RESERVATION SYSTEM IN INDIA

ROUGH DRAFT SUBMITTED IN THE FULFILMENT OF THE COURSE TITLED LEGAL

METHODS AND RESEARCH METHODOLOGY

SUBMITTED TO:

Mr. VIJAYANT SINHA

TEACHER ASSOCIATE

SUBMITTED BY:

NAME: KARAN SINGH RAUTELA

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

ROLL NO: 1736

SEMESTER: 1st

CHANAKYA NATIONAL LAW UNIVERSITY, NYAYA NAGAR, MITHAPUR, PATNA

800001

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 ACKNOWLEDGEMENT

Writing a project is one of the most significant academic challenges, I have ever faced.
Though this project has been presented by me but there are many people who remained in
veil, who gave their all support and helped me to complete this project.

First of all I am very grateful to my subject teacher Mr. Vijayant Sinha, without the kind
support of whom and help the completion of the project could not have been possible for me.
He donated his valuable time from his busy schedule to help me to complete this project and
suggested me from where and how to collect data.

I am very thankful to the librarian who provided me several books on this topic which proved
beneficial in completing this project.

I acknowledge my friends who gave their valuable and meticulous advice which was very
useful and could not be ignored in writing the project. I want to convey most sincere thanks to
my seniors, for helping me throughout the project.

Last but not the least, I am very much thankful to my parents and family, who always stand
aside me and helped me a lot in accessing all sorts of resources.

I thank all of them !

KARAN SINGH RAUTELA

ROLL :- 1736
SEMESTER :- I
B.A.L.L.B. ( Hons. )

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 TABLE OF CONTENT

(I) INTRODUCTION--------------------------------------------------------------------- 5-6

(II) ORIGIN OF RESERVATION ---------------------------------------------- 7-9

(III) DIFFERENT TYPES OF RESERVATION------------------------------------ 10 -13

(IV) IMPACT OF RESERVATION --------------------------------------------------- 14-21

(V) PROVISION RELTED TO RESERVATION SYSTEM------------------------- 22-26

IN INDIA

(VI) RESERVATION SYSTEM IN OTHER--------------------------------------------27-30

COUNTRIES

(VII) CASE LAWS ---------------------------------------------------------------------- 31-33

(VIII) CONCLUSION AND SUGGESTION ------------------------------------------- 34-35

(IX) BIBLIOGRAPHY -------------------------------------------------------------------- 36-37

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 1. INTRODUCTION

Reservation in Indian law provides for a quota system whereby a percentage of posts are
reserved for employment in Government and in the public sector units, and in all public and
private educational institutions, in order to diminish backwardness of the socially and
educationally backward communities and the Scheduled Castes and Tribes who do not
have adequate representation in these services and institutions.

The central government of India reserves 27% of higher education, and individual states may
legislate further reservations. Reservation cannot be exceeded 50%, as per the rulings given by
the supreme court, but certain Indian states like Rajasthan have proposed a 68 % reservation.

Now % of reservation growing day by day, each politician who represents for their caste make
rallies and andolan to get the share in reservation,Reservation is started as thinking to
upliftment the backward caste for next 10 years but almost 60 years are already gone but
reservation never ends, no other party or political had enough courage to raise their voice
against reservation because they leave in a hear of loosing their vote banks at the end. Simply it
matter of kisaa kursi ka

Reservation, in India, is a type of affirmative action that tries to allocate fixed number seats
in educational and social institutions, for various under- represented communities. It is stated as a
response to the thousands of years of discrimination done by upper caste persons in India. Thus,
when India attained independence, the constitution gave special provision for certain
communities to have a minimum representation in various fields.The initial provision was to
have ended in a few years, but the practice continues till now, and the government of India kept
on increasing the quotas that, many Institutions have more than 80% of the seats reserved for
people of various communities and other criteria, leaving very little for open competition.

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Reservations will practically pull down the mark of competence to such low levels that the basic
force of inquisitive learning is stopped at premature levels at each and every stage of learning-
school, college, university and work. Quality education takes a back seat and glory of competent
carrers will become a tale of past.

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AIMS AND OBJECTIVES

To study the positive impact of reservation system in India.

To study how the backward classes in our society is getting effected.

SOURCES OF DATA
The researcher will be relying on both primary and secondary sources to complete the project.

1. Primary Sources: Judicial statements, acts, laws under Indian constitution.

2. Secondary Sources: Books, newspapers and websites.

RESEARCH METHODOLOGY
This research is based on doctrinal and non-doctrinal types of research work.

HYPOTHESIS
The researcher tends to favour the provisions of reservation system in India.

LIMITATIONS OF THE STUDY

The researcher has monetary and time limitations in completing the project. Further more
emphasis will be given on the role of lawyers in India.

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 2. ORIGIN OF RESERVATION

The reservation policy is an age old policy being practiced in India. Its origin has its roots
scattered from the ancient times when the practice of untouchability, caste system and Varna
system was dominant in the society. In ancient times, the Hindu society was divided on the basis
of Varna, Jatis or classes and they were as follows in the descending order of their social
hierarchy- the Brahmans, the Kshatriyas, the Vaisyas and the Shudras. There was another class
of people or rather no class people known as untouchables or avarna that is who has no
class. These untouchables were considered to be impure for the society and were excluded from
the social system1. They had to reside outside the village and had no social rights. In some parts
of the country such as Southern India, if even their shadow was casted on the upper-class people
then it was considered that the person has got impure. There were strict restrictions on them for
social gatherings and social life and if they violated any social norm, they were severely
punished and in some cases were even killed. The division of society on the norms of purity and
impurity was a very cruel system, and it had adverse effects on the development and growth of
these lower class people where the skill and labor of an individual were recognized merely on the

1
Quota or Reservation System in India: History & Present, Knowledge Of India, (Oct.5, 2017, 7:38 AM),
http://knowledgeofindia.com/quota-or-reservation-system-in-india/

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ground of him being a member of a lower caste 2. The epics like Mahabharata also quote of many
instances wherein a warrior like Karna was not allowed to showcase his talent merely on the
ground of him being a Shudra. He was often referred to as Shudra Putra and humiliated
because of his caste. The then prevalent caste system was a major reason for the advent and
advancement of the Reservation Policy in India. The idea of giving reservations to a certain class
of people originated because of the prevalent atrocities being done on the certain class of people.
To give them an equal opportunity, an equal status in society, to uplift them socially, to bring
them at par with other sections of society and moreover to bring development in the lower strata
of society, were the reasons for the adoption of Reservation Policy in India.

