The Supreme Court’s recent remarks calling for a reform in the reservation system and suggesting that "75 years of benefits are enough" have stirred up significant debate across legal, political, and social circles. The apex court, in its judicial capacity, has asked the legislature and executive to revisit the system of reservation in India, which has been a cornerstone of affirmative action. The court’s statement came in the context of discussions surrounding the balancing of social justice and the need to provide opportunities to all sections of society.

The Need for Reform:

Understanding the Context India's reservation system was originally established under Article 15 and Article 16 of the Constitution, which provide for the protection of underprivileged classes like Scheduled Castes (SCs), Scheduled Tribes (STs), and Other Backward Classes (OBCs).

You can also read the latest judgment by visiting [Latest Judgment].
For more information, visit [Aashayein Enquiry Section]

A Landmark Ruling:

The Supreme Court,By a majority of 6:1, the bench had overruled the 2004 judgment of a five-judge Constitution bench in case of ‘E V Chinnaiah vs State of Andhra Pradesh’, has highlighted the need for reform in the reservation system, suggesting that 75 years of benefits may be sufficient and that the system needs to evolve.

Justice B.R. Gavai, part of the seven-judge bench and the only Dalit judge, highlighted the necessity of sub-categorizing castes within the SC and ST communities. This would ensure equitable distribution of reservation benefits, targeting those who are genuinely socially, economically, and educationally disadvantaged.

The bench underscored that individuals who have already leveraged reservation to secure significant socio-economic advancements should no longer qualify for affirmative action. “They have reached a stage where on their own accord they should walk out of the special provisions and give way to the deserving and needy,” Justice Gavai remarked.

Constitutional Basis of Reservation:

The reservation system finds its foundation in the Constitution of India, particularly through the following provisions:

1. Article 15(4): This allows the state to make special provisions for the advancement of socially and educationally backward classes, SCs, and STs.

2. Article 16(4): This provides for the reservation of appointments or posts in favor of backward classes, ensuring their representation in government jobs.

3. Article 46: It directs the state to promote the educational and economic interests of the weaker sections of society, particularly SCs, STs, and OBCs.

While these provisions are crucial in addressing historical inequalities, the Court has raised concerns regarding the persistent implementation of reservation without periodic review of its relevance, especially in light of evolving socio-economic conditions.

Relevant Case Laws:

Several landmark judgments by the Supreme Court have shaped the reservation policy in India.:

1. Indra Sawhney v. Union of India (1992): This case upheld the reservation system and introduced the concept of the "creamy layer" in the OBC category. The Court also imposed a 50% cap on the total reservation, which has remained a point of contention in subsequent cases.

2. M. Nagaraj v. Union of India (2006): The Supreme Court upheld the constitutional validity of reservation in promotion for SCs and STs but made it conditional upon the state proving the backwardness of the group and the inadequacy of representation in public services.

3. Jarnail Singh v. Lachhmi Narain Gupta (2018): This case reaffirmed the 50% cap on reservation and held that the "creamy layer" exclusion applies not only to OBCs but also to SCs and STs in the context of promotions.

Conclusion

The Supreme Court’s call for reform in the reservation system reflects an urgent need for the legislative and executive branches of government to review the effectiveness of the current framework.

The Court's role in safeguarding fundamental rights is vital, but it is equally important for the legislature to periodically review laws and policies in line with changing social realities. As India approaches the 75th anniversary of its independence, this is an opportune moment for a comprehensive review and reform of the reservation system, one that balances social justice with the goal of a fair and inclusive society.