The Mandal case and Reservation in India – Explained, Pointwise

The Mandal case and Reservation in India – Explained, Pointwise

Recently it was saw that the Supreme Court may examine the 50% reservation cap set by the Mandal case ruling of 1992 (Also known as Indra Sawhney case). The decision was taken during the examination of the constitutional validity of the Maratha reservation policy of the Maharashtra government.

About the Mandal Commission

Mandal Commission was set up in 1979 January by Morarji Desai government to identify the socially or educationally backward classes to consider the question of seat reservations and quotas for people to redress caste discrimination, and used eleven social, economic, and educational indicators to determine backwardness. It was headed by B.P. Mandal.

The Mandal Commission therefore recommended that 27 percent of central and state government jobs should be reserved for OBCs, and that the 27 percent figure should be applied to other "compensatory discrimination" or "compensatory protection" benefits, including those provided by universities and affiliated colleges.

The Mandal Commission was established by the Janata Party government under Prime Minister Morarji Desai. The commission was appointed to identify the need for reservation of seats for the Socially and Educationally Backward Classes in India. It was headed by an Indian parliamentarian the late B.P. Mandal.

Reservation in India

Reservation is a system of affirmative action in India that provides historically disadvantaged groups representation in education, employment and politics.

Based on provisions in the Indian Constitution, it allows the Indian government to set reserved quotas or seats, which lower the qualifications needed in exams, job openings etc. for "socially and economically backward citizens."

In education, Universities allot seats based on reservation percentage from two different categories are 1: reservation category (SC,ST,OBC,EWC and other minorities) 2:Open category (General, SC, ST, OBC, EWC and other minorities).

In allotment, Major priority given to reservation category including 33% reservation for Women, priority in allotting is given by Other Minorities women, ST women, SC women, ST Men, SC Men, OBC women, OBC Men, EWC Women, EWC Men and then after Open category Will be considered.

In central-government funded higher education institutions, 22.5% of available seats are reserved for Scheduled Caste (SC) and Scheduled Tribe (ST) students (7.5% for STs, 15% for SCs,20% for ESC,12% for SCA,16% for SCB,22% for SCC,18% for SCD).

The Women's Reservation Bill was passed by the Rajya Sabha on 9 March 2010 by a majority vote of 186 members in favour and 1 against. As of March 2013, the Lok Sabha has not voted on the bill.

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).

Criticism on the Reservation in India

The Union Government on 22 December 2011 announced the establishment of a sub-quota of 4.5% for religious minorities within the existing 27% reservation for Other Backward Classes.

The reasoning given was that Muslim communities that have been granted OBC status are unable to compete with Hindu OBC communities.

It was alleged that the decision was announced as the Election Commission announced Assembly elections in five states on 24 December 2011.

The government would not have been able to announce this due to the model code of conduct. On 12 January 2012, the Election Commission stayed implementation of this decision for violation of the model code of conduct.

Later, Justice Sachar, head of the Sachar Committee that was commissioned to prepare a report on the latest social, economic and educational condition of the Muslim community of India, criticised the government decision, saying "Such promises will not help the backward section of minorities. It is like befooling them.

These people are making tall claims just to win elections". He suggested that instead of promising to give reservations, the government should focus on basic issues of improving administration and governance.

Maratha reservation policy

The Constitution framed by Ambedkar adopted the policy of reservation for the Other Backward Classes (OBCs) in government jobs and higher educational institutions by originally enacting Articles 16 (4), 46, 340 and by inserting Article 15 (4) through the first amendment in 1950.

The Maharashtra government enacted a law,  it provides 16 per cent reservation to the Maratha community in jobs and admissions.

The law termed the Maratha community as a socially and educationally backward class. However, the Maratha reservation violated the 50% ceiling mentioned in the Indra Sawhney case.

The law was challenged in Bombay High Court. After recommendations of the State Backward Classes Commission, the Bombay High Court upheld the constitutional validity of the Act.

But the Bombay High Court reduced the Maratha reservation to 12-13% (Instead of 16%) as mentioned in the State Backward Classes Commission.

However, an appeal was filed in the Supreme Court. The Supreme Court during the case said that it will look into the capping of 50 percent reservation quota to be revisited or not.