RESERVATION POLICY IN PRE-INDEPENDENCE ERA3

The legal origin of Reservation Policy in India began with lying down of the Government of
India Act, 1919 which came during the turbulent period of World War I. During this period, the
British were more focussed on Europe rather than on India yet they passed much important and
significant legislation that aimed at the development of the Indian Territory. This Act of 1919 not
only introduced several reforms for the Indian Governmental institutions but also addressed
many issues of minorities including the formation of communal electorates. Though the system
was criticized firmly by Montague-Chelmsford as a system that could be a hindrance to the self-
development policy but because Muslims already had a communal electorate through the Minto-
Morley reform of 1909 and, therefore, they found it unfeasible to take away the separate
electorates of Muslims.

After the Act of 1919, the controversial Simon Commission came up in 1927 to scrutinize the
Montague- Chelmsford reforms. After touring the entire Indian provinces, their representatives
proposed for combining separate electorates and reserving seats for depressed classes and
demand for the wider franchise was there as the economic, educational and social position of
these depressed classes did not allow them to vote properly. To stamp and scrutinize the report of
Simon Commission and the reforms proposed by them and how to incorporate them into new
Constitution, a Round Table Conference was convened in London in 1931. There were many

2
Id
3
Reservation in India, realityviews, (Oct.5,2017, 8:04 AM), http://www.realityviews.in/2010/03/reservation-in-
india-brief-history.html

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Indian delegates from various interests groups. The conference was chaired by Prime Minister
Ramsay Macdonald. There were appeals for separate electorate from B.R Ambedkar but
Mahatma Gandhi strongly opposed the appeal for separate electorate for depressed classes and
because of this strong opposition from Mahatma Gandhi and Congress the issue of minority
remained unresolved in the Conference.

After this the Communal Award and the Poona Pact of 1932 came into force wherein the Prime
Minister Macdonald announced the communal award where the separate representations were to
be provided to Muslims, Sikhs, Indian Christians, Anglo- Indians, Europeans and Dalits
Depressed classes were assigned a number of seats that were to be filled by election from
special constituencies in which voters belonging to the depressed classes could only vote.

The award brought in criticism from Mahatma Gandhi but was strongly supported by Dr. BR
Ambedkar and other minority groups. As a result, of the hunger strike by Mahatma Gandhi and
widespread revolt against the award, the Poona Pact of 1932 came into being which brought in a
single general electorate for each of the seats of British India and new Central Legislatures. The
stamping of the provisions of Poona Pact, 1932 were done in The Government of India Act of
1935 where reservation of seats for depressed classes was allotted. This was the scenario before
the independence of India4.

4
Id

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 3. DIFFERENT TYPES OF RESERVATION IN INDIA

The Indian Governments approach towards the SC/ST population has primarily been shaped by
the provisions in its Constitution which basically guarantees equality before the law, and
empowers the State to make special provisions to promote the educational and economic interest
of the SC/ST and to provide legal and other safeguards against discrimination in multiple
spheres. The Government has applied a two fold strategy which includes: (a) legal safeguards
against discrimination, (b) pro-active measures in the form of reservation policy for state sector
and state supported sectors, and (c) policy in the form of informal affirmative action for private
sector (namely agriculture and private industry, in which more than 90 percent of the SC/ST
workers are engaged) as part of a general developmental or empowering measure. Anti-
discriminatory measures include enactment of Anti-untouchability act of 1955 (renamed as
protection of Civil rights Act in 1979) and Schedule Caste/Tribe Prevention of Atrocities Act,
1989. Under the first Act, practice of untouchability and discrimination in public places and
services is treated as offence. The second Act provides legal protection to SC/STs against
violence and atrocities by the high castes. Reservation for both SC/ST in government services,
educational institutions and political bodies like legislature also falls under ant-discriminatory,

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but pro-active measures 5 . These pro-active measures have been used to ensure proportional
participation of the SC/ST in various public domains. The reservation policy is confined to a tiny
state-run and state-supported sector, whereas the vast private sector where more than 90 per cent
of the SC/ST population workers are engaged are excluded. They therefore remain unprotected
from exclusion and discrimination. In the absence of reservation policy in the private sector, the
state has used general programmes for economic, educational and social empowerment of the
SC/ST. The focus has been to improve the private ownership of fixed capital assets (land and
nonland), education, and improved access to social needs like housing, health, drinking water,
electricity and others6. The strategy for improving or building the private ownership of capital
assets, education and social needs, which has been generally taken as a part of the anti-poverty
programme, is also used as a method of earmarking quotas in an informal manner for the SC/ST
population of the country.

3.1 Reservation in Government Sector

It is important to note that the Indian affirmative action policy is confined to government and
government aided sector of services and educational institutions; the private jobs and educational
institutions are completely excluded from the purview of the policy. Accordingly, the reservation
policy is operative mainly in three spheres: government jobs, admission to public educational
institutions and seats in central, state and local legislatures and bodies. Over a period of time, as

5
Reservation: Understanding The Past, Present And Solutions , youthkiawaaz, (Oct.5, 11:14 AM),
https://www.youthkiawaaz.com/2011/02/educational-reservations-india-solutions/
6
All about reservation policy in India, ipleaders, (Oct.5, 11:20 AM), https://blog.ipleaders.in/reservation-policy-
india/

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the government sphere expanded, so did the scope of reservations to include newer spheres like:
government housing, government spaces for shops and commercial activities and a number of
other small spheres. The most important is the reservation in government services. Article 16(A)
permits reservation in favour of backward castes and in pursuance of this provision, the
Government has made reservation for SC/ST in proportion to their share of population (See
Table 1 B). There is also reservation in promotion of employed persons. The government
services generally include government civil service, public sector undertakings, statutory and
semi-government bodies, voluntary agencies, etc. which are under the control of the Government
or receiving grant-in-aid7. However, there are also certain services at the central level that do not
come within the purview of reservation policy: these prominently include the defense and the
judiciary. Reservation policy is accompanied by an array of other special provisions designed to
facilitate and enhance the probability of the reserved groups to compete for government jobs.
These include: relaxation of minimum age for entry into the service, relaxation in minimum
standard of suitability within reasonable limits (subject to required minimum qualification),
relaxation in fee, and provision for pre-examination training, separate interview for SC/ST
persons, provision of expert from SC/ST background on selection committee and others8.

