Social Science Journal for Advanced Research

Ultimately, this study aims to contribute to the existing literature on reservation policies in India and provide insights into the complexities of promoting social equity and inclusion for marginalized communities. Policymakers can expect to benefit from the study's findings helpful as academics and social activists working on social justice and equality issues.

2. The Study of the Objective

The objective of the study is to examine and analyze the reservation policies for ST (Scheduled Tribes) and SC (Scheduled Castes) in India, covering various aspects such as: (i) State Reservation Policies: Analyzing the reservation percentages for ST and SC in state government services, educational institutions, and recruitment processes. (ii) Central Government Reservation Policies: Examining the reservation percentages for ST and SC in central government services, educational institutions, and recruitment processes. (iii) Legislative Representation: Studying the reserved seats for ST and SC in India's State Legislative Assemblies, Union Territories, and Parliament (Lok Sabha).

(iv) Impact and Effectiveness: Evaluating the impact and effectiveness of reservation policies on the social and economic development of ST and SC communities. The study aims to provide insights into the existing reservation policies, their implementation, and their effects on promoting social equity and inclusion for marginalized communities in India.

3. Significance of the Study

This study on India's reservation policies for SC (Scheduled Tribes) and SC (Scheduled Castes) has significant implications for various stakeholders, including policymakers, academics, and social activists. The study has significant social implications as it highlights the importance of reservation policies in promoting social equity and inclusion for marginalized communities and contributes to the ongoing discourse on addressing historical injustices and promoting social justice. Additionally, the study has policy significance as its findings can inform policy decisions related to reservation policies, helping policymakers to refine and improve existing policies and evaluate policy effectiveness.

Specific Data Sources: (i) Reservation Policy in Indian Constitution: Articles 15(4), 16(4), 46, etc. (ii) Tribal Development: Government reports, schemes, and initiatives.(iii) Reservation in Union and State Services: Government orders, notifications, and guidelines. (iv) Reservation in Higher Education: UGC guidelines, academic articles, and research papers. (v) State-wise Reserved Seats: Legislative Assembly reserved seats for ST (Scheduled Tribes) and SC (Scheduled Castes), reserved seats in the Lok Sabha and Rajya Sabha for ST, SC, and others.

1. India’s State Reservations for SC (Scheduled Cates) and ST (Scheduled Tribes)

India's reservation system is a policy designed to promote social justice and equality by providing opportunities to historically excluded groups, including SCs and STs. The system is grounded in the Indian Constitution, which guarantees equal opportunities in public employment. Article 16(1) of the Indian Constitution guarantees equal opportunities in public employment. In contrast, Article 16(4) allows the State to enact legislation to set aside positions in Government agencies or employment for underrepresented citizens or persons from backward groups. The primary objective of the system is to help people regain their rights. The Indian Constitution emphasizes representation for backward classes and economically disadvantaged sectors through Articles 15(4) and 15(6). Articles 16(4) and 16(6) also aim to provide equal opportunities for everyone, regardless of caste. Articles 15(4) and 16(4) of the Constitution provide reservations in government employment and educational institutions for the socially and educationally backward classes of citizens, especially the ST and SC. [1] The State Legislatures and Parliament can enact legislation to help disadvantaged groups develop their education. The States and the Union Government can set aside specific percentages for people who are socially and educationally disadvantaged in various areas, including political bodies, the workforce, promotions, and education.

Additie 46, part of the Directive Principles of State Policy, also mandates the State to safeguard the weaker sections of society, particularly SCs and STs, from social injustice. Access to education is crucial for the progress of people from SCs, STs, and other socially and educationally disadvantaged groups.

As stated in Article 335, the principle of administrative efficiency necessitates considering the claims of SCs and ST members when appointing services and posts related to Union or State affairs. A comprehensive understanding of Article 335 requires studying it with Articles 16(1) and 16(2), which collectively provide a framework for ensuring equal opportunities in State services.

