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The 2021 Supreme Court verdict has fixed the reservation cap to 50%. In contrast, the reservation for SCs (15%), STs (7.5%), OBCs (27%), and reservations for the economically backward sections in the general category (10%) totals 59.5%. What, in your opinion, must the government do?

1.  The quantum of reservation should be based on a fresh nationwide caste survey, or
2. The creamy layer principle must be extended to the SCs, STs, also or
3.  Reservations must be abolished.

We know that the Constitution provided for 15% and 7.5% reservations for SC and ST candidates in government-aided educational institutions and in government and public sector jobs for five years. The situation was to be reviewed after five years. However, successive governments routinely extended this period. By 1990, the government also implemented the Mandal Commission’s recommendations on a 27% quota for OBCs. As a result, the government raised the total reservation to 49.5%. In addition, in 2019, the Government. approved a 10% reservation for the “economically backward” sections among the general categories. Hence, the total reservation amounts to 59.5%. The Lok Sabha has 543 seats. Out of that, 84 (15.47%) seats are reserved for SCs or Dalits and 47 (8.66%) seats for STs. Allocation of seats for SCs & STs in the Lok Sabha is based on the proportion of SCs and STs in the State concerned.

1. The government must change the quantum of reservation based on a fresh nationwide caste survey: -

• The government conducted a full caste-based census in India in 1931 to comprehensively count caste groups beyond SCs and STs. Therefore, the Mandal Commission (1979-1980), which recommended 27% reservation for OBCs, did not have updated caste census data available. The Mandal Commission relied heavily on the 1931 caste census, sample surveys, social indicators and state-level estimates. In my opinion, the policy on reservations must be based on current data and realities. The fresh caste survey ordered by the government will provide a clear picture of which community is genuinely deprived and dispel all assumptions. Therefore, the government must change the quantum of reservation based on a fresh nationwide caste survey.
• Reservation and other policies for the backwards are still linked to the population patterns from the 1931-era caste data. In reality, higher educational attainment and economic upliftment have changed the social structure. Therefore, the government must revise the quantum of reservation in light of current realities.

• Various legislations and the SC verdict have ruled that the inadequate representation of backward classes in education and public employment must be addressed. The idea is not just to improve their economic status, but also to address the denial of rights and the oppression these groups have endured over the centuries, and to increase their representation in public office. Thus, the government introduced anti-discrimination laws and reservation policies to ensure that the Scheduled Castes (SCs), the Scheduled Tribes (STs) and the OBCs have quotas in employment, education, and political representation. But at the same time, social justice will appear to have been done if citizens are given reservations based on the actual percentages in present times and the status of their communities in education and public employment.
• Urbanisation and digitalisation have changed the demography of our society. Some groups have advanced through the collective efforts of their communities. Proportional reservation is necessary to undo and counter the ‘evils’ of the caste system that prevailed in our country for centuries. Hence, the government must bring in fresh legislation on reservations after the caste census is completed.

The quantum of the reservations must not become permanent. A constitutional review mechanism every 10–15 years could assess the effectiveness of the reservations provided. The policy on reservations must strengthen government schools, improve rural education, and provide coaching support and scholarships to the Scheduled Castes (SCs), the Scheduled Tribes (STs), and the OBCs, as per their status in today's era.

• Merit in education is achieved through cramming, tutoring, constant guidance, quality schooling, and proficiency in English. Whereas most SC, ST, OBC & economically weaker sections do not have access to most of these. Hence, they need financial support and reservation or a separate merit list to ensure fair access to education & employment. Reservation debates often become emotional because reliable nationwide data is absent. A transparent caste survey will ensure transparency, improve public trust, and bring in data-driven policy.

Many people worry that reservations are making India inefficient. Let us remember that those competing in the reserved category are not inefficient. It is just that they are scoring less than those in the general category in the exam. However, to achieve economic efficiency, the aspirations of the underprivileged must be met. A large section of the reserved category can reap the dividends of job placements only if they have access to higher education; otherwise, it will fuel dissatisfaction and cause instability in India. The progress of our country will slow down. Hence, reservations based on fresh numbers are necessary.

Though reservations are seen as anti-meritocratic, meritocracy is meaningless without equality. First, everyone must be brought to the same level by elevating the underprivileged section, regardless of merit. After that, we can talk about merit. General category people have never known to go backwards due to reservations or lack of “meritocracy”. Reservations have only slowed the process of the General category qualifying in greater numbers.

Although Reservation schemes undermine educational quality, affirmative action schemes exist in many countries, including the USA, South Africa, Malaysia, and Brazil. In the US, Blacks who enter elite institutions with lower test scores & grades than whites achieve notable success after graduation. They earn advanced degrees at rates identical to those of their white classmates. They are 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.

