RESERVATIONS IN INDIA

RITWIZ RISHABH 2010-2015 B.A.LL.B 02316503810

UNIVERSITY SCHOOL OF LAW AND LEAGAL STUDIES

GURU GOVIND SINGH INDRAPRASTHA UNIVERSITY

DELHI-110403

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RESERVATIONS IN INDIA

Some of the facts and informations used are borrowed from internet sites and research work done by scholars and institutions. [2]

INDEX
1. INTRODUCTION 2. HISTORY 3. TIMELINE 4. JUDGEMENTS RELATED TO RESERVARTION 5. TYPES OF RESERVATION 6. RELAXATIONS 7. ARGUMENTS AND SUGGESTIONS 4-5 6 79 10 13 13 16 17 18 - 21

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INTRODUCTION
Reservation means the act of reserving; a keeping back or withholding or something that is kept back or withheld or a limiting qualification, condition, or exception. Since the time before the independence of India, there were many small classes or groups in country, who were badly oppressed by the upper classes or the rulers of colonial India. This oppression forced these minority classes to remain in status quo, resulting in there backwardness due to no social and educational growth. Most of these groups were result of the wrong interpretation of Indias Ancient Caste System or the Varna System. These groups were mainly of lower castes people and people of backward communities, now known as SC, ST and OBCs. After the independence of India, Indian Government now provides for a quota system whereby a percentage of posts are reserved in employment in Government and in the public sector units, and in all public and private educational institutions, except in the religious/ linguistic minority educational institutions, in order to mitigate backwardness of the socially and educationally backward communities and lower classes, who do not have adequate representation in these services and institutions or the society. The reservation policy is also extended to the Scheduled Castes and Scheduled Tribes for representation in the Parliament of India, as without the political involvement they cant totally come out of there backwardness. The central government of India reserves 27% of the seats in the higher educational institution for the SC, ST and OBCs. Apart from this individual State Governments may increase the reservation percentage further in there respective states. 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 which includes a 14% reservation for forward castes. Reservations are intended to increase the social diversity in campuses and workplaces by lowering the entry criteria for certain identifiable groups that are grossly under-represented in proportion to their numbers in the general population. Caste is the most used criteria to identify under-represented groups. However there are other identifiable criteria for under-representationgender (women are under represented), state of domicile (North Eastern States, as Bihar and Uttar Pradesh are underrepresented), rural people, etc. -- as revealed by the Government of India sponsored National Family Health and National Sample surveys. The underlying theory is that the under-representation of the identifiable groups is a legacy of the Indian caste system. After India gained independence, the Constitution of India listed some erstwhile groups as Scheduled Castes (SC) and Scheduled Tribes (ST). The framers of the Constitution believed that, due to the caste system, SCs and the STs were historically oppressed and denied respect and equal

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opportunity in Indian society and were thus under-represented in nation-building activities. The Constitution laid down 15% and 7.5% of vacancies to government aided educational institutes and for jobs in the government/public sector, as reserved quota for the SC and ST candidates respectively for a period of five years, after which the situation was to be reviewed. This period was routinely extended by the succeeding governments. Later, reservations were introduced for other sections as well. The Supreme Court ruling that reservations cannot exceed 50% (which it judged would violate equal access guaranteed by the Constitution) has put a cap on reservations. However, there are states laws that exceed this 50% limit and these are under litigation in the Supreme Court. For example, the caste-based reservation fraction stands at 69% and is applicable to about 87% of the population in the state of Tamil Nadu and the 68% purposed by the state of Rajasthan (mentioned above) .

