Reservation Policies of the Constitution

The preamble of the Constitution states an objective of equality and justice. The Government of India takes the required measures and steps in this direction. To deliver equality and justice to every citizen, especially the poor and weaker section of the society, the Government of India has made some reservations. In this article, we will discuss the reservation policies laid by the Constitution to safeguard the interests of the poorer sections. We will also read its importance at the end.

Which sections are benefited from the reservation policies?

The reservations are provided to the poorer, weaker and backward sectors of the society. These classes and sectors include the scheduled castes, the scheduled tribes, the backwards classes and the Anglo-Indians.

Which part of the Constitution has the provisions for the reservation policies?

The XVI Part of the constitutions deals with the reservation policies; articles 340 to 342 A of the Constitution is specially made to lay the terms and conditions of the reservation policies.

What are the types of reservation policies?

The Constitution provides different types of reservations to the other sectors of the country in various fields. Broadly, reservations are classified into two major categories.

●     Permanent and Temporary:

Some reservations of the Constitution are permanent, while others exist only for a limited time. These reservations are made for particular purposes.

●     Protective and Developmental:

Protective reservations aim at protecting the aim of backward classes from exploitation and injustice. At the same time, other reservations are developed in nature and aim to promote the communities’ socio-economic interests.

What are the different reservations provided by the Constitution?

Though there are different sectors in which reservations are proposed and made. But the constitutional reservations are as follows:

  • Reservation in legislatures.
  • Special representation in legislatures.
  • Educational reservations.
  • Reservation in different services and posts.
  • Appointment of National commissions.
  • Appointment of Commissions of investigations.

What are the criteria for the classification of backward sections?

The Constitution doesn’t hold any special mention for the standardization of backward classes. The President of India has the power to specify the castes or tribes in each state or UT. Thus, there is a variation in the list of backward classes from region to region. But, the President has the ultimate power to pass the final decision on the list. The 102nd Constitutional Amendment Act Art empowered the President to highlight the socially and educationally backward classes in relation to a union territory or a state. After consulting with the governor, the President issued the notification in regard to it.

But the definition of the Anglo-India community is well defined in the Constitution.

Who is an Anglo-Indian?

Anglo-Indian is a person whose father or any other male progenitor is or was of European descent, but the person is domiciled within the territory of India.

Details of different reservations provided to other sectors:

Reservation for SCs and STS in Legislature:

In Lok Sabha and state legislative assemblies, seats are reserved for the SCs and STS. Article 334 of the Constitution has provisions for the reservations of the ST and SC classes.

Representation of Anglo-Indian in the Legislatures:

Article 334 of the Constitution has the provision for the representation of Anglo- Indians in the state legislature. The President has the power to nominate two members of the Anglo-Indian community in the Lok Sabha In the state legislature. The governor has the ability to nominate one member of the Anglo-Indian Community.

Reservations for SCs and STS to services and posts:

Seats are reserved for the SCs and STs in the public services to the Centre and the states. The Supreme Court has the power to provide relaxation in qualifying marks in any examination or lower the standards of evaluation.

Special provision for Anglo-Indians in services and educational grants:

The Anglo-Indian educational institutions were given certain special grants. This benefit came to an end in 1960.

National Commissions:

  • For SCs and STs :

The President should set a national commission to investigate all matters related to SCs and STs. This Commission was set up to safeguard the interests of the community.

  • For BCs:

The Commission was set up in 1993. This national Commission was established for the socially and educationally BCs. The Commission guards the interests of the backward classes.

A way forward:

Reservation policies are important in promoting the interests of backward communities. The policies safeguard their interests and save them from being exploited. The reservation policies support justice and equality for all Indian citizens.