Commission for Backward Classes|access-date=2011-11-05}}</ref>}} | ||
* Children of civil servants in high positions.{{efn|Included among this category are Class I or Class II officers, unless dead or incapacitated.<ref>[http://ncbc.nic.in/Pdf/OfficeMemorandum.pdf Office Memorandum], ncbc.nic.in, pp. 7–8</ref> The criteria used for Group A and B are the same as the employees of the Public sector.<ref name="National Commission for Backward Classes" />}} | * Children of civil servants in high positions.{{efn|Included among this category are Class I or Class II officers, unless dead or incapacitated.<ref>[http://ncbc.nic.in/Pdf/OfficeMemorandum.pdf Office Memorandum], ncbc.nic.in, pp. 7–8</ref> The criteria used for Group A and B are the same as the employees of the Public sector.<ref name="National Commission for Backward Classes" />}} | ||
* Children of [[Indian Armed Forces|armed | * Children of [[Indian Armed Forces|armed forces]] officers of high rank.{{efn|High ranks include the rank of colonel and above in the army or in equivalent posts in the [[Indian Navy|Navy]], the [[Indian Air Force|Air Force]], and the Paramilitary Force. But that will hold true provided that- | ||
# "the wife of an armed forces officer is herself in the [[Indian Armed Forces|armed forces]] (i.e., the category under consideration) the rule of exclusion will apply only when she herself has reached the rank of Colonel." | # "the wife of an armed forces officer is herself in the [[Indian Armed Forces|armed forces]] (i.e., the category under consideration) the rule of exclusion will apply only when she herself has reached the rank of Colonel." | ||
# "the service ranks below Colonel of husband and wife shall not be clubbed together" | # "the service ranks below Colonel of husband and wife shall not be clubbed together" | ||
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* Children of professionals and those engaged in trade and industry.{{efn|If a person has a high paying job such as physician, lawyer, [[chartered accountant]], income tax consultant, financial or [[management consultant]], [[dental surgeon]], engineer, architect, [[computer specialist]], film artist or other film professionals, author, playwright, [[sports person]], sports professional, media professional or any other vocations of like status. If the husband holds one of the above jobs and the wife does not then the husband's income will be taken into consideration and if the wife holds one of the above jobs then the wife's income will be taken into consideration. The income of the family as a whole will be taken into account because the whole point of the reservation system is to raise the social status of the people that belong to the SC's, ST's and OBCs and if a family's income is high already it is considered that it raises their social status as well.<ref name="National Commission for Backward Classes" />}} | * Children of professionals and those engaged in trade and industry.{{efn|If a person has a high paying job such as physician, lawyer, [[chartered accountant]], income tax consultant, financial or [[management consultant]], [[dental surgeon]], engineer, architect, [[computer specialist]], film artist or other film professionals, author, playwright, [[sports person]], sports professional, media professional or any other vocations of like status. If the husband holds one of the above jobs and the wife does not then the husband's income will be taken into consideration and if the wife holds one of the above jobs then the wife's income will be taken into consideration. The income of the family as a whole will be taken into account because the whole point of the reservation system is to raise the social status of the people that belong to the SC's, ST's and OBCs and if a family's income is high already it is considered that it raises their social status as well.<ref name="National Commission for Backward Classes" />}} | ||