3.2 Reservation in Education Sector

7
Sanjeev K Ahuja and Smriti Kak Ramachandran, Govt employees against reservation in promotions,
hindustantimes, (Oct. 5, 2:43 PM), http://www.hindustantimes.com/india-news/govt-employees-against-reservation-in-
promotions/story-sPiRl4gQChydSWlQBNuVKJ.html

8
NIRANJAN SAHOO, RESERVATION POLICY AND ITS IMPLEMENTATIONACROSS DOMAIN IN
INDIA:AN ANALYTICAL REVIEW, (Academic Foundation (1 November 2009))

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Second important sphere of reservation is in the education sector. Article 15(4) empowers the
State to make special provisions for the advancement of the SC/STs. Under this provision, the
State has reserved seats for SC/ST students in educational institutions: in colleges and
universities, including technical, engineering and medical colleges run by the central and state
governments and government aided educational institutions9. These provisions are supported by
a number of financial schemes which include scholarships, special hostels for SC/ST students,
concession in fees, grants for books, remedial coaching, etc.

3.3 Reservation in Legislative bodies 10

Third most important sphere of reservation is representation in the central and state legislatures.
A legislative reservation is one of the specific and mandatory constitutional provisions dedicated
to SC/STs. Under Articles 330, 332 and 334 of the Constitution, seats are reserved for SC/STs in
the central and state legislatures in direct proportion to their population size. Similarly,
reservation is provided in local level bodies at the district, taluk and village levels.
Constituencies (for the seat in parliament and state assemblies) are reserved for SC/STs in
proportion to their share in population. Thus, at the all India level, out of the total number of
parliamentary seats, 14 per cent and 7 per cent of constituencies (or seats) are earmarked for
SC/STs respectively. Only the person from SC/ST community can contest from these reserved
constituencies. For example, in 2004, of the total of 543 constituencies in the parliament, 75
were reserved for SCs and 41 for STs. The number of constituencies to be reserved is assessed in
consultation with the population census which is conducted every ten year. The same procedure
is followed at the state and sub-state level. For a constituency to be declared reserved, that
constituency must fulfill one sole criterion, i.e. the ratio of SC/ST population to the total
population in the constituency must be comparatively large. The constitutional provision for
reservation in legislative bodies for the SC/ STs is complemented by statutory provisions which
enhance political participation from the SC/ST population. For instance, they are required to
make smaller election deposits.

9
Vishal Vora, Reservation in Educational Institution, LegalServiceIndia, (Oct. 5, 2017, 3:09 PM),
http://www.legalserviceindia.com/articles/rsv.htm
10
2 SUKHDEO THORAT & CHITTARANJAN SENAPATI, RESERVATION IN EMPLOYMENT, EDUCATION, AND
LEGISLATURE-STATUS AND EMERGING ISSUES 7, (Working Paper Series 2007)

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 4. IMPACT OF RESERVATION

In this section we will first examine the impact of the reservation policy on the employment
sector, the education sector and the legislature. Later, an attempt will be made to discuss the
status of the informal affirmative action policy in the private sector. Finally, attempt will be
made to assess the aggregate impact of both formal and informal affirmative action policies on
SC/STs by using the indicators of human development.

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4.1 Employment Sector11

To begin with the employment sector, there has been a striking increase in the numbers of SC/ST
government employees. In 1960, there were 2,18,000 SC employees which increased to 6,41,000
in 1991 and 5,40,000 in 2003. The corresponding increase in the percentage of SC employees to
total government employees increased from 12 per cent in 1956 to about 16 per cent in 2003
fairly proportionate to their percentage share in population. In the case of ST, the numbers
increased from about 3,80,000 in 1960 to 2,03,000 in 1991 and further up to 2,11,000 in 2003; a
corresponding increase in percentage from 2 per cent in 1960 to 6 per cent in 2003. Similarly, the
number of employees in public sector undertaking has increased from 40,000 in 1970 to 2,96,000
in 2003 for SC and from 12,000 to 1,38,000 for ST during the respective years. In case of
nationalized banks, the number has increased from 4,000 in 1972 to 1,43,000 in 2000 for SC and
from 400 to 43,000 for ST during the same period12. The corresponding percentage has increased
from 1.89 to 13.32 per cent for SC and from 00.19 per cent to 4 per cent for ST. Similarly, the
number of SC employees in nationalized banks increased from 55,000 in 1978 (10 per cent) to
l,33,000 in 2004 (17 per cent) and for ST the number increased from 8,000 (1.5 per cent) to

11
All about reservation policy in India, iPleaders, ( Oct.6, 2010, 9:33 PM ), https://blog.ipleaders.in/reservation-
policy-india
12
Reservation in public sector has positive impact:Study, INDIATV, (Oct.6, 2017, 9:53 PM),
http://www.indiatvnews.com/news/india/reservation-in-public-sector-has-positive-impact-47259.html

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44,000 (5.72 per cent). In public insurance companies the number of SC employees increased
from 14 thousands in 1993 (14 per cent) to 20 thousands (16 per cent) in 2000. The number of
ST employees increased from 5,000 (5 per cent) to 8,000 (6 per cent) during the same period. If
we take the total number of employees in three services government, public sector undertaking
and public sector banks we will notice that the number of employees in these three services has
increased from 7,88,000 to 9,10,000 for SCs and from 2,45,000 to 3,69,000 for STs during the
period, 1978-2004. The percentage of total employees also improved between 1978 and 2004;
from 15 per cent to 17 per cent in the case of SCs and from 4.7 per cent to 6.9 per cent in the
case of STs. If we also include the public sector insurance companies along with the
aforementioned three services, then the aggregate number of employees in the employment
sector for the year 2000 (the latest year for which comparable data is available) comes to
10,70,000 for SCs and 423,000 for STs. It may be mentioned that these do not include many
other government spheres like educational institutions and others. If we did, the absolute number
of employees in reserved seats will increase further. Thus, during the last fifty years or so, the
share of SC/STs in the government services has improved quite significantly. There are,
13
however, variations between different types of jobs . Generally, reservation is fairly
proportionate to the required percentage in group C and D jobs, but unsatisfactory in the case of
A and B category jobs. For effective implementation of reservation policy in jobs, the
Government has tried to developed some safeguards which include maintenance of Model
Roaster for identifying posts under reservation, separate interview of SC/ ST candidates, special
office with liaison officers to oversee Reservation policy in each office, representatives of
SC/STs on selection boards, banning de-reservation of reserved posts, banning the full exchange
of posts with general category candidates if SC/ST category are not available and other
measures. However, reservation in employment and educational institutions, fall short of the
target in some categories of jobs. There is a tendency towards clustering of reservations in
certain categories of services, departments and grades. For instance, in 2003, the lower
categories of jobs, i.e. C and D grade posts, accounted for almost 95 per cent of the total SC/ST
posts under reservation in government. Though the target in case of grade C and D jobs are fairly
close to the reservation percentage earmarked: 16 per cent for SCs and 8 per cent for STs, but in
grade A and B jobs, and also in several categories of technical and university jobs, the fulfillment
of quotas fell short. Also, the slow pace of the process of achieving reservation is a major

