Question

Reservation Policy is the acceptance of failure by the government to do justice to each and every individual citizen. Comment on this statement​

Answer 1

Answer:

The provisions available in the Constitution of India, based on which orders relating to reservations in services for Scheduled Castes (SCs), Scheduled Tribes (STs) and other Backward Classes (OBCs) have been issued by Department of Personnel & Training and Ministries of Social Justice of Government of India. The provisions made in the Articles 16, 335, 338, 340, 341 & 342 of the Constitution relate to reservation, protection and safeguards, in public employment in respect of the persons belonging to the SCs/STs and other backward classes.

Article 16 enables the ‘State’ to make provisions for reservation of appointments or posts in favour of SCs, STs and OBCs. However, the detailed provisions regarding the quantum and the applicability of reservation in appointment or posts are governed by the orders issued from time to time by the Department of Personnel &Training, Ministry of Personnel, Public Grievances and Pension, Government of India. The applicability of reservation orders is dependent on the method of recruitment. Not only the percentage of reservation but also the procedure of the application of reservation will depend and vary according to the method of recruitment

However the job reservation policy has three important flaws. First, it has a "discriminatory bias against Muslims who do not benefit from such policies". Second, it emphasises caste or tribe rather then income or wealth:

The goal of reservation in India has been to bring about an improvement in the welfare who, historically, have been economically and socially depressed. But, in arriving at this judgement about who should be eligible for reservation, the criterion has been a person’s caste rather than his income or wealth. Consequently, groups belonging to what Article 115 of the Indian Constitution calls “socially and educationally backward classes” have benefited from reservation even though, in practice, many of these groups could not be regarded as “backward”. This has meant that many of the benefits of reservation have been captured by well-off groups from the depressed classes (for example, chamars from the SC) while poorer groups from the depressed (for example, bhangis from the SC) have failed to benefit.

Explanation:

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