* Children of property owners.{{efn|Included in this category are those who have [[irrigated land]] area which is equal to or more than 85% of the [[statutory]] ceiling area will be excluded from the reservation. They would only be under reservation if the land is exclusively unirrigated. Those with vacant buildings can use them for residential, industrial or commercial purposes, hence they are not covered under reservations.<ref name="National Commission for Backward Classes" />}} | * Children of property owners.{{efn|Included in this category are those who have [[irrigated land]] area which is equal to or more than 85% of the [[statutory]] ceiling area will be excluded from the reservation. They would only be under reservation if the land is exclusively unirrigated. Those with vacant buildings can use them for residential, industrial or commercial purposes, hence they are not covered under reservations.<ref name="National Commission for Backward Classes" />}} | ||
* Children of people with annual income exceeding {{INR}}8,00,000 | * Children of people with annual income exceeding {{INR}}8,00,000{{efn|This income does not include salaried income and agricultural income}} (regarded as the "[[creamy layer]]").<ref name="National Commission for Backward Classes" /> | ||
Institutions of Excellence, research institutions, Institutions of National and Strategic Importance such as [[Centre for Development of Advanced Computing]], [[Homi Bhabha National Institute]] and its ten constituent units, the [[Tata Institute of Fundamental Research]] (Mumbai), the [[North Eastern Indira Gandhi Regional Institute of Health and Medical Sciences]] (Shillong), [[Physical Research Laboratory]] (Ahmedabad), the [[Vikram Sarabhai Space Centre]] (Thiruvananthapuram) and the [[Indian Institute of Remote Sensing]] (Dehradun) do not have reservations for higher education.{{efn|Such institutions include the [[Centre for Development of Advanced Computing]], [[Homi Bhabha National Institute]] and its ten constituent units, the [[Tata Institute of Fundamental Research]] (Mumbai), the [[North Eastern Indira Gandhi Regional Institute of Health and Medical Sciences]] (Shillong), [[Physical Research Laboratory]] (Ahmedabad), the [[Vikram Sarabhai Space Centre]] (Thiruvananthapuram) and the [[Indian Institute of Remote Sensing]] (Dehradun).<ref name="pib.nic.in">{{cite web|url=http://pib.nic.in/newsite/erelease.aspx?relid=23895|title=Press Information Bureau English Releases|access-date=2015-02-02}}</ref><ref>{{cite web|url=https://indiaresultup.in/wp-content/uploads/2017/03/3335.pdf|title=Extraordinary Part II - Section I|publisher=The Gazette of India|access-date=24 February 2019}}</ref>}} However Institutes of National Importance such as [[Indian Institutes of Management]] (IIMs),<ref>{{cite web|url=https://www.iima.ac.in/web/pgp/apply/domestic/important-information|title=Two-Year Post Graduate Programme in Management|publisher=Indian Institute of Management Ahmedabad}}</ref>[[Indian Institutes of Technology]] (IITs),<ref>{{cite web|url=http://www.uceed.iitb.ac.in/2020/reservation.html|title=Reservation of Seats|publisher=UCEED}}</ref> [[National Institutes of Technology]] (NIT) and Indian Institute of Information Technology (IIIT) have provision of reservation in admission process for undergraduate and graduate programs.<ref>{{cite web|url=http://www.nitp.ac.in/php/facilities.php?pp=concession|title=Concessions Provided for Students|publisher=National Institute of Technology Patna}}</ref> | Institutions of Excellence, research institutions, Institutions of National and Strategic Importance such as [[Centre for Development of Advanced Computing]], [[Homi Bhabha National Institute]] and its ten constituent units, the [[Tata Institute of Fundamental Research]] (Mumbai), the [[North Eastern Indira Gandhi Regional Institute of Health and Medical Sciences]] (Shillong), [[Physical Research Laboratory]] (Ahmedabad), the [[Vikram Sarabhai Space Centre]] (Thiruvananthapuram) and the [[Indian Institute of Remote Sensing]] (Dehradun) do not have reservations for higher education.