13
Nishith Prakash, The Impact of Employment Quotas on the Economic Lives of Disadvantaged Minorities in India,
datmouth, (Oct.6,2017, 10:08 PM), http://www.dartmouth.edu/~prakash/Prakash_Job_Market_2010.pdf

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impediment to fulfilling reservation quotas. Implementation of reservations at the practical level
faces immense resistance from various spheres. This is reflected in the delay in making
provisions, in filling up the posts and resorting to courts for implementation. The magnitude of
resistance is much intense in higher-grade jobs and more so, in technical educational
institutions14. It is less in lower categories of jobs and in admissions to institutions other than
technical. Delay and resistance in provision making and in filling up posts is particularly
prevalent in the case of State aided autonomous institutions which are required to get approval of
their decision making bodies for reservation.

4.2 Education

In the case of admission in educational institutions, the availability of assessments about the
impact of reservation in higher education is limited. The limited evidence indicates that the
student enrolment has increased under reservation.. In 1981, one estimate put the proportion of
graduate students around 3.3 per cent for SCs and 0.8 per cent for STs which is highly
disproportionate to the actual population share of SC/STs. By the late 1990s, the proportion of
SC students to the total number of students enrolled rose to 7.8 per cent and for the STs, it rose to
2.7 per cent. This is nevertheless low if we look at the actual share of the SC/ST population to
the total population 16 per cent and 8 per cent respectively. Hence, it is difficult to estimate
how many SC/ST students have benefited by the reservation policy15. One estimate indicates that
in 1996/97, roughly 5,10,000 SC students and 1,80,000 ST students were enrolled. Of these,
roughly about 2,00,000 students from both the categories may have been enrolled in desirable
programmes in higher education where reservation matters. Weisskopf (2005) estimates
conclude that about a third of SC/ST students enrolled in universities were pursuing higher
education in desirable programmes because of the reservation policy. This implies that out of the
approximately 7,00,000 SC/ST students attending universities, only a portion of them are
enrolled into programmes of their choice; SC/STs obtain a much lower share in preferred
institutions. In many cases, despite reservation being the norm, it is accepted only in theory and

14
supra note 4
15
Thomas E. Weisskopf, Impact of Reservation on Admissions to Higher Education in India, Vol. 39, EPW 4339,
4339 (2004)

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defies implementation of any sorts. Therefore, there is a substantial amount of catching up to do
in order to reach the required level of 16 per cent and 8 per cent reservation for SC/STs.

4.3 Legislature

The constitutional provisions for reservation in public sector employment and educational
institutions are mere authorizations empowering the State to make special provisions in favour of
discriminated groups. But, the legislative reservations are specifically provided in the
Constitution itself. Legislative seats in each state are reserved in proportion to the population of
SC/STs in the state. Thus, in 2004, 75 seats (13.81 per cent) of 543 seats in Lok Sabha were
reserved for SCs and 41 seats (7.55 per cent) for STs. Of the total number of seats reserved in all
the states legislative assemblies (Vidhan Sabhas), more than 2000 seats were reserved for SC
and STs. In the case of political reservation, two problems continue to receive attention. Firstly,
the Government has been delaying the updating of the percentage share of seats for SC/STs in
the central and state legislatures as per the recent changes in population figures 16. The present
allocation of seats for SC/ST is based on the population census of 1981, whereby the population
share of SCs is about 14 per cent and STs about 7.55 per cent. Whereas, according to the latest
population census of 2001, their population is about 17 per cent for SCs and 8.50 per cent for
STs. Thus, both groups continue to suffer from under-representation in central and state
legislatures. Another issue relates to the quality of representation afforded by the SC/ST
representatives in the legislative bodies. Of course, it cannot be denied that political reservation
does provide substantial quantitative presence of the SC/STs in the legislative bodies, which
would otherwise have been completely nil, if not for political reservations. Nonetheless, the
activities of SC/ST representatives are presumably microscopic and concentrated on matters that
affect these groups only. Also, their effectiveness in representing the interests of the
marginalised groups is most evident in their dealings on matters directly related to their welfare.
However, there have been studies that have made the observation that there is a problem of low
participation, less articulation, less assertiveness and less independence of SC/ST representatives
than their colleagues belonging to high castes. To the extent that the problem of quality of
representation exists, it may be attributed to the structural constraints imposed by the
arrangement for reserved seats or the method of election under reservation (Galanter, 1991).

16
MULCHAN S. RANA, RESERVATIONS IN INDIA, ( Concept Publishing Company (2008))

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Often, a legislator elected through reserved seat, especially a SC, is responsible to and dependent
upon a constituency made up overwhelmingly of non-members (or high caste members)17. To the
extent that the legislator is dependent on high caste vote and is thus, obliged to support them;
thus a SC legislative candidate suffers from the limitation of not being able to represent fully the
interests of SC/STs, who themselves happen to be a minority in most of the reserved
constituencies. This arrangement acts as a filter in keeping the divergent interests of these groups
from unifying and checks direct and forceful expression of their grievances and interests. It is
precisely because of this limitation of political reservation that Ambedkar had suggested an
alternative arrangement or method of election of SC/ST representatives, namely separate
electorate as against reservation of seats. The separate electorate would have ensured the
representation of more independent and representative legislature of SC/STs in legislature.

