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5th November 2024 (12 Topics)

The Debate Over 'Quota-within-Quota'

Context

India’s reservation system has been a critical tool in promoting social and economic equality for historically marginalized communities, particularly the Scheduled Castes (SCs) and Scheduled Tribes (STs). This affirmative action was introduced to undo centuries of discrimination faced by these communities. However, after more than 75 years since independence, questions are being raised about whether the system still meets its intended goals and whether some groups within the SC category are benefiting more than others.

What is the objective of Reservations?

  • The reservation system was designed by Dr. B.R. Ambedkar, the architect of the Indian Constitution, to address the deep-rooted social and economic inequality that existed due to the caste system.
  • The main aim of reservations was to provide equal opportunities for SCs and STs in education, government jobs, and public offices.
  • This was a step toward achieving substantive equality — ensuring that marginalized groups had the means to improve their socio-economic status.

What is the ‘Quota-within-Quota’ System?

  • The ‘Quota-within-Quota’ system is an approach to subdivide a larger reservation category into smaller, more targeted sub-categories.
  • This system is aimed at ensuring that the most disadvantaged groups within a broader category, such as the Scheduled Castes (SCs), Scheduled Tribes (STs), or Other Backward Classes (OBCs), get a more focused share of the benefits from affirmative action policies.
  • The concept is based on the idea that within a larger group, some sections may be more marginalized or face greater socio-economic challenges than others, and thus, need more specific support.
  • How Does the System Work? In a typical reservation system, a percentage of seats or positions in educational institutions, government jobs, and public offices are reserved for SCs, STs, and OBCs.
    • Under the ‘quota-within-quota’ system, the overall reservation for a broad category (like SCs) is further subdivided into smaller quotas based on sub-castes or communities.
  • Recently, the Supreme Court has raised concerns about the effectiveness of the reservation system. The primary issue is whether all SC subgroups benefit equally from reservations.
  • Some SC communities appear to have advanced more than others, leading to the suggestion of a ‘quota-within-quota’ system. This would subdivide the SC reservation into smaller categories to better target the most disadvantaged groups within the SCs.

Data from Various States

Different states in India show varying outcomes regarding the impact of reservations on SC communities:

  • Andhra Pradesh & Tamil Nadu: In these states, two major SC groups — Malas and Madigas (Andhra Pradesh) and Adi Dravida and Pallans (Tamil Nadu) — show similar socio-economic outcomes. Both groups have benefited relatively equally from reservations in education and employment. The data suggests that there is no significant need for further subdivision of the SC quota in these states.
  • Punjab: Punjab has had a ‘quota-within-quota’ system since 1975, dividing the SC quota into subcategories like Mazhabi Sikhs and Balmikis (more disadvantaged) and Ad Dharmis and Ravidasis (relatively better-off). This approach has helped the more marginalized groups catch up to others in terms of education, employment, and social mobility.
  • Bihar: In Bihar, the government introduced a ‘Mahadalit’ category in 2007 to target the most disadvantaged SC groups. However, the policy lost effectiveness due to political pressures, which led to the inclusion of a broader range of SC groups. This diluted the original purpose of targeting the most marginalized groups.
Key Issues with the Reservation System
  • Access to Reservations: A major problem with the current reservation system is the limited access to the benefits it provides. In states like Uttar Pradesh and Bihar, less than half of SC households have the necessary caste certificates to access reserved seats in education and government jobs. This indicates that many SC individuals are excluded from the benefits of affirmative action.
    • In contrast, states like Tamil Nadu and Andhra Pradesh report higher percentages of SC households with caste certificates (over 60-70%), but these states are exceptions rather than the rule.
  • The ‘Creamy Layer’ Debate: One idea being discussed is the introduction of a ‘creamy layer’ exclusion for SCs, similar to what exists for Other Backward Classes (OBCs). The idea is to exclude wealthier or more educated individuals from the reserved categories. However, there is little evidence to support that wealthier SC individuals are no longer discriminated against or that they no longer face caste-based stigma in society.
  • Political Influence: The design of reservation policies, including the subdivision of quotas, is often influenced by political motives rather than data-driven evidence. In states like Bihar, political pressures have led to the inclusion of broader categories in the reservation system, which undermines its effectiveness.
  • Need for Updated Data: One of the major challenges in reforming the reservation system is the lack of comprehensive, updated data on caste-based disparities. The national Census, which can provide detailed caste data, has been delayed for years. Without reliable data, it is difficult to assess the real impact of reservations or to design policies that effectively target those who need them most.
Should There Be a ‘Quota-within-Quota’?
  • The idea of a ‘quota-within-quota’ has both merits and challenges. In states like Punjab, where disparities between SC subgroups are significant, subdividing the SC quota has led to more equitable outcomes. However, in many other states, the need for further subdivisions is not clear, as the benefits of reservations appear to be fairly distributed across SC groups.
  • Instead of focusing solely on subdividing quotas, the government should first address the more fundamental issue: improving access to reservations for all SCs. A large number of SC households do not have caste certificates, which restricts their ability to access the benefits of affirmative action.
  • Moreover, any changes to the reservation system should be backed by updated, accurate data to ensure that policies are based on real needs and not political calculations. Only with better access, updated data, and a focus on genuine social and economic upliftment can the reservation system continue to serve its purpose of promoting equality in India.
Fact Box: Provisions of Reservation in Constitution of India for SC’s/ ST’s/OBC’s/EWS
  • Article 15(4) and 16(4) of the Constitution enabled the Central and State Governments to reserve seats in government services for the members of the SC’s and ST’s.
  • Constitution (77th Amendment) Act, 1995 and a new clause (4A) was inserted in Article 16 to enable the government to provide reservation in promotion.
    • Later on, clause (4A) was modified by the Constitution (85th Amendment) Act, 2001 to provide consequential seniority to SC’s and ST’s candidates promoted by giving reservation.
  • Constitutional 81st Amendment Act, 2000 inserted Article 16 (4 B) which enables the state to fill the unfilled vacancies of a year which are reserved for SCs/STs in the succeeding year, thereby nullifying the ceiling of fifty percent reservation on total number of vacancies of that year.
  • Article 330 and 332 provides for specific representation through reservation of seats for SCs and STs in the Parliament and in the State Legislative Assemblies respectively.
  • Article 243D provides reservation of seats for SCs and STs in Panchayat.
  • Article 233T provides reservation of seats for SCs and STs in every Municipality.
  • Article 335 of the constitution says that the claims of STs and STs shall be taken into consideration without compromising the maintenance of efficacy of the administration.
  • Part XVI of the constitution of India deals with reservation for SC’s and ST’s in Central and State legislatures.
  • 103rd Constitutional amendment provides 10% reservation for Economically Weaker Section (EWS) in the general category under Articles 15(6) and 16(6).

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