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History
Reservations in favour of Backward Classes (BCs) were introduced long before Independence in a large area, comprising the Presidency areas and the Princely States south of the Vindhyas. Chatrapati Sahuji Maharaj, Maharaja of Kolhapur in Maharashtra introduced reservation in favour of backward classes as early as 1902 to eradicate poverty from amongst them and to give them their due share in the State administration. The notification of 1902 created 50% reservation in services for backward classes/communities in the State of Kolhapur. This notification is the first Government Order providing for reservation for the welfare of depressed classes in India. The concept of untouchability was not practiced uniformly throughout the country; the identification of oppressed classes was not an easy task. The practice of segregation and untouchability prevailed more in the southern parts of India and was more diffused in Northern India. An additional complexity is that there are certain castes/ communities, which are considered as untouchables in one province but not in other provinces. Some castes, based on traditional occupations, find place in both Hindu and non-Hindu communities. Listing of castes has had a long history, starting from the earliest period of our history with Manu. Medieval chronicles contain description of communities located in various parts of the country. During the British colonial period, listings were undertaken after 1806, on an extensive scale. The process gathered momentum in course of the censuses from 1881 to 1931. The Backward Classes movement also first gathered momentum in South India particularly in Tamil Nadu. The continuous efforts of some of the social reformers of the country like Jyotiba Phule and B.R. Ambedkar, completely demolished the wall created by the upper classes between them and the untouchables. India is divided into many endogamous groups, or castes and sub-castes, as a result of centuries of practicing a form of social hierarchy called the caste system. Proponents of reservation policy says that the traditional caste system, as it is practised, leads to severe oppression and segregation of the lower castes and limited their access to various freedoms, including education. Caste, according to ancient scriptures such as "Manu Smriti", is "Varnasrama Dharma", which translates to "offices given according to class or occupation". "Varna" in Varnasrama (Varna + Ashrama) is not to be confused with the same word meaning 'colour'. The practice of caste in India followed this rule.

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Time Line
1882 - Hunter Commission appointed. Mahatma Jyotiba Phule made a demand of free and compulsory education for all along with proportionate reservation/representation in government jobs. 1891-The demand for reservation of government jobs was made as early as 1891 with an agitation in the princely State of Travancore against the recruitment of non-natives into public service overlooking qualified native people. 1901-Reservations were introduced in Maharashtra in the Princely State of Kolhapur by Shahu Maharaj. Reservations in the princely states of Baroda and Mysore were already in force. 1908-Reservations were introduced in favour of a number of castes and communities that had little share in the administration by the British. 1909- Provisions were made in the Government of India Act 1909. 1919- Montagu-Chelmsford Reforms introduced. 1919 - Provisions were made in the Government of India Act 1919. 1921-Madras Presidency introduces Communal G O in which reservation of 44 per cent for nonBrahmins, 16 per cent for Brahmins, 16 per cent for Muslims, 16 per cent for Anglo-Indians/ Christians and eight per cent for Scheduled Castes. 1935-Indian national congress passes resolution called Poona Pact to allocate separate electoral constituencies for depressed classes. 1935 - Provisions in Government of India Act 1935. 1942-B.R. Ambedkar established the All India Depressed Classes Federation to support the advancement of the scheduled castes. He also demanded reservations for the Scheduled castes in government services and education. 1946- 1946 Cabinet Mission to India proposes proportionate representation with several other recommendations. 1947-India obtained Independence. Dr. Ambedkar was appointed chairman of the drafting committee for Indian Constitution. The Indian constitution prohibits discrimination on the grounds only of religion, race, caste, sex and place of birth. While providing equality of opportunity for all citizens, the constitution contains special clauses "for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes". Separate constituencies allocated to Scheduled Castes and Tribes to ensure their political representation for 10 years.(These were subsequently extended for every 10 years through constitutional amendments). 1947-1950- Debates of the Constituent Assembly.

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26/01/1950-The Constitution of India came in force. 1953-Kalelkar Commission was established to assess the situation of the socially and educationally backward class. The report was accepted as far as Scheduled Castes and Scheduled Tribes were concerned. The recommendations for OBC's were rejected.

1956-Schedules amended as per Kaka Kalelkar report. 1976-Schedules amended. 1979-Mandal Commission was established to assess the situation of the socially and educationally backward. The commission didn't have exact figures for a sub-caste, known as the Other Backward Class(OBC), and used the 1930 census data, further classifying 1,257 communities as backward, to estimate the OBC population at 52%.

1980-the commission submitted a report, and recommended changes to the existing quotas, increasing them from 22% to 49.5%.As of 2006 number of castes in Backward class list went up to 2297 which is the increase of 60% from community list prepared by Mandal commission.

1990-Mandal commission recommendations were implemented in Government Jobs by Vishwanath Pratap Singh. Student Organisations launched nationwide agitations. Rajiv Goswami , a Delhi university student attempted self-immolation. Many students followed suit.

