Doctors' Association for Social Equality

Reservation
Rashtrapita Jotiba Phuley and Rashtranirmata Dr.B.R.Ambedkar are the fathers of 'Concept of
Reservation'. They gave birth to the concept of reservation. So reservation is not a mere phenomenon or mere instrument to get, to secure some jobs in the Government. Reservation is the matter of participation in the governance of the country. Reservation is
nothing but representation in the Governance. We get reservation through Constitution. Article 15(4) and 16(4) talks of reservation (Representation) Article 15(4) Nothing in this article or in clause 2 of Article 29 (protection of minorities) shall prevent the state
from making any special provision for the advancement
of any socially and educationally backward classes.
Article 16(4)
Nothing in this 'article shall prevent the state from
making any provision for the reservation of
appointments or posts in favour of any backward class
citizens which, in the opinion of the state, is not
adequately represented in the services under the
state.
Under the 1950 Constitution of India, 15% of
educational and civil service seats were reserved for
"Scheduled castes" and 7.5% for "Scheduled tribes."
Root Cause of Mandal Commission
Dr.B.R.Ambedkar was in favour of giving representation
to Other Backward classes while drafting the
constitution of India. Because he was of the opinion
that besides SC/ST's there are vast castes which are
backward and needs representation in the governance of
the country. But there was so much oppose from all
angles and it was asked who the backward classes are?
As they were not having separate identity Dr.Ambedkar
put provision of forming a commission who will
identify who are these castes which needs
representation.
This Article 340 was the root cause of Mandal
Commission
Article 340(1)
The President may by order appoint a commission,
consisting of such persons as he thinks, fit to
investigate the conditions of socially and
educationally backward classes within the territory of
India and the difficulties under which they labour and
to make recommendations as to the steps that should be
taken by the union or any state to remove such
difficulties and as to improve 'their condition and as
to the grants that should be made, and the order
appointing such commission shall define the procedure
to be followed by the commission.
Article 340(2)
A commission so appointed shall investigate the
matters referred to them and present to the president
a report setting out the facts as found by them and
making such recommendations as they think proper.
As per this article of the constitution which was
implemented in 1950, the first Backward Class
commission was set up by a presidential order on
January 29, 1953 (3 years after the implementation of
the constitution due to the social movement pressure
of Dr.Ambedkar) under the chairmanship of Kaka
Kalelkar
Its terms of references were to:
1. Determine the criteria to be adopted in considering
whether any sections of the people in the territory of
India in addition to the SC and ST as socially and
educationally backward classes.
2. Using such criteria it was to prepare a list of
such classes setting out also their approximate
members and their territorial distribution.
3. Investigate the conditions of all such socially and
educationally backward classes and the differences
under which they labour and make recommendations
1. as to the steps that should be taken by the union
or any state to remove such difficulties or to improve
their economic condition, and
2. as to the grants that should be made for the
purpose by the union or any state and the conditions
subject to which such grants should be made;
3. Investigate such other matters as the president may
hereafter refer to them and
4. Present to the president a report setting out the
facts as found by them and making such recommendations
as they think proper.
Kaka Kalelkar commission adopted the following
criteria:
1. Low social position in the traditional caste
hierarchy of Hindu society.
2. Lack of general educational advancement among the
major section of a caste or community.
3. Inadequate or no representation in government
services.
4. Inadequate representation in the field of trade,
commerce and industry
The commission submitted its report on March 30,
'1955. It had prepared a list of 2,399 backward castes
or communities for the entire country and of which 837
had been classified as the 'most backward'.
Some of the most noteworthy recommendations of the
commission were:
1. Undertaking caste-wise enumeration of population in
the census of 1961.
2. Relating social backwardness of a class to its low
position in the traditional caste hierarchy of Hindu
society,
3. Treating all women as a class as 'backward';(As
Manusmruti denied the equal status to women with men
and put them in the fourth varna)
4. Reservation of 70 per cent seats in all technical
and professional institutions for qualified students
of backward classes.
5. Minimum reservation of vacancies in all government
services and local bodies for other backward classes
on the following scale: class I = 25 per cent; class
II = 33½ per cent; class III and IV = 40 per cent
Shri. Kaka Kalelkar, the Chairman, took a rather
equivocal stand on the issue, though he did not record
a formal minutes of dissent, in his forwarding letter
to the President he opposed the important
recommendations made by the commission.
But this report was not accepted by the Central
government on the ground that it had not applied any
objective tests for identifying the Backward Class.
Thus, there was a need of second backward classes of
commission.
Mandal commission
The Mandal Commission in India was established in 1979
to "identify the socially or educationally backward."
It was headed by Indian parliamentarian Bindheshwari
Prasad Mandal (B.P.Mandal, hence named as Mandal
Commission) to consider the question of seat
reservations and quotas for people to redress caste
discrimination, and used eleven social, economic, and
educational indicators to determine "backwardness."
Members of Mandal Commission
o Shri. B. P. Mandal - Chairman
o Shri. R. R. Bhole - Member
o Shri. Dewan Mohan Lal - Member
o Shri. L. R. Naik - Member
o Shri. K. Subramaniam - Member
Objective of Mandal Commission
1. To determine the criteria for defining the socially
and educationally backward classes
2. To recommend the steps to be taken for their
advancement.
3. To examine the desirability or otherwise for making
any provision for the reservation of appointments or
posts in their favour.
4. To present a report setting out the facts found by
the commission.