4.4 Reservation in Private Sector18

Affirmative Action Policy One of the general qualms about public sector reservation policy in
employment and admission to educational Institutions is that it applies to a tiny government and
government supported sectors and excludes a large private sector. For instance, in employment,
the reservation policy excludes private employment where more than 90 per cent of the SC/ST
workforce is engaged; with the result that there is lack of protection against practices of
exclusion and discrimination in the private sector. There is notable exclusion in the following

17
Id
18
G. Thimmaiah, Implications of Reservations in Private Sector, Vol. 40, EPW 745, 745 (2005)

19 | P a g e
sectors private industrial, services and agricultural. Similarly, the entire private owned
educational institutions are excluded from the provision of reservation policy. It is only after the
introduction of policy of privatization and back-door de-reservation of government employment
in the early 1990s that the demand for reservation in private sector has picked up. And at present,
the Government has set up Group of Ministers to develop a consensus between the Government
and the private sector for adoption of Affirmative Action Policy for private sector. The informal
type of affirmative action policy in the private sector, with a group target approach, has helped
the SC/STs to some extent. However, the net gains are limited in nature since the disparities
between the SC/STs and the non-SC/STs, with respect to the main indicators of human
development, continue. It is rather difficult to disaggregate the impact of informal affirmative
action policy, as well as, of formal reservation policy, on the human development of SC/STs.

4.5 Human Development of the Scheduled Castes and Scheduled Tribes

It is possible to look at some of the indicators of human development in order to capture the
aggregate impact of formal and informal affirmative action policies, as well as, the general
economic and social development trends. Over time, there has been a positive improvement in
the human development of SC/STs. The positive changes are reflected in the aggregate indicators
of human development income level, employment, social needs like education and health, and
ultimately, in poverty. During 1983/84 and 1999/2000, we observed an improvement in the
monthly per capita consumption expenditure (proxy indicator for income), literacy rate and
incidence of poverty of SC/STs. As mentioned earlier, the share of SC/ST employees in
government sector has significantly improved and apparently, it had positive multiplier effects
on the social and economic situation of these two disadvantaged groups 19. However, it needs to
be recognized that, although there has been some improvement as reflected in some of these
indicators, improvement in relation to non SC/ST is low, or lower than the rate which is required
to bridge the gap between SC/ST and Non SC/ST groups. Hence, the disparities between SC/STs
and non SC/ST have not been reduced substantially so as to bridge the gap to a reasonable level.
Consequently, the socially marginalized groups of SC/STs lag behind the non SC/ST section of

19
Manoj C.J., Human Development Index: Gap remains between SCs, STs and other social groups,
TheIndianExpress, (Oct.6, 2017, 11:20 PM), http://indianexpress.com/article/india/human-
development-index-gap-remains-between-scs-sts-and-other-social-groups-4511257/

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the Indian population with respect to attaining the desirable level in human development. For
instance, in 2000, the infant mortality rate was higher among the SC/ STs as compared to non
SC/ST. Similarly, compared with non SC/ST, the literacy rate among the SC/STs is lower by 14
per cent and 21 per cent, respectively. The SC/STs monthly per-capita expenditure is less by
about 25 per cent and 34 per cent respectively, as compared with consumption expenditure of
non SC/ST. Again compared with non SC/ST, the incidence of aggregate poverty is 70 per cent
and about 100 per cent higher among the SC/STs respectively. The percentage of under-
nourished children among the SC/STs is higher by 23 per cent and 27 per cent, respectively.
Finally, the SC/STs access to public health services, compared with non SC/ST, is less by 23
per cent and 44 per cent. Thus, despite an improvement at the level of individual indicators, the
level of human development among the SC/STs as compared to non SC/ST in 2000 is relatively
lower.

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 5. PROVISIONS RELATED TO RESERVATION SYSTEM IN INDIA

Indias affirmative action policy, more popularly known as Reservation Policy, is authored by
the provisions in the Indian Constitution which was adopted in 1950, though its initiation at the
country level dates back to the early 1930s. The two important features of the provision in the
constitution which needs to be acknowledged for the purpose of this working paper are: the
principle of Non-discrimination and Equal opportunity and the provisions enshrined in the
Constitution empowering the State to take steps to ensure equal opportunity. Article 16 provides
for equality of opportunity for all citizens in the matters relating to employment or appointment
to any office under the State. It bans discrimination, particularly in any employment or
appointment to any office under the state on grounds of religion, race, caste, sex, descent, place
of birth, residence, or any of them. In fact Article 17 abolished the institution of untouchability
which sanctified discrimination and exclusion of the erstwhile untouchables20. The Article states:
Untouchability is abolished and its practice in any form is forbidden. Accordingly, the
Constitution empowered the state with the responsibility to ensure non-discrimination and equal
opportunity in practice. Article 46, a Directive Principle of State Policy states: The State shall
20
Akash Shah, Critical Analysis on reservation policy in India, legalservicesindia, (Oct. 6, 2017, 11:46 PM),
http://www.legalservicesindia.com/article/article/critical-analysis-on-reservation-policy-in-india-1331-1.html

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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. Such provisions in the constitution
relates to government services, education, political representation and others.

5.1 Government Services

The constitution provides for both appointment and promotion in the government services.
Article 16 (4) empowers the State to make any provision for the reservation in appointments, or
posts in favour of any backward class of citizens. Article 16 (4 A) enables the State to make
provision for reservation in matters of promotion to any group or groups of posts in the services
under the State in favour of the SCs and STs. Article 335 states: The claims of the members of
the Scheduled Castes and Scheduled Tribes shall be taken into consideration, consistently with
the maintenance of efficiency of administration, in the making of appointments of services and
posts in connection with the affairs of the Union or of a State21.

5.2 Education22

In the case of education, the provision relates to non-discrimination in educational institutions,

equal representations, and measures for educational promotions. Article 15 (4) states that
Nothing in this article shall prevent the State from making any special provision for the
advancement of any socially and educationally backward classes of citizens or for the Scheduled
Castes and the Scheduled Tribes. Article 29(2) provides protection for admission and against
discrimination in any educational institution maintained by the State or receiving aid out of State
funds on grounds only of religion, race, caste, language or any of them.

5.3 Political Safeguards

The constitution empowers the State to take steps to provide due representation to the SC/STs.
Various articles contains provisions for the reservation of seats for the SC/STs in the nations
legislative bodies in proportion to their population: Central Legislative Assembly (Article 330),

21
P.P. VIJAYAN, RESERVATION POLICY AND JUDICIAL ACTIVISM, (Kalpaz publications) (2006)
22
Id

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Legislative Assembly of the States (Article 332), in Municipalities (Article 243 T), in various
Panchayat (local self government) level bodies, namely, village, taluk (block) and district
(Article 243 D).