{{efn|Such institutions include the [[Centre for Development of Advanced Computing]], [[Homi Bhabha National Institute]] and its ten constituent units, the [[Tata Institute of Fundamental Research]] (Mumbai), the [[North Eastern Indira Gandhi Regional Institute of Health and Medical Sciences]] (Shillong), [[Physical Research Laboratory]] (Ahmedabad), the [[Vikram Sarabhai Space Centre]] (Thiruvananthapuram) and the [[Indian Institute of Remote Sensing]] (Dehradun).<ref name="pib.nic.in">{{cite web|url=http://pib.nic.in/newsite/erelease.aspx?relid=23895|title=Press Information Bureau English Releases|access-date=2015-02-02}}</ref><ref>{{cite web|url=https://indiaresultup.in/wp-content/uploads/2017/03/3335.pdf|title=Extraordinary Part II - Section I|publisher=The Gazette of India|access-date=24 February 2019}}</ref>}} However Institutes of National Importance such as [[Indian Institutes of Management]] (IIMs),<ref>{{cite web|url=https://www.iima.ac.in/web/pgp/apply/domestic/important-information|title=Two-Year Post Graduate Programme in Management|publisher=Indian Institute of Management Ahmedabad}}</ref>[[Indian Institutes of Technology]] (IITs),<ref>{{cite web|url=http://www.uceed.iitb.ac.in/2020/reservation.html|title=Reservation of Seats|publisher=UCEED}}</ref> [[National Institutes of Technology]] (NIT) and Indian Institute of Information Technology (IIIT) have provision of reservation in admission process for undergraduate and graduate programs.<ref>{{cite web|url=http://www.nitp.ac.in/php/facilities.php?pp=concession|title=Concessions Provided for Students|publisher=National Institute of Technology Patna}}</ref> | ||
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==Creamy layer== | ==Creamy layer== | ||
{{Main|Creamy layer}} | {{Main|Creamy layer}} | ||
The term ''creamy layer'' was first coined in 1974 in the ''State of Kerala vs N. M. Thomas'' case when a judge said that the "benefits of the reservation shall be snatched away by the top creamy layer of the backward class, thus leaving the weakest among the weak and leaving the fortunate layers to consume the whole cake".<ref>{{cite web|url=http://judis.nic.in/supremecourt/qrydisp.asp?tfnm=5862|title=Supreme Court Of India – Judgement Information System}}</ref><ref>{{cite web|url=http://www.dailypioneer.com/columnists/oped/scourge-of-reservation-the-invisible-creamy-layer.html|title=Scourge of reservation: The invisible creamy layer|publisher=The Pioneer}}</ref> The 1992 [[Indra Sawhney & Others v. Union of India]] judgement laid down the limits of the state's powers: it upheld the ceiling of 50 percent quotas, emphasised the concept of "social backwardness", and prescribed 11 indicators to ascertain backwardness. The judgement also established the concept of qualitative exclusion, such as "creamy layer".<ref>{{cite web|url=http://indianexpress.com/article/explained/explained-order-reserved/|title=Explained: Order reserved|publisher=The Indian Express}}</ref><ref>{{cite web|url=http://indianexpress.com/article/opinion/columns/building-a-just-society/|title=For an equitable society, reservations must be extended to private sector|date=23 October 2015|work=The Indian Express|access-date=2016-05-08}}</ref><ref>{{cite web|url=http://www.thehindu.com/todays-paper/tp-national/plea-to-reconsider-judgment-in-indra-sawhney-case-of-1992/article1897463.ece|title=Plea to reconsider judgement in Indra Sawhney case of 1992}}</ref> The creamy layer applies only to OBCs.<ref>{{cite web|url=https://timesofindia.indiatimes.com/india/Cant-keep-SC/ST-creamy-layer-out-of-quota-benefits/articleshow/46914401.cms|title='Can't keep SC/ST creamy layer out of quota benefits' - Times of India|website=The Times of India|access-date=24 February 2019}}</ref> The creamy layer criteria were introduced at Rs 1 lakh in 1993 and revised to Rs 2.5 lakh in 2004, ₹4.5 lakh in 2008 and ₹6 lakh in 2013, but now the ceiling has been raised to ₹8 lakh (in September 2017).