Article 16(1) explicitly prohibits discrimination against citizens in any State position or office based on religion, race, caste, sex, descent, place of birth, residency, or any combination thereof.[4] This provision emphasizes the commitment to equality and non-discrimination enshrined in the Constitution. The Government's authority to appoint or post certain classes of people is subject to the well-established judicial review standard and constitutional restraints. A significant court ruling, Mr. Marri Chandra Shekhar Rao vs Dean, has established that SCs/STs individuals are only eligible for reservation benefits in their home State, not other UTs or States. Article 342 unequivocally states that ST status is state-specific, meaning that a person with STs in one State is not eligible for reservation benefits in another. Consequently, if an SCs/STs member relocates to another State for work or study, they cannot be considered an ST member of that other State.

The Court's interpretation emphasizes that the Constitution's enabling Article, Article 16(4), must yield to Articles 341 and 342. Each State/UT must implement a reservation system that provides socio-economic empowerment to the SCs/STs population within their respective States. Expanding the quota to cover all SCs/STs categories in India or to migrants could potentially undermine the reservation system. It could waste reserves for underprivileged SCs/STs in other developed States/UTs, compromising the fundamental goal of reserving disadvantaged SCs/STs in specific States or UTs.[5] The percentage of reservations given to SCs and STs varies significantly depending on the population of each State. While some States have a reservation percentage of 80%, others have none. For instance, according to the Table, the States of Haryana, Punjab, Chandigarh, and Pondicherry have 0% reservation for STs in Government employment and educational institutions.

In contrast, Arunachal Pradesh, Meghalaya, Nagaland, and Mizoram have an 80% reservation, while Lakshadweep has a 99% reservation.

While the Central Government has established a reserved share of 15% for SCs and 7.5% for STs in educational admissions, States can determine their reservation percentages based on population demographics. Consequently, reservation percentages vary significantly across States. For instance, States such as Arunachal Pradesh, Meghalaya, Nagaland, Mizoram, Andaman and Nicobar Island, Chandigarh, and Lakshadweep do not have reservations for SCs in student admissions.

In contrast, States like Meghalaya, Mizoram, Nagaland, and Arunachal have an 80% reservation for STs, while Lakshadweep has a 99% reservation. In addition to reservation percentage rules, the merit list for unreserved category seats includes all candidates in order of merit, according to the reservation policy for admission 2023-2024. It means that SCs, STs, OBCs, and EWS applicants who meet the merit criterion for the UR category will be included in the merit list, regardless of their category. Ultimately, the State can develop policies that ensure appropriate representation of underprivileged groups like SCs, STs, and OBCs in academic institutions.

2. Reservations in India's Central Government Services for SCs and STs

India has a ranking system governed by the Rules of the Civil Services 1930, which have undergone periodic revisions. The Central Government exercises sole authority over Central services, with reservations for Scheduled Castes (SCs) and Scheduled Tribes (STs) applicable only to occasional vacancies, not the overall strength of any cadre or service. The Central Government has the authority to prioritize SC and ST community members for government positions under Article 16(4) of the Constitution. Historically, authorities hired relatively few SC and ST candidates before implementing reservation orders, necessitating the filling of reservations for SCs and STs in direct hiring across India. The reservation percentage applies to all direct recruitment for Indian services through open competition. However, state-level services have varying reservation percentages for SCs, STs, and other categories. A table illustrating these categories and reservation proportions for SCs and STs in Indian government services and educational institutions follows.

The Indian Government currently reserves 15.34% of the workforce for SC employees and 6.34% for ST employees across 19 ministries under the Central Government. The SC and ST apply these reservation percentages in the hiring process based on the number of open positions in Central Services and All India Services, ranging from Class I to IV, Special Services, and Group A-D.

For centralized Union recruitments, applications are invited from candidates nationwide, such as A Group and B Group (Gazetted) categories for services in UTs/States. SCs/STs, citizens of all UTs/States, are qualified to apply for reserved jobs. The All India Services work for both the states and the union, and while the center hires these service members, other state cadres can access their services. Interestingly, different methods are employed to fill additional responsibilities in the services of union territories. For instance, applications for reserved jobs are accepted from candidates across India in Chandigarh, whereas in Pondicherry, only local reserved individuals are eligible to apply. The Apex Court mandated the Pan-India Reservation Rule for Delhi's National Capital Territory's subordinate services in Mr. Bir Singh vs Delhi Jal Board, 2018. This reserve applies regardless of the location of the establishment, which could be in Delhi's National Capital Territory, a state, or any other part of the Union Territory.