Article 15(4) Special Provision for Advancement of Backward Classes-23

Article 15(4) is an exception to clauses 1 and 2 of Article 15, and it was added by the
Constitution (1st Amendment) Act, 1951, as a result of the decision in State of Madras v.
Champakam Dorairajan 24 . In this case, the Madras Government had reserved seats in State
Medical and Engineering colleges for different communities in various proportions on the basis
of religion, caste and race. The state defended the law on the ground that it was enacted with a
view to promote the social justice for all the sections of the people as required by Article 46 of
the Directive Principles of State Policy. The Supreme Court held the law void because it
classified students on the basis of caste and religion irrespective of merit. To modify the effect of
the decisions, Article 15 was amended by the Constitution (1stAmendment) Act, 1951. Under this
clause, the state is empowered to make provisions for the advancement of any socially and
educationally backward classes of citizens or for the Scheduled Castes and Scheduled Tribes.
After the amendment, it became possible for the state to put up a Harijan Colony in order to
advance the interest of the backward classes.

Constitution (93rd amendment) Act, 2006: Provision for Reservation of Backward, SC and

ST classes in private educational institutions (article 15(5))

The new clause 5 provides that nothing in Article 15 or in sub- clause (g) of Clause 1 of Article
19 shall prevent the state from making any special provisions, by law, for the advancement of
any socially and educationally backward classes of citizens or for the Scheduled Castes or the
Scheduled Tribes in so far as such special provisions relate to admission to educational

23
RESERVATION:Under articles 15 and 16 of the constitution, Legal Bite, (Oct.6, 2017, 12:23 AM),
https://www.legalbites.in/law-notes-constitution-reservation/
24
AIR 1951 SC 226

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institutions including private educational institutions, whether aided or unaided by the State,
other than the minority educational institutions referred to in Clause (1) of Article 30..

The above-mentioned amendment has been enacted to nullify the effect of three decisions of the
Supreme Court in TM Pai Foundation v. State of Karnataka 25 , Islamic Academy v. State of
Karnataka26 and P.A Inamdar v. State of Maharashtra27. In T.M Pai and P.A. Inamdar case, it
had been held that the state cannot make reservations of seats in admissions in privately run
educational institutions. In Islamic Academy case, it had been held that the state can fix quota for
admissions to these educational institutions but it cannot fix fee, and also admission can be done
on the basis of common admission test and on the basis of merit. This Amendment enables the
state to make provisions for reservation for the above categories of classes in admission to
private educational institutions. The Amendment, however, keeps the minority educational
institutions out of its purview. Article 15 prohibits discrimination on the ground of religion. The
evil effect of reservation is well known. The politicians who claim to take the country to the
21st century for which higher education is based on merit is essential, is taking a retroactive step
in providing reservation to less meritorious students to private educational institutions. This
appeasement policy of the government may get them some benefit in elections, but it would be
harmful to the Nation.

Reservation of posts in public employment on the basis of residence (Article 16(3))

Article 16(3) is an exception to clause 2 of Article 16 which forbids discrimination on the ground
of residence. However, there may be good reasons for reserving certain posts in State for
residents only. This article empowers Parliament to regulate by law the extent to which it would
be permissible for a state to depart from the above principle.

25
AIR 2003 SC 355
26
AIR 2003 SC 3724
27
AIR 2005 SC 3226

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Reservation for backward classes in public employment (Article 16(4))

Article 16(4) is the second exception to the general rule embodied in Articles 16(1) and (2). It
empowers the state to make special provision for the reservation in appointments of posts in
favor of any backward class of citizens which in the opinion of the State are not adequately
represented in the services under the State28.

Article 17 talks about the abolition of untouchability and declares its practice in any form to be
an offense punishable under law.

The Social Security Charter of Directive Principles of State Policy under Article 39-Adirects
the State to ensure equal justice and free legal aid to Economically Backward Classes and
under Article 45 imposes a duty on the state to raise the standards of living and health of
backward classes.

Articles 330-342 talk about the special provisions for the certain class of people such as
Scheduled Castes, Scheduled Tribes, Anglo Indians, Linguistic minorities and OBC.

28
CHOWDHURI JOY PRAKASH, CASTE SYSTEM, SOCIAL INEQUALITIESAND RESERVATION POLICY
IN INDIA, (LAP Lambert Academic Publishing (5 June 2012))

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 6.RESERVATION SYSTEM IN OTHER COUNTRIES

6.1 CANADA29

Employment equity, as defined in Canadian law by the Employment Equity Act, requires
employers to engage in proactive employment practices to increase the representation of four
designated groups: women, people with disabilities, Aboriginal peoples, and visible minorities.
The Act states that "employment equity means more than treating persons the same way but also
requires special measures and the accommodation of differences."

The Act requires that employers remove barriers to employment that disadvantage members of
the four designated groups. The term reasonable accommodation is often used for the removal of
such barriers to employment. Examples of employment barriers are wheelchair inaccessible
buildings, or practices that make members of a designated group uncomfortable. Employers are
also required to institute positive policies for the hiring, training, retention, and promotion of
members of the designated groups. Examples of positive policies include recruitment in
Aboriginal communities, job advertisements in a Chinese-language newspaper, or an apprentice
program directed toward people with disabilities.

6.2 UNITED KINGDOM30

The Equality Act 2010 is an Act of Parliament of the United Kingdom, and has the same goals
as the four major EU Equal Treatment Directives, whose provisions it mirrors and implements.

The primary purpose of the Act is to codify the complicated and numerous array of Acts and
Regulations, which formed the basis of anti-discrimination law in Great Britain. This was,
primarily, the Equal Pay Act 1970, the Sex Discrimination Act 1975, the Race Relations Act
1976, the Disability Discrimination Act 1995 and three major statutory instruments protecting
discrimination in employment on grounds of religion or belief, sexual orientation and age. It
requires equal treatment in access to employment as well as private and public services,
regardless of the protected characteristics of age, disability, gender reassignment, marriage and
civil partnership, race, religion or belief, sex, and sexual orientation. In the case of gender, there
are special protections for pregnant women. The Act does not guarantee transsexuals' access to
gender-specific services where restrictions are "a proportionate means of achieving a legitimate
aim". In the case of disability, employers and service providers are under a duty to
make reasonable adjustments to their workplaces to overcome barriers experienced by disabled

29
Employment Equity, Canadian Human Rights Commission, (Oct.6, 2017, 10:26 PM), https://www.chrc-
ccdp.gc.ca/eng/content/employment-equity
30
Equality Act 2010:Guidance, GOV.UK, (Oct.6, 2017, 10:40 PM), https://www.gov.uk/guidance/equality-act-
2010-guidance

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people. In this regard, the Equality Act 2010 did not change the law. Under s.217, with limited
exceptions the Act does not apply to Northern Ireland.