<ref>{{cite web|url=http://timesofindia.indiatimes.com/india/Raise-creamy-layer-to-Rs-10-5-lakh-OBC-panel/articleshow/47155884.cms|title=Raise 'creamy layer' to Rs 10.5 lakh: OBC panel}}</ref> In October 2015, the [[National Commission for Backward Classes]] (NCBC) proposed that a person belonging to OBC with an annual family income of up to ₹15 lakh should be considered as minimum ceiling for OBC.<ref>{{cite web|url=http://timesofindia.indiatimes.com/india/OBC-panel-backs-off-wont-make-creamy-layer-reservation-criteria-stringent/articleshow/49545470.cms?|title=OBC panel backs off, won't make 'creamy layer' reservation criteria stringent}}</ref> The NCBC also recommended sub-division of OBCs into "backward", "more backward" and "extremely backward" groups and to divide the 27 per cent quota amongst them in proportion to their population, to ensure that stronger OBCs do not corner the quota benefits.<ref>{{cite web|url=http://timesofindia.indiatimes.com/india/OBC-sub-division-relaxing-creamy-layer-is-a-must-NCBC-tells-govt/articleshow/49532421.cms|title=OBC sub-division, relaxing creamy layer is a must: NCBC tells govt}}</ref><ref>{{cite web|url=http://timesofindia.indiatimes.com/india/Raise-creamy-layer-to-Rs-10-5-lakh-OBC-panel/articleshow/47155884.cms|title=Raise 'creamy layer' to Rs 10.5 lakh: OBC panel|work=The Times of India|access-date=2016-05-08}}</ref> | The term ''creamy layer'' was first coined in 1974 in the ''State of Kerala vs N. M. Thomas'' case when a judge said that the "benefits of the reservation shall be snatched away by the top creamy layer of the backward class, thus leaving the weakest among the weak and leaving the fortunate layers to consume the whole cake".<ref>{{cite web|url=http://judis.nic.in/supremecourt/qrydisp.asp?tfnm=5862|title=Supreme Court Of India – Judgement Information System}}</ref><ref>{{cite web|url=http://www.dailypioneer.com/columnists/oped/scourge-of-reservation-the-invisible-creamy-layer.html|title=Scourge of reservation: The invisible creamy layer|publisher=The Pioneer}}</ref> The 1992 [[Indra Sawhney & Others v. Union of India]] judgement laid down the limits of the state's powers: it upheld the ceiling of 50.21 percent quotas, emphasised the concept of "social backwardness", and prescribed 11 indicators to ascertain backwardness. The judgement also established the concept of qualitative exclusion, such as "creamy layer".<ref>{{cite web|url=http://indianexpress.com/article/explained/explained-order-reserved/|title=Explained: Order reserved|publisher=The Indian Express}}</ref><ref>{{cite web|url=http://indianexpress.com/article/opinion/columns/building-a-just-society/|title=For an equitable society, reservations must be extended to private sector|date=23 October 2015|work=The Indian Express|access-date=2016-05-08}}</ref><ref>{{cite web|url=http://www.thehindu.com/todays-paper/tp-national/plea-to-reconsider-judgment-in-indra-sawhney-case-of-1992/article1897463.ece|title=Plea to reconsider judgement in Indra Sawhney case of 1992}}</ref> The creamy layer applies only to OBCs.<ref>{{cite web|url=https://timesofindia.indiatimes.com/india/Cant-keep-SC/ST-creamy-layer-out-of-quota-benefits/articleshow/46914401.cms|title='Can't keep SC/ST creamy layer out of quota benefits' - Times of India|website=The Times of India|access-date=24 February 2019}}</ref> The creamy layer criteria were introduced at Rs 1 lakh in 1993 and revised to Rs 2.5 lakh in 2004, ₹4.5 lakh in 2008 and ₹6 lakh in 2013, but now the ceiling has been raised to ₹8 lakh (in September 2017).