2.   The creamy layer principle must be extended to the SCs, STs, also: -

• One of the biggest criticisms of reservations is that benefits often concentrate within relatively advanced families within reserved categories. If the same economically and educationally advanced families repeatedly access elite education and government jobs, then the most backward sections within SC/ST communities may remain excluded. Therefore, the creamy layer principle (annual income below ?4 lakh) must also be extended to SCs and STs.

• The government introduced reservations for the upliftment of the disadvantaged, not perpetual advantages for already advanced sections within SCs and STs. We see that there is inequality not only between upper and lower castes, but also within SC/ST communities themselves. Therefore, the creamy layer principle (annual income below ?4 lakh) must also be extended to SCs and STs.
• The reservation policy was designed as an ad-hoc policy for ten years. Some subcastes and families have gained education, achieved urban mobility, entered bureaucracy, and built generational advantages; meanwhile, many remote tribal and marginalised Dalit communities remain severely deprived. Therefore, without creamy layer exclusion, internal inequality widens.
• All economically backward will include not only people from all castes but also all religions. Hence, discrimination and the feeling of being left out will be eliminated among the underprivileged. If reservation becomes hereditary across generations, irrespective of advancement, it risks becoming a permanent entitlement rather than a corrective measure. We know that a child from a family that is economically well off may not face the same barriers as extremely poor and socially isolated SC/ST families. Social justice must prioritise those who still lack access, not those who have already achieved upward mobility.
• The statistics on reservations for SCs, STs, and OBCs show that fewer than 1% have benefited from them. Still, they feel discriminated against because, in the hope of getting the benefit of reservation, they carry the caste certificate from birth. Extending creamy layer principles will improve public confidence and make reservations more targeted.
• The downtrodden among SCs & STs have not benefited for the last 77 years, because those SCs & STs who benefited from reservations earlier are better off educationally and economically. We know that those belonging to the creamy layer amongst OBCs cannot avail of reservations. The Supreme Court has repeatedly discussed the concept of excluding advanced sections within reserved categories in different judgments. It is true that SC/ST reservations have historically differed due to untouchability and tribal isolation; the creamy layer extension to all reservations must be applied uniformly.

3.   The government must abolish all reservations: -

• The framers of the Constitution introduced reservations as a temporary corrective measure to address historical inequalities. Over time, instead of gradually reducing dependence on the reservation, the system has continuously expanded politically. A temporary social remedy should not become a permanent structure without periodic review. Therefore, in the current era, reservations can be done away with.
• Right to Education (RTE) already ensures 25% of the seats in entry-level classes (Kindergarten & Class I) at private schools are reserved for the Economically Weaker Section (EWS). It guarantees free education for such children till class 8. The State & Central governments (60:40 ratio) reimburse schools a fixed amount for this. The same facility should be extended to the children of SCs, STs, & OBCs until class XII. After that, there should be no reservations at IITs, medical institutions, or any other institutions or jobs. At the same time, economically well-off SCs, STs, & OBCs can be selectively excluded from concessional or subsidised financial support.

• Due to the erstwhile caste system, SCs, STs, & OBCs did not get respect & equal opportunity in ancient India. By removing reservations, everyone will get equal opportunity. At the same time, the discrimination meted out to SCs, STs, & OBCs based on their group identity has to be addressed by strict implementation of laws such as the Prevention of Atrocities Act 1989.
• My main argument against the concept of reservation is that it goes against the idea of merit. When we give reservations, we put merit in second place, compromising quality and professionalism in any institution or job. Hence, reservation is not suitable for any progressive nation.
• Suppose a child of a socially & economically deprived family has not been educated and exposed like other children. In that case, the irreparable damage caused during the individual's childhood cannot be rectified later by giving a reservation. Hence, the reservation becomes suitable for the individual but will do no good to the nation. The Reservation Policy has created a “new class of vested interest” in society, creating the psychology of dependency among them.
• A person in a “reserve category” knows he will be selected based on his category, despite his lower performance. He might choose not to put in as much effort as a general candidate to improve himself and perform better. Thus, any country that follows a reservation policy would naturally develop more slowly and collapse. Hence, reservations should be reduced gradually and eventually stopped altogether.

• Allocating quotas constitutes discrimination contrary to the right to equality. It violates the very spirit of democracy. Extending reservations and extra support to a particular class of people is against equality. The solution lies in preferential, cost-free coaching for SCs, STs, OBCs, and EWS general category candidates preparing to get into government-aided institutions or government jobs. There is no requirement to extend their reservations.
• With limited seats in IITs and government medical colleges, and with a limited number of government jobs, we need to be prepared to carve out a niche for ourselves through our skills in the private sector. The new education policy of 2020 emphasises skill-based education. Schemes like Mudra loans are available to everyone who wants to start a small business or start-up, irrespective of caste or religion. Hence, the reservation needs to be scrapped altogether.