1991-Narasimha Rao Government introduced 10% separate reservation for Poor Among Forward Castes.

1992-Supreme court upheld reservations to other backward classes in Indira Sawhney Case. 1995-Parliament by 77th Constitutional amendment inserted Art 16(4) (A) permitting reservation in promotions to the Schedule Castes and Schedule Tribes. Later it was further amended to include consequential seniority by 85th amendment.

1998-Central Government conducted large nationwide survey for the first time to estimate economical and educational status of various social groups. The National Sample Survey Orgnisation puts the figure at 32%. There is substantial debate over the exact number of OBC's in India, with census data compromised by partisan politics. It is generally estimated to be sizable, but lower than the figures quoted by either the Mandal Commission or and national Sample Survey. Mandal commission has been criticised of fabricating the data. National surveys indicated that status of OBC is comparable to Forward castes in many areas.

12 August 2005 - The Supreme Court delivered a unanimous judgement by 7 judges on 12 August 2005 in the case of P.A. Inamdar & Ors. Vs. State of Maharashtra & Ors. Declaring that the State can't impose its reservation policy on minority and non-minority unaided private colleges, including professional colleges.

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2005- 93rd Constitutional amendment brought for ensuring reservations to other backward classes and Scheduled castes and Tribes in Private Educational institutions. This effectively reversed the 2005 August Supreme Court judgement.

2006-Reservations introduced for other backward classes in Central Government Educational Institutions. Total Reservation went up to 49.5%.

2007-Supreme Court gave stay order on OBC reservation in Central Government Educational Institutions.

2008The Supreme Court of India on 10 April 2008, upheld the Government's move for initiating 27% OBC quotas in Government funded institutions. The Court has categorically reiterated its prior stand that "Creamy Layer" should be excluded from the ambit of reservation policy. The Supreme Court avoided answering the question whether reservations can be made in private institutions, stating that the question will be decided only as and when a law is made making reservations in private institutions. The verdict produced mixed reactions from supporting and opposing quarters.

9th March 2010 - Women Reservation Bill passed in the Upper house, Rajya Sabha.

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 be excluded from the benefits of reservation policy.

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Judgments related to Reservations

Indian Judiciary has delivered some Judgments upholding reservations and some judgments for its proper implementations. Lot of judgments regarding reservations has been modified subsequently by Indian parliament through constitutional amendments. Some judgments of Indian judiciary have been not supported by state and central Governments as; they were against their policies of reservations. Some of the major judgments given by Indian courts and its implementation details are given below.

Year

Judgement Court has pronounced that caste based reservations as per Communal Award violates Article 15(1). (State of Madras Vs. Smt. Champakam Dorairanjan AIR 1951 SC 226)

Implementation Details

1951

1st constitutional amendment (Art. 15 (4)) introduced to make judgement invalid.

1963

Court has put 50% cap on reservations in M R Balaji v Mysore AIR 1963 SC 649

Almost all states except Tamil Nadu (69%, Under 9th schedule) and Rajasthan (68% quota including 14% for forward castes, post gujjar violence 2008) has not exceeded 50% limit. Tamil Nadu exceeded limit in 1980. Andhra Pradesh tried to exceed limit in 2005 which was again stalled by high court.

1992

Supreme court in Indira Sawhney & Ors v. Union of India. AIR 1993 SC 477: 1992 Supp (3) SCC 217 upheld Implementation of separate reservation for other backward classes in central government jobs.

Judgement implemented

Ordered to exclude Creamy layer of other backward classes from enjoying reservation facilities.

All states except Tamil Nadu implemented. Recent Reservation bill for providing reservations to other backward classes in educational institutions also has not excluded Creamy layer in some states. (Still under the consideration of Standing committee). All states except Tamil Nadu followed.

Ordered to restrict reservations within 50% limit.

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Declared separate reservations for economically poor among forward castes as invalid.

Judgement implemented

1994

Supreme court advised Tamil Nadu to follow 50% limit

Tamil Nadu Reservations put under 9th Schedule of the constitution.