2.2 Promotion: Beginning in January 1957, a steady expansion of the reserve for SCs (Scheduled Castes) and STs (Scheduled Tribes) in promotions commenced. Initially, the Departmental Competitive Examinations allocated reservations for SCs and STs for Class I, II, III, and IV jobs. In 1963, the Government discontinued reservations for Class I posts. However, reservations for promotion by selection, the Government introduced Groups C' and 'D' (now Groups 'B,' 'C,' and 'D' for Class II, III, and IV positions. The Government imposed a restriction, stating that for the Limited Departmental Examinations (LDE) in 1968 for II, III, and IV Class occupations and promotions granted by selection to these posts, the percentage of direct recruitment cannot exceed 50%. The Department of Personnel (DOP) and Office Memorandum (OM) No. 27.02.71.Estt.(SCT) dated November 27, 1972, clarified that seniority-cum-fitness reservation for promotion in Groups 'A,' 'B,' 'C,' and 'D' can only be utilized if direct recruitment exceeds 50%.

Considering their historical abuse and lack of equitable chances, the writers of the Constitution understood the necessity for more representation of SCs and STs in nation-building projects.[9] Consequently, the government reserves for backward classes recognized by India's Constitution in all government-funded higher education institutions.

The Indian higher education system uses reservation quotas to hold spaces for students from cognitively and socially disadvantaged backgrounds, such as SCs and STs. SC and ST students currently occupy 22.5% of available spaces in publicly funded higher education institutions. In addition to SCs and STs, the Government reserves seats for Other Backward Classes (OBCs), Persons with Disabilities (PWD), and Economically Weaker Sections (EWS) candidates. The reservation percentages for these categories are 27%, 5%, and 10%, respectively. As a result, 60% of seats remain open for students from backward and other categories in India's colleges and universities since 2019. According to reservation policy regulations, the following Table outlines the reserve percentages for SCs, STs, and other categories in Central Government employment and higher education institutions.

Table 4: Reservation Percentage in Central Government Services and Higher Education, (2023)

[10]

3.1 Recruitment of Non-Teaching and Teaching Personnel: The Government of India and the UGC (University Grants Commission) have established guidelines for educational institutions receiving funding from the Central Government. These guidelines mandate a quota share for teaching and non-teaching jobs, specifically for OBC (Other Backward Classes), SCs (Scheduled Castes), and ST (Scheduled Tribes). In positions where the Central Government or UGC provides all the money, Central Universities must follow the Government of India's quota policy for SCs, STs, and OBCs. The policy stipulates that fifteen percent, seven percent, and twenty-seven percent of teaching and non-teaching employment opportunities be reserved for SCs, STs, and OBCs, respectively.

Merit is the sole basis for admission to UR category seats, with no exceptions or reservations for SCs, STs, OBCs, or EWS applicants. Notably, the seats reserved for SCs and STs exceed 50/60 percent. In that case, there will be no reservation for OBCs, except in specified northeast districts such as Arunachal Pradesh, Mizoram, Nagaland, tribal portions of Assam, and other tribal states.[14] Applicants seeking admission under the SCs, STs, and other categories must possess genuine certificates issued by competent authorities in their names. Furthermore, the reservation policy for admission to Central Universities and Colleges aligns with the proportion of all categories in Indian Central Government Services.[15]