6.3 CHINA31

In the People's Republic of China the government had instated affirmative action policies
called Youhui zhengce when it began in 1949 and became an explicit policy in the mid-1980s.
The policies giving preferential treatment to ethnic minorities in China were modeled after those
by the Soviet Union. Three principles are the basis for the policy: equality for national
minorities, territorial autonomy, and equality for all languages and cultures. The dissolution of
the USSR was studied by China; economic inequalities and power imbalances were found to be
the cause of the collapse, and the findings led to a new policy, Law on Autonomy for Minority
Regions.

No taxes in minority regions are required to be sent to the central government; all of it can be
spent locally. Minorities receive proportional representation in local government. Higher-level
jurisdictions ask lower-level minority areas to put forth "extensive efforts to support the country's
construction by providing more natural resources" and in exchange gives them infrastructural
subsidies such as personnel training, budgetary subventions, and disproportionate public works
investments. The Chinese government encourages business to hire minorities and offers no-
interest loans to businesses operated by minorities. Prominent government posts may be filled
with "model" citizens who are also minorities. There is a system of universities exclusively for
minority students. The government established bilingual programs to help minorities
learn Mandarin Chinese. Scholars are creating alphabets for minority languages that had not been
previously written as a way of preserving those languages. The Chinese government officially
allows minority parents to have two children per family instead of the one demanded for Han
people as part of the One Child Policy.

6.5 SRI LANKA32

The policy of standardization was a policy implemented by the Sri Lankan government in
1971 to rectify disparities created in university enrollment in Sri Lanka under Colonial rule. In
1972, the government added a district quota as a parameter within each language. In 1946
minister C. W. W. Kannangara introduced free education in all the government institutions in Sri
Lanka. Government funded all the money by bearing the expenses. 30% of university places
were allocated on the basis of island-wide merit; half the places were allocated on the basis of

31
https://en.wikipedia.org/wiki/Affirmative_action_in_China#cite_note-NYT-5
32
Policy of Standardization, Revolvy, (Oct.6, 2017, 11:16 PM),
https://www.revolvy.com/main/index.php?s=Policy%20of%20standardization&item_type=topic

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comparative scores within districts and an additional 15% reserved for students from under
privileged districts.

6.6 TAIWAN33

The Council of Indigenous, formerly known as the Council of Aboriginal Affairs, is a ministry-
level body under the Executive Yuan in the Republic of China (Taiwan). It was established to
serve the needs of the country's indigenous populations, as well as a central interface for the
Taiwan's indigenous community with the government.

The Council promotes the use and revitalization of Taiwan's aboriginal languages, supported
legislation that would grant autonomous land to indigenous peoples, strengthened relations
between Taiwan's indigenous groups and those in other countries, and raised awareness of
aboriginal cultures. Among its responsibilities, it grants recognized status to indigenous tribes of
Taiwan.

The Council has been criticized by both indigenous and non-indigenous individuals and groups.
These criticisms tend to accuse the Council of ineffectiveness, and of discriminating
against plains aborigines. After the enactment of a 2000 law which required the Taiwanese
government to either allocate time slots on public television to aboriginal culture and education
or to create a channel solely devoted to aboriginal issues, the Council began to push for a channel
to be made. In 2005, the channel was finally created, becoming the first such channel in Asia.

6.7 UNITED STATES OF AMERICA34

Affirmative action in the United States is a set of laws, policies, guidelines, and administrative
practices "intended to end and correct the effects of a specific form of discrimination." These
include government-mandated, government-sanctioned, and voluntary private programs that tend
to focus on access to education and employment, specifically granting special consideration to
historically excluded groups such as racial minorities or women. The impetus toward affirmative
action is redressing the disadvantages associated with past and present discrimination. Further
impetus is a desire to ensure public institutions, such as universities, hospitals, and police forces,
are more representative of the populations they serve.

In the United States, affirmative action tends to emphasize not specific quotas but rather
"targeted goals" to address past discrimination in a particular institution or in broader society

33
Taiwan council of Indigenous Peoples Meets with Commission, First Nations Tax Commission, (Oct.6,2010, 11:28
PM), http://fntc.ca/taiwan-council-of-indigenous-peoples/
34
Affirmative Action, National Conference of State Legislature, (Oct. 6, 2010, 11:55 PM),
http://www.ncsl.org/research/education/affirmative-action-overview.aspx

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through "good-faith efforts ... to identify, select, and train potentially qualified minorities and
women." For example, many higher education institutions have voluntarily adopted policies
which seek to increase recruitment of racial minorities. Another example is executive
orders requiring some government contractors and subcontractors to adopt equal opportunity
employment measures, such as outreach campaigns, targeted recruitment, employee
and management development, and employee support programs.

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 7. CASE LAWS

7.1 Indra Sawhney V. Union of India35 The Mandal Case

The 9 Judge Constitution Bench of the Supreme Court by 6:3 majority held that the decision of
the Union Government to reserve 27% Government jobs for backward classes provided socially
advanced persons- Creamy Layer among them are eliminated, is constitutionally valid. The
reservation of seats shall only confine to initial appointments and not to promotions, and the total
reservations shall not exceed 50 percent. The court accordingly partially held the two impugned
notifications (OM) dated August 13, 1990, and September 25, 1991, as valid and enforceable but
subject to the conditions indicated in the decision that socially advanced persons- Creamy layer
among Backward Classes are excluded. However, the court struck down the Congress
Governments OM reserving 10% Government jobs for economically backward classes among
higher classes.

35
AIR 1993 SC 477

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After the landmark Mandal case, Article 16(4-A) (through 77th Amendment) and 16(4-B)
(through 81st Amendment) were added. According to clause 4-A, nothing in this Article shall
prevent the state from making any provision for reservation in matters of promotion to any class
or classes of posts in the service of state in favour of the Scheduled Castes and Scheduled Tribes
which in the opinion of the State, are not adequately represented in the services under the State.

Clause 4-B seeks to end the 50% ceiling on the reservation for SCs/STs and BCs in backlog
vacancies which could not be filled up in the previous years due to the non- availability of
eligible candidates.

85th Amendment Act replaces the words in matters of promotion to any class in clause 4- A of
Article 16 with words in matters of promotion, with consequential seniority, to any class.

