Historical Evolution and Constitutional Framework of Reservation in India
This Article is written by Advocate Sh. Rohit Pandey, Former Hony Secretary of the Supreme Court Bar Association.
The concept of reservation in India can trace its roots back to 19th-century social reformers like Jyotirao Phule, who championed free and compulsory education for all and sought proportional representation in government jobs. The listing of backward classes began during the colonial era, gaining momentum from the 1881 to 1941 censuses. In 1902, Chhatrapati Shahu Maharaj of Kolhapur implemented a 50% reservation for backward classes in government services within his state. This initiative inspired similar measures in other princely states and parts of British India, such as Mysore in 1921, Madras and Bombay in 1931, and Travancore and Cochin in 1935. Dr. B. R. Ambedkar emphasized the hierarchical nature of Indian society, advocating for reservations to address historical oppression and systemic inequalities.
In 1918, the State of Mysore formed a committee under Justice Sir L.C. Miller to develop a scheme for ensuring adequate representation for backward castes. The committee’s 1921 report recommended social and employment benefits for these communities. Around the same time, the Montague-Chelmsford Reforms acknowledged the need for Dalit representation in provincial legislatures. The Simon Commission later proposed separate electorates for Dalits to ensure fair representation. Although the Communal Award of 1932 faced opposition, the Poona Pact of 1937, agreed upon by Mahatma Gandhi and Dr. Ambedkar, established a single Hindu electorate with reserved seats for Dalits. This agreement laid the foundation for India's reservation policy in legislatures and services.
In 1928, the State of Bombay created a committee to suggest measures for backward-class welfare. The committee's 1930 report classified backward classes into three categories: Oppressed Classes, Tribals and Hilly Classes, and Other Backward Classes, recommending special provisions in education and employment. The Government of India Act of 1935 formalized these classifications by recognizing Scheduled Castes and primitive tribes as distinct groups.
The idea of equality gained prominence as India moved towards independence. Formal equality, focusing on equal opportunities, failed to account for the socio-economic disparities and historical marginalization faced by vulnerable groups. Substantive equality, however, aimed at achieving equitable outcomes by addressing these disparities through positive discrimination, including reservation policies.
After gaining independence in 1947, India’s leaders prioritized addressing centuries of social injustice against Scheduled Castes, Tribes, and marginalized communities. The Constitution envisioned as a social as well as a political document, incorporated several provisions to uplift these groups. Article 14 guaranteed "equality before the law" and "equal protection of the laws." Article 17 abolished untouchability and made its practice punishable. Articles 15(4), 16(4), 16(4A), and 16(4B) introduced reservations for Scheduled Castes, Scheduled Tribes, and Other Backward Classes. In 2019, the 103rd Constitutional Amendment expanded reservations to include Economically Weaker Sections (EWS), further broadening the scope of affirmative action.
In 1965, the Government of India established the ‘Lokur Committee’ to review the lists of Scheduled Castes and Scheduled Tribes. The committee was also tasked with determining whether individuals categorized as SC/ST in one region could be considered non-SC/ST in other regions within the same state or across different states. The committee affirmed this possibility.
Subsequently, on January 1, 1979, the Central Government formed the Second Backward Classes Commission under the chairmanship of Shri B.P. Mandal to address three key issues of reservations.
The Central Government, along with various State Governments, has established numerous Commissions and Committees to address issues such as the identification of Scheduled Castes and Scheduled Tribes, criteria for their identification, inclusion and exclusion processes, and parameters of backwardness. These committees have consistently provided affirmative reports in support of these objectives.
The National Commission for Scheduled Tribes (NCST) was established through the Constitution (89th Amendment) Act, 2003, which amended Article 338 and introduced Article 338A in the Constitution. This amendment replaced the earlier National Commission for Scheduled Castes and Scheduled Tribes with two separate bodies: (1) The National Commission for Scheduled Castes (NCSC) (2) The National Commission for Scheduled Tribes (NCST).
The Constitution of India accords a special status to the interests and rights of Scheduled Tribes (ST), Scheduled Castes (SC), and other weaker sections of society. This approach seeks not only to address the historical injustices inflicted upon these communities but also to enhance their socio-economic conditions. Consequently, the policy of reservation or affirmative action originates from the provisions and principles enshrined in the Constitution.