4. India's State Legislative Assemblies Reserve Seats for SCs and STs.

In India, the State Assembly elections feature reserved seats allocated based on the Indian Constitution's Part XVI. This provision addresses the legislature reservations for SC (Scheduled Castes) and ST (Scheduled Tribes). As a result, elections often include designated seats for STs and SCs. According to the latest data available until 2023, 1,265 out of 4,120 assembly seats are set aside in various states for members of SCs, STs, or other relevant communities.[16] The Delimitation Commission assigned elected seats in State Legislatures to all states based on the 1961 Census results. The State Legislative Assembly (Vidhan Sabhas) allocated 227 seats to STs based on the 1961 census. Article 332 of the Constitution, the People's Representation Amendment Act of 1980, and the Delimitation Order of 1976 collectively mandate that the Union Territories and states reserved 294 out of 3,977 Vidhan Sabha seats for STs. Furthermore, Article 332 ensures that SCs and STs have designated seats in each State's Legislative Assembly, providing equal representation in UTs and State Legislative Assemblies.[17] The number of members of STs and SCs relative to the State's total population determines their allotment of seats in the Legislative Assembly.[18] The Indian Constitution of 1950 established a reserved seat system for weak, disadvantaged, underrepresented, and exceptional protection groups in politics. This structure ensured that all voters in a constituency elect these seats, which remained in effect for the first ten years. Here are the most recent seat allocations from Vidhan Sabhas (State Assemblies) until 2023.

seats. Sikkim has the fewest seats, with 32. However, SCs and STs have 2 and 12 legislative members, respectively, including reserved and unreserved categories.

In contrast, Uttar Pradesh has the most total seats, with 403, but SCs and STs have 85 and zero legislative members, respectively, including reserved and unreserved categories. STs have 554 MLAs out of the State's 4,120 MLAs. The 2011 census serves as the basis for this figure, which reported that 8.6% of the population belonged to STs. States with significant ST populations include Odisha, Maharashtra, Madhya Pradesh, Jharkhand, Chhattisgarh, and the northeast. However, States like Haryana, Goa, Punjab, Uttar Pradesh, and Punjab lack seats in the STs State Legislative Assemblies due to their smaller demographics. Arunachal Pradesh and Nagaland have 59 (99%) STs Legislative members out of 60. Mizoram and Meghalaya have 39 (99%) and 55 (95%) STs Legislative members out of 40 and 60 total Legislative members, respectively. Bihar, Kerala, Tamil Nadu, and Uttarakhand have two ST legislative members.[20] The remaining States have between 3 and 47 STs as legislative members.

Table 6: Union Territories Reserved Seats in States Legislative Assemblies for SCs, STs, and others (2023)

[21]

The Central Government of India's direct control over Union Territories (UTs) means there are no Scheduled Tribes (STs) Legislative Members in these territories. Before November 21, 2018, the Governor of Jammu and Kashmir dissolved the Legislative Assembly. Later, they disbanded the Legislative Council on October 17, 2019. In August 2019, the Indian Parliament implemented a significant change by reorganizing Jammu and Kashmir's legislature from a bicameral to a unicameral system. On October 31, 2019, the Government recognized the State as a Union Territory after this change.

According to the Indian Constitution's 104th Amendment, this reservation is valid until 2030. In light of shifting demographics, the Indian Delimitation Commission regularly analyzes and modifies the seats for SCs and STs. The Table displays the reserved seats for SC and ST in the Lok Sabha.

Table 8: UTs-wise Reserved Seats in the Lok Sabha for General, SCs and STs, 2008-2030

[24]

The Indian Parliament comprises the Lok Sabha (Lower House) and the Rajya Sabha (Upper House), the country's top legislative body. With 543 parliamentary constituencies, each electing one member to the Lok Sabha, eligible voters directly elect the Lok Sabha members. The Government allocated reserved seats for SCs (Scheduled Castes) and ST (Scheduled Tribes) in the Lower House (Lok Sabha). The number of SC seats in the Lok Sabha was raised from 79 to 84 out of 543 constituencies by the Delimitation Commission's 2008 Parliamentary Delimitation and Constituencies Assembly Order. This change resulted from the overall population growth in the states, as reflected in the 2001 census. According to the Table, SCs have reserved 84 Lok Sabha seats across states and UTs (union territories). The distribution of SC seats varies across states. For instance, Andhra Pradesh had seven SC seats divided into four and three after Telangana became a separate state.