93rd constitutional amendment introduced Art 15(5). Ashoka Kumar Thakur vs. Union of India 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. Question whether the Constitution (Ninety-Third Amendment) Act, 2005 would be constitutionally valid or not so far as "private unaided" educational institutions are concerned, is left open to be decided in an appropriate case. 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. Preferably there should be a review after ten years to take note of the change of circumstances. 4. A mere graduation (not technical graduation) or professional deemed to be educationally forward. 5. Principle of exclusion of Creamy layer applicable to OBC's. 6. The Central
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In Unni Krishnan, J.P. & Ors. Vs. State of Andhra Pradesh & Ors. (1993 (1) SCC 645), it was held that right to establish educational institutions can neither be a trade or business nor can it be a profession within the meaning of Article 19(1)(g). This was overruled in T.M.A. Pai Foundation v. State of Karnataka (2002) 8 SCC 481, P.A.Inamdar v. State of Maharashtra 2005 AIR(SC) 3226 Supreme court ruled that reservations cannot be enforced on Private Unaided educational institutions.

2005

Government shall examine as to the desirability of fixing a cut off marks in respect of the candidates belonging to the Other Backward Classes (OBCs) to balance reservation with other societal interests and to maintain standards of excellence. This would ensure quality and merit would not suffer. If any seats remain vacant after adopting such norms they shall be filled up by candidates from general categories. 7. So far as determination of backward classes is concerned, a Notification should be issued by the Union of India. This can be done only after exclusion of the creamy layer for which necessary data must be obtained by the Central Government from the State Governments and Union Territories. Such Notification is open to challenge on the ground of wrongful exclusion or inclusion. Norms must be fixed keeping in view the peculiar features in different States and Union Territories. There has to be proper identification of Other Backward Classes (OBCs.). 8. 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. 9. If material is shown to the Central Government that the Institution deserves to
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be included in the Schedule (institutes which are excluded from reservations) of The Central Educational Institutions (Reservation in Admission) Act, 2006 (No. 5 of 2007), the Central Government must take an appropriate decision on the basis of materials placed and on examining the concerned issues as to whether Institution deserves to be included in the Schedule of the said act as provided in Sec 4 of the said act.

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Types of Reservation
Seats in educational institutions and jobs are reserved based on a variety of criteria. The quota system sets aside a proportion of all possible positions for members of a specific group. Those not belonging to the specific communities can compete only for the remaining positions, while members of the designated communities can compete for all positions (reserved and open). For example, when 2 out of 10 clerical positions in railways are reserved for ex-servicemen, those who have served in the Army can compete both in the General Category as well as in the specific quota.

Caste based
Seats are reserved for Schedules Castes, Scheduled Tribes, and Other Backward Castes (based chiefly on caste at birth) in varying ratio by the central government and state government. This caste is decided based on birth, and can never be changed. While a person can change his religion, and his economic status can fluctuate, the caste is permanent. If a person from these communities wants to compete in the general category, he/she can do so by not reveling his/her caste, but later that person can not get the benefit of the reservation. In central government funded higher education institutions, 22.5% of available seats are reserved for Scheduled Caste (Dalit) and Scheduled Tribe (Adivasi) students (15% for SCs, 7.5% for STs). This reservation percentage has been raised to 49.5%, by including an additional 27% reservation for OBCs. This ratio is followed even in Parliament and all elections where a few constituencies are earmarked for those from certain communities. In a few states like Tamil Nadu, the percentage of reservation is 18% for SCs and 1% for STs, being based on local demographics. In Andhra Pradesh, 25% of educational institutes and government jobs for BCs, 15% for SCs, 6% for STs and 4% for Muslims.

Management quota
Most controversial quota is the Management quota according to the advocators of Pro-caste reservation people. It is also been seriously criticised by leading educationalists as it is a quota based on economic status irrespective of caste, race and religion as anybody who has money can buy his seat. It reserves about 15 % seats in private colleges for the students who are decided by the college management's own criteria, the percentage of reserved seats vary according to institutions. The criteria involves the colleges own entrance exam or minimum percentage of 10+2 legally. Some institutions also reserve seats under sponsored category. In this fees of the institution were charged almost 50% more than the normal charges. Legally it is a category for those students whose fees are paid by any company or registered firm i.e. the student is getting sponsored.