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7.2 Ashok Kumar Thakur vs. Union Of India36

Ashoka Kumar Thakur v. Union of India is an Indian public interest litigation case challenging the
conclusion of the Mandal Commission that about 52% of the total population of India belonged
to Other Backward Classes classification. The National Sample Survey Organisation had
estimated the OBC segment to be 32 per cent.

In April 2006, the government decided to reserve nearly 27% of seats for students from the OBC
segment in institutes of higher learning in India. This would have reduced the seats for a general,
unreserved candidate to about 50% (after taking into account other reserved seats). The Indian
parliament passed a bill to bring out an amendment in the constitution in this regard. Thakur
challenged the validity of the amendments. On 10 April 2008, the Supreme Court of India upheld
the Government's 27% OBC quotas in Government funded institutions. The Court categorically
reiterated its prior stand that "Creamy Layer" should be excluded from the ambit of reservation
policy and private institutions are also not to be included in. The verdict produced mixed
reactions. Several criteria to identify creamy layer has been recommended, which are as follows:

Those with family income above Rs 250,000 a year should be in creamy layer, and excluded
from the reservation quota. Also, children of doctors, engineers, chartered accountants, actors,
consultants, media professionals, writers, bureaucrats, defence officers of colonel and equivalent
rank or higher, high court and Supreme Court judges, all central and state government Class A
and B officials. The court has requested Parliament to exclude MPs and MLAs children, too.

JUDGEMENTS:

1. The Constitution (Ninety-Third Amendment) Act, 2005 does not violate the "basic structure"
of the Constitution so far as it relates to the state maintained institutions and aided educational
institutions.

2. "Creamy layer" principle is one of the parameters to identify backward classes. Therefore,
principally, the "Creamy layer" principle cannot be applied to STs and SCs, as SCs and STs are
separate classes by themselves.

3. The Parliament should fix a deadline by which time free and compulsory education will have
reached every child. This must be done within six months, as the right to free and compulsory
education is perhaps the most important of all the fundamental rights (Art.21 A). For without
education, it becomes extremely difficult to exercise other fundamental rights.

4. Held that the determination of SEBCs is done not solely based on caste and hence, the
identification of SEBCs is not violative of Article 15(1) of the Constitution.

36
2008(56) BLJR1292

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 8. CONCLUSION AND SUGGESTION

The reservation policy in India was adopted with a reason to uplift certain castes who were
subjugated to atrocities, social and economic backwardness due to the prevalent dominance of
caste system in Hindu Society.

This reason has somewhere lost its essence in the modern era, and the castes that should be
actually benefitted are not being benefitted, and the others are reaping the benefits of the
reservation system that are actually not meant for it. Today, the reservation system has just
become a tool for politicians to gain vote banks. The recent agitation from the Patels of Gujarat
to include them in the category of OBC was shocking for the entire nation, as the people who
were agitating to get reservations in the state of Gujarat were in no ways socially and
economically backward.

In the State of Tamil Nadu, the reservation system proved to be a havoc for the society wherein
the Brahmans had very cleverly churned themselves down in the league of the backward
bandwagon and had gained enormously from the reservation system.

For these possible reasons, the Creamy Layer has been excluded from the list of Scheduled
Castes, Scheduled Tribes and OBC after the landmark Mandal Case.

In one of the landmark decisions of Ashok Kumar Thakur v. Union of India, Justice Ravindran
smelling the dangers from the present trend on the reservation had rightly opined that when more
people aspire for backwardness instead of forwardness, the Country itself stagnates.

It is quite impossible to declare Reservation policy as good or bad as those benefitting from it
would always support it and declare it to be good while those who are being at a loss because of
the system would always curse it and declare it to be bad. But what matters the most is not that
whether the reservation policy is good or bad instead what matters is the idea and the reason

34 | P a g e
behind its adoption. If that reason is losing its essence, then, of course, the reservation policy
would gradually turn out to be bad.

The political indulgence in the process of reservation has merely reduced from a noble idea to a
strategy to increase the vote bank. Moreover, a lot of criticism has been made on the criteria of
reservations. The socially and economically backward classes are not actually in practical and
real sense socially and economically backward, the only stamp of being from a backward caste is
enough to gain profits in the name of reservations.

The reservation policy is good till the point some deserving candidate is not missing upon his
opportunity because of the prevalent reservation system. I find no reason for giving admissions
to undeserving students over deserving students. If these classes of people have been denied
opportunities in past, then the scenario is being repeated with the general class in the present.
The undeserving should not reap the fruits of the labor of the deserving.

We also need to understand that when we talk about development then simultaneously we cannot
talk about backwardness. If we would demand more and more backwardness, then it is obvious
we cannot move forward, and we will not be able to move forward, our progress would
ultimately get stagnant.

It is also important that the essence of the idea of the adoption of reservation policy should be
maintained, and the actual backward classes who are in real and not fiction denied access to
education, job opportunities etc be benefitted.

This reservation policy should not become a ladder to climb on the stairs of profit, money and
other related interests for those who are just roaming with the stamp of being a backward class
and are actually socially and economically much more stable than the general class.

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 9. BIBLIOGRAPHY

PRIMARY SOURCES
1. Constitution Of India

2. 85th Constitutional Amendment Act 2001

3. The Constitution (Ninety-Third Amendment) Act, 2005

SECONDARY SOURCES
BOOKS-
1. Sahoo, Niranjan Reservation Policy and its implementation across domain in
India:An Analytical review
(Academic Foundation (1 November 2009))

2. Sukhdeo & Chittaranjan Reservation in Employment, Education, and legislature-status and

emerging issues (Working Paper Series 2007)

3. Rana, Mulchan Reservations In India ( Concept Publishing Company (2008))

4. Vijayan, P.P Reservation policy and judicial activism, (Kalpaz publications)

(2006)

5. Prakash, Chowdhuri Caste System, Social Inequalities and Reservation Policy in India,
(LAP Lambert Academic Publishing (5 June 2012))

JOURNAL ARTICLE-
1. Thomas E. Weisskopf, Impact of Reservation on Admissions to Higher Education in India,
Vol. 39, EPW 4339, 4339 (2004)

2. G. Thimmaiah, Implications of Reservations in Private Sector, Vol. 40, EPW 745, 745 (2005)

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INTERNET-
1. www.knowledgeofindia.com
2. www.realityviews.in
3. www.youthkiawaaz.com
4. www.blog.ipleaders.in
5. www.hindustantimes.com
6. www.legalservicesindia.com
7. www.indiatvnews.com
8. www.dartmouth.edu
9. www.indianexpress.com
10. www.gov.uk
11.www.ncls.org

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