<ref>{{cite web|url=http://timesofindia.indiatimes.com/india/Raise-creamy-layer-to-Rs-10-5-lakh-OBC-panel/articleshow/47155884.cms|title=Raise 'creamy layer' to Rs 10.5 lakh: OBC panel}}</ref> In October 2015, the [[National Commission for Backward Classes]] (NCBC) proposed that a person belonging to OBC with an annual family income of up to ₹15 lakh should be considered as minimum ceiling for OBC.<ref>{{cite web|url=http://timesofindia.indiatimes.com/india/OBC-panel-backs-off-wont-make-creamy-layer-reservation-criteria-stringent/articleshow/49545470.cms?|title=OBC panel backs off, won't make 'creamy layer' reservation criteria stringent}}</ref> The NCBC also recommended sub-division of OBCs into "backward", "more backward" and "extremely backward" groups and to divide the 27 per cent quota amongst them in proportion to their population, to ensure that stronger OBCs do not corner the quota benefits.<ref>{{cite web|url=http://timesofindia.indiatimes.com/india/OBC-sub-division-relaxing-creamy-layer-is-a-must-NCBC-tells-govt/articleshow/49532421.cms|title=OBC sub-division, relaxing creamy layer is a must: NCBC tells govt}}</ref><ref>{{cite web|url=http://timesofindia.indiatimes.com/india/Raise-creamy-layer-to-Rs-10-5-lakh-OBC-panel/articleshow/47155884.cms|title=Raise 'creamy layer' to Rs 10.5 lakh: OBC panel|work=The Times of India|access-date=2016-05-08}}</ref> | ||
==Reservation in states== | ==Reservation in states== | ||
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=== Chhattisgarh === | === Chhattisgarh === | ||
* Scheduled Castes – | * Scheduled Castes – 12% | ||
* Scheduled Tribes – 32% | * Scheduled Tribes – 32% | ||
* Other Backward Classes – | * Other Backward Classes – 14% | ||
* Economically Weaker Sections – | * Economically Weaker Sections – no provision | ||
Chhattisgarh: Ordinance on OBC quota hike to 27% has lapsed, says high court.<ref>{{Cite web|last=Mar 2|first=Vijay Singh Thakur / TNN /|last2=2020|last3=Ist|first3=13:38|title=Chhattisgarh: Ordinance on OBC quota hike to 27% has lapsed, says high court {{!}} Raipur News - Times of India|url=https://timesofindia.indiatimes.com/city/raipur/chhattisgarh-ordinance-on-obc-quota-hike-to-27-has-lapsed-says-high-court/articleshow/74437913.cms|access-date=2021-10-28|website=The Times of India|language=en}}</ref> | |||
=== Delhi === | === Delhi === | ||
| Line 480: | Line 481: | ||
In the Scheduled Areas which have a very high percentage of STs, such as [[Kinnaur district|Kinnaur]] and [[Lahaul and Spiti district|Lahaul and Spiti]] districts, percentage of ST reserved seats in government jobs are much higher. | In the Scheduled Areas which have a very high percentage of STs, such as [[Kinnaur district|Kinnaur]] and [[Lahaul and Spiti district|Lahaul and Spiti]] districts, percentage of ST reserved seats in government jobs are much higher. | ||
=== Jharkhand === | |||
* Scheduled Castes – 10% | |||
* Scheduled Tribes – 26% | |||
* Other Backward Classes – 14% | |||
* Economically Weaker Sections – 10% | |||
BC are currently classified as being in Annexure 1 and Annexure 2.<ref>{{Cite web|title=List of Castes under Category BC (ANNEXURE -II ) in Jharkhand|url=https://jharsewa.jharkhand.gov.in/resources/pdf/20/BC2.pdf|url-status=live|publisher=Government of Jharkhand}}</ref> The present government has proposed raising the OBC quota to 27% and both SC and ST quotas by 2%.<ref>{{Cite web|date=2021-03-19|title=‘Jharkhand would recommend SC to remove 50% cap on reservation’: CM|url=https://www.hindustantimes.com/cities/ranchi-news/jharkhand-would-recommend-sc-to-remove-50-cap-on-reservation-cm-101616171065815.html|access-date=2021-11-21|website=Hindustan Times|language=en}}</ref> | |||
=== Maharashtra === | === Maharashtra === | ||
* Scheduled Castes (SC) ( | * Scheduled Castes (SC) (19%) | ||
* Scheduled Tribes (ST) (7%) | * Scheduled Tribes (ST) (7%) | ||
* Other Backward Classes (OBC) (19%) | * Other Backward Classes (OBC) (19%) | ||
| Line 504: | Line 514: | ||
==Notes== | ==Notes== | ||
{{Notelist| | {{Notelist|,22 | ||
50em}} | |||
==References== | ==References== | ||