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Gender based
Women's reservations. Women get 33% reservation in gram panchayat (meaning village assembly, which is a form of local village government) and municipal elections. There is a long-term plan to extend this reservation to parliament and legislative assemblies. In addition, women in India get reservation or preferential treatments in education and jobs. Certain men consider this preferential treatment of women in India as discrimination against them in admissions to schools, colleges, and universities. For instance, several law schools in India have a 30% reservation for females. Progressive political opinion in India is strongly in favor of providing preferential treatment to women in order to create a level playing field for all of its citizens. 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. It will now go to the Lok Sabha, and if passed there, would be implemented.

Religion based
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. The government's argument is that this sub-quota is based on the backwardness of the religious communities and not on the religions themselves. Andhra Pradesh administration has introduced a law enabling 4% reservations for Muslims. This has been contested in court. Kerala Public Service Commission has a quota of 12% for Muslims. Religious minority status educational institutes also have 50% reservation for their particular religions. The Central government has listed a number of Muslim communities as backward Muslims, making them eligible for reservation.

State of domiciles
With few exceptions, all jobs under state government are reserved to those who are domiciles under that government. In PEC Chandigarh, earlier 80% of seats were reserved for Chandigarh domiciles and now it is 50%. Domiciles are now being used by certain institutions for higher education. Example of this practice can be seen in the various National Law Schools across the country. Here person with state domiciles were give privilege over others.

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Undergraduate colleges
Institutes like JIPMER have a policy of reserving postgraduate seats for those who completed their MBBS in JIPMER. AIIMS used to reserve 33% of its 120 postgraduate seats for the 40 undergraduate students meaning everyone who had completed MBBS in AIIMS was assured a postgraduate seat, which was judged illegal by a Court. Another example is of Jamia University; here certain seats are reserved for the students who complete there 10+2 from the schools run by Jamia. This is also known as internal reservation.

Other criteria
Some reservations are also made for: Sons/Daughters/Grandsons/Grand daughters of Freedom Fighters. Physically handicapped. Sports personalities. Non-Resident Indians (NRIs) have a small fraction of reserved seats in educational institutions. They have to pay more fees and pay in foreign currency (Note: NRI reservations were removed from IIT in 2003). Candidates sponsored by various organizations. Those who have served in the armed forces (ex-serviceman quota). Dependants of armed forces personnel killed in action. Those born from inter-caste marriages. Reservation in special schools of Government Undertakings /PSUs meant for the children of their employees (e.g. Army schools, PSU schools, etc.). Paid pathway reservations in places of worship (e.g. Tirupathi Balaji Temple, Tiruthani Murugan (Balaji) temple). Seat reservation for Senior citizens/ PH in Public Bus transport.

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Relaxations
In view of the fact that several of the top undergraduate and graduate institutions in India, such as the IITs, the IIMs are among the most selective in the world, it is not surprising that most reservation criteria are applied at the stage of entrance examinations for these institutions. Some of the criteria are relaxed for reserved categories, while others are completely eliminated. Examples include: 1. The minimum high school marks criteria are relaxed for reserved seats. 2. Age 3. Fees, Hostel Room Rent etc. It is important to note, however, that the criteria required to graduate from an institution are never relaxed, although some institutions provide reduced load programs (such as the ones at IITs) to meet the special needs of these students.

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Arguments
There are several arguments provided both in support and in opposition to reservation. Some of the arguments on either side are often disputed by the other, while others are agreed upon by both sides, with a possible third solution proposed to accommodate both parties.

Pro- reservation
Reservations are a political necessity in India because vast influential sections of voting population see reservations as beneficial to themselves. All governments have supported maintaining and/or increasing reservations. Reservations are legal and binding. As shown by Gujjar agitations (Rajasthan, 20072008), increasing reservations is also essential for peacekeeping in India. Although Reservation schemes do undermine the quality of education but still affirmative Action schemes are in place in many countries including USA, South Africa, Malaysia, Brazil etc. It was researched in Harvard University that Affirmative Action programmes are beneficial to the underprivileged. The studies said that Blacks who enter elite institutions with lower test scores and grades than those of whites achieve notable success after graduation. They earn advanced degrees at rates identical to those of their white classmates. They are even slightly more likely than whites from the same institutions to obtain professional degrees in law, business and medicine. They become more active than their white classmates in civic and community activities. Although Reservation schemes do undermine the quality of education but still Affirmative Action has helped many - if not everyone from under-privileged and/or under-represented communities to grow and occupy top positions in the world's leading industries. Reservation in education is not THE SOLUTION; it is just one of the many solutions. Reservations are a means to increase representation of hitherto under-represented caste groups and thereby improve diversity on campus. Although Reservation schemes do undermine the quality of education but still they are needed to provide social justice to the most marginalized and underprivileged; it is our duty and their human right. Reservation will really help these marginalized people to lead successful lives, thus eliminating caste-based discrimination which is still widely prevalent in India especially in the rural areas. (about 60% of Indian population stays in Villages)

