Question

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What in India do you think is the maximum acceptable upper limit of reservation that could be taken as "reasonable" so as to be not taken as a violation of fundamental rights to equality?

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Answer 1

Reservation in simple language implies to an act of withholding, reserving or keeping back some of the seats for the upliftment of status and standard of living of socially and educationally backward sections, classes or groups. Reservation in Indian law is a form of affirmative action whereby a percentage of seats are reserved in the public sector units, union and state civil services, union and state government departments and in all public and private educational institutions, except in the religious/ linguistic minority edu­cational institutions, for the socially and educationally backward communities and the Scheduled Castes and Tribes who are inadequately represented in these services and institutions

Answer 2

The major reason for the inclusion of reservation scheme in Indian Constitution is that the framers of the Constitution believed that, due to the caste system, SCs and the STs were historically oppressed and denied respect and equal opportunity in Indian society and were thus under-represented in nation-building activities. Thus, to enhance their standards this scheme was made a provision under Article 15 and 16 as follows:
Article 15. : – Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth. :-

The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, and place of birth or any of them.No citizen shall, on grounds only of religion, race, caste, sex place of birth or any of them, be subject to any disability, liability, restriction or condition with regards to-
(a) access to shops, public restaurants, hotels and places of public entertainment; or
(b) the use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of State funds or dedicated to the use of the general public.Nothing in this article shall prevent the State from making any special provision for women and children.Nothing in this article or in clause (2) of Article 29 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and Scheduled Tribes.Nothing in this Article or in sub-clause (g) of clause (1) of article 19 shall prevent the state from making any special provision, by law, for the advancement of any socially and educationally backward classes of citizens or for the scheduled castes or scheduled tribes in so far as such special provisions relate to their admission to educational institutions including private educational institutions, whether aided or unaided by the State, other than the minority educational institutions referred to in clause (1) of article 30.