In contrast, eight states - Arunachal Pradesh, Goa, Tripura, Manipur, Mizoram, Meghalaya, Nagaland, and Sikkim - have no SC seats in the Lok Sabha. Some states, such as Assam, Chhattisgarh, Himachal Pradesh, Jharkhand, and Uttaranchal, have only one SC member. In union territories, Delhi has a reserved seat for SCs in the Lok Sabha, while the remaining seven union territories have no reserved seats. Notably, the Indian Constitution states that the Rajya Sabha, the upper body of Parliament, has no SC representatives.

The Central Government has reserved 15.34% of the workforce for SC employees and 6.34% for ST employees across 19 ministries. The Government reserves 22.5% of available spaces for SC and ST students in educational institutions. The reservation system also extends to the Lok Sabha, with 84 seats reserved for SCs and 47 seats reserved for STs. Overall, the reservation system in India is a critical component of the country's efforts to promote social justice and equality, and its complexities and variations reflect the diversity of the Indian population.

References

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3. Bakshi, P.M. (2013). The constitution of India. Universal Law Publishing Co. Pvt. Ltd, pp. 303.

4. Committee on the Welfare of Scheduled Castes and Scheduled Tribes. (2001-2002). Parliamentary digital library. Available at: https://eparlib.nic.in.

5. Garg, Tanmay. (2023). Role of reservation in promotion. Journal of Legal Research and Judicial Science. Available at: https://jlrs.com.

6. Gupta Subhash, Chandra. (2011). Reservation in higher education, validity of constitution 93rd amendment act, 2005 and the central educational institutions reservation in admission Act, 2006. Dehradun Law Review, 3(1), 32-33.

7. Gandhi, Bhawna. (2020). Reservation of ST in union and state services. Legal Service India. Available at: https://www.legalserviceindia.com.

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9. Mukherjee, Sandeep. (2014). Reservation policy. Variety Books Publishers, pp. 72.

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11. Mehta, Piarcy Lal. (1991). Constitutional protection to ST in India. HK Publications, pp. 285–286.

27. University Grant Commission. (2016, June 3). Implementation of reservation policy in admission and appointment.

[1] Thakar, Samriddhi. (June 23, 2021). What is the current structure of Reservation in India? Law Insider. Available at: https://www.lawinsider.in

[2] Mukherjee, Sandeep. (2014). Reservation Policy. Variety Book Publishers, p.72

[3]Mukherjee, Sandeep. (2014). Reservation Policy. Variety Book Publishers, p.72

[4] Manosanta, Biswas. (2018 July). India's Reservation Policy: Insisted for Social Justice and Equality in Education and Government Services. IJRAR, Volume 5, Issue 3, www.ijrar.org (E-ISSN 2348-1269, Print-ISSN 2349-5138) Pp. 80-85

[5] Gandhi, Bhawna. (2020). Reservation of ST in Union and State Services, Legal service India. Available at: https://www.legalserviceindia.com

[6] Reservation in India: Reservation System, Caste Reservation and Percentage. (2023, November 14): Byjus Examprep. Available at: https://byjusexamprep.com

[7] The Indian Central Civil Services Classification: Control and Appeal Rules. (1965). Reference. Available at: http://www.referencer.in

[8] Committee on the Welfare of Scheduled Castes and Scheduled Tribes. (2001-2002).

[9] Gupta, Subhash Chandra. (2011). Reservation on Higher Education, Validity of 93^rd Constitution Amendment Act, 2005 and the Central Educational Institutions Reservation in Admission Act, 2006, Dehradun Law Review, Vol. 3, Issue 1, Pp. 32-33

[10] Reservation in India: Reservation System, Caste Reservation and Percentage. (2023, November 14). Byjus Examprep, https://byjusexamprep.com

[11] Singh, K.P. (2015). UGC Order concerning the reservation policy in admission and appointments, Office letter No. F.21-2/2015, 2016, March 23

[12] Union Grant Commission. (2016, June 3). Implementation of reservation policy in admission & Appointment

[13] All India Survey of Higher Education Report. (2020-2021)