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Anti-reservationists have made a gross mix-up between brain-drain and reservation. *Brain-drain is mainly attributed to the "want" to become rich very fast. Even if we assume that reservation could be a fraction of the cause, one must understand that brain-drain is a concept which is meaningless without nationalism, which is separatism from humankind as a whole. If people leave the country complaining about reservation, they don't have enough nationalism and brain-drain does not apply to them.

There concerns match with the anti-reservationists about meritocracy. But meritocracy is meaningless without equality. First all people must be brought to the same level, whether it elevates a section or de levels another, regardless of merit. After that, we can talk about merit. Forward people have never known to go backward due to reservations or lack of "meritocracy". Reservations have only slowed down the process of "Forward becoming richer and backward becoming poorer". In China, people are equal by birth. In Japan, everyone is highly qualified, so a qualified man finishes his work fast and comes for labour work for which one gets paid more. So it has been said that the forward people must be at least happy with the fact that they are white-collared throughout their life.

*Brain drain is simply defined as the mass emigration of technically skilled people from one country to another.

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Anti-reservation
Caste Based Reservation only preserves the notion of caste in society, rather than weakening it as a factor of social consideration, as envisaged by the constitution. Reservation is a tool to meet narrow political ends. Allocating quotas is a form of discrimination which is contrary to the right to equality. Reservations reduce elections to quid pro quos pitting castes against each other and fragmenting Indian society. Granting reservations to groups to get elected because they see it as beneficial to themselves and threaten to riot is corruption and lack of political resolve. It isn't an argument in favor of reservations. The policy of reservation has never been subject to a widespread social or political audit. Before extending reservation to more groups, the entire policy needs to be properly examined, and its benefits over a span of nearly 60 years have to be gauged. The 60% of India that is rural needs schools, health care and infrastructure in rural areas, not reservation in urban institutions. Poor people from "forward castes" do not have any social or economical advantage over rich people from backward caste. In fact traditionally Brahmins have been poor. Many cite the Mandal Commission report while supporting the idea of reservations. According to the Mandal commission, 52% of the Indians belong to OBC category, while according to National Sample Survey 1999-2000, this figure is only 36% (32% excluding Muslim OBCs). This policy of the government has already caused increase in brain drain and may aggravate further. Under graduates and graduates will start moving to universities for higher education. Anti-reservationist argues that pro-reservation arguments based on US research are not relevant since US affirmative action does not include quotas or reservations. Explicit quotas or reservations are illegal in the USA. In fact, even a points system to favor certain candidates was ruled unconstitutional. Further, affirmative action is essentially banned in the states of California, Washington, Michigan, Nebraska and Connecticut. The use of the phrase "affirmative action" to describe the Indian system hides the stark difference between the two systems.

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Most opportunity in modern Indian cities is in businesses that are owned by people who are not from the highest castes. Being high caste in a city is no advantage.

Other notable suggestions

The following policy changes have been suggested in order to find a solution to the problem. Suggestions by Sachar Committee Sachar Committee which has studied the backwardness of Indian Muslims have recommended following scheme for identifying real backward and needy people. Marks based on Merit: 60 Marks based on Household Income (Irrespective of caste): 13 Marks based on District in which person studied (Rural/Urban & Region): 13 Marks based on Family occupation and caste: 14 Total Marks: 100 The Sachar Committee has also indicated that OBC Hindus presence in educational institutions is almost equal to/close to their population. Indian Human Resources Minister has immediately appointed a committee to study the Sachar Committee recommendations on Indian Muslims but did not offer any comments regarding the other suggestions. The anomaly that has been detected in this formula is that there can arise situations in which even the first ranker can be denied admission /appointment, which is clearly against the principles of natural justice

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