Methodology of Mandal Commission
Some of the important measures taken in this
connection were
1. Seminar of sociologists on social backwardness.
2. Issue of three sets of questionnaires to State
Government and the public
3. Extensive touring of the country by the Commission,
taking evidence of legislators, eminent public men,
sociologist
4. Undertaking country wide socio-educational survey
(A socio-educational field survey was organized under
the panel of experts with M. N. Srinivas as chairman).
5. Preparation of reports on some important issues by
specialized agencies.
6. Caste Study, village monographs and study of legal
and constitutional issues, Analysis of the census data
etc
Criteria to identify OBC
The Mandal Commission adopted various methods and
techniques to collect the necessary data and evidence.
The commission also adopted 11 criteria which could be
grouped under three major headings: social,
educational and economic in order to identify OBCs.
The 11 criteria's are as follows:
Social Criteria (4 * 3 = 12 points)
• Castes/classes considered as socially backward by
others.
• Castes/classes which mainly depend on manual labour
for their livelihood.
• Castes/classes where at least 25 per cent females
and 10 per cent males above the state average get
married at an age below 17 years in rural areas and at
least 10 per cent females and 5 per cent males do so
in urban areas.
• Castes/classes where participation of females in
work is at least 2 per cent above the state average.
Educational Criteria ( 2 points each, total 6 point)
• Castes/classes where the number of children in the
age group of' 5-15 years who never attended school is
at least 25 per cent above the state average.
• Castes/classes where the rate of student drop-out in
the age group of 5-15 years is at least 25 per cent
above the state average.
• Castes/classes amongst whom the proportion of
matriculates is at least 25 per cent below the state
average.
Economic Criteria (1 point each, total 4 point)
• Castes/classes where the average value of family
assets is at least 25 per cent below the state
average.
• Castes/classes where the number of families living
in kuccha houses is at least 25 per cent above the
state average.
• Castes/classes where the source of drinking water is
beyond half a kilometer for more than 50 per cent of
the households.
• Castes/classes where the number of households having
taken consumption loans is at least 25 per cent above
the state average.
All castes, which had a score of 50 per cent (i.e., 11
points) or above by applying the 11 criteria were
listed as socially and educationally backward and the
rest were treated as 'advanced'.

By adopting this multilateral approach the commission
was able to cast its net far and wide and prepared a
very firma and dependable database for report.
Findings and report
The commission estimated that 52% of the total
population (excluding SCs and STs), belonging to 3,743
different castes and communities were 'backward'.
Figures of caste-wise population are not available
beyond. So the commission used 1931 census data to
calculate the number of OBCs. The population of OBCs
was derived by subtracting from the total population
of Hindus, the population of SC and ST and that of
forward Hindu castes and communities, and it worked
out to be 52 per cent.
However, only 27 per cent of reservation was
recommended owing to the legal constraint of the
Honorable Supreme court ruling that the total quantum
of reservation should not exceed 50 percent.
These recommendations in total are applicable to all
recruitment to public sector undertakings both under
the central and state governments, as also to
nationalised banks. All private sector undertakings
which have received financial assistance from the
government in one form or other should also be obliged
to recruit personnel on the aforesaid basis. All
universities and affiliated colleges should also be
covered by the above scheme of reservation. Although
education is considered an important factor to bring a
desired social change, "educational reform" was not
within the terms of reference of this commission. To
promote literacy the following measures were
suggested:
1. An intensive time-bound programme for adult
education should be launched in selected pockets with
high concentration of OBC population;
2. Residential schools should be set up in these areas
for backward class students to provide a climate
specially conducive to serious studies. All facilities
in these schools including board and lodging should be
provided free of cost to attract students from poor
and backward homes;
3. Separate hostels for OBC students with above
facilities will have to be provided;
4. Vocational training was considered imperative.
It was recommended that seats should be reserved for
OBC students in all scientific, technical and
professional institutions run by the central as well
as state governments. The quantum of reservation
should be the same as in the government services, i e,
27 per cent
The above reservation should also be made applicable
to promotion quota at all levels. Reserved quota
remaining unfilled should be carried forward for a
period of three years and de-reserved thereafter.
Relaxation in the upper age limit for direct
recruitment should be extended to the candidates of
OBC in the same manner as done in the case of SCs and
STs. A roster system for each category of posts should
be adopted by the concerned authorities in the same
manner as presently done in respect of SC and ST
candidates.
According to 2001 census, out of India's population of
1,028,737,436 the Scheduled castes comprises
166,635,700 and Scheduled Tribe 84,326,240, that is
16.2% and 8.2% respectively. (The SC/ST population has
increased as per the census of 2001). There is no data
on OBCs in the census.
The implementation of Mandal commission will lead to a
reduction of social and educational backwardness and
give a chance to live to the backwardness and give a
chance to live to the backward classes who constitute
52% of the population of India.
When 27% reservation of jobs and educational seats is
given for people constituting nearly more than 52% of
the population. But those who constitute less than 15%
(higher castes who are getting 100% reservation for
the last 1000 years)grab 100% of power - and that is
supposed to be in the national interest, etc. Brahmins
who are 3.5% of the total population enjoys 100%
representation in the Union Cabinet, in Secretariat
positions, in Governors' and Vice-Chancellors' and
ambassadorial jobs, that does not raise even an
eyebrow of the so-called casteless society wallahas!
'Caste' cannot be used to deny social justice to a
vast majority of the people; neither can caste be
allowed to be used to maintain privileges and
positions grabbed and retained by a microscopic
minority (3.5% Brahmins) for thousands of years. The
struggle against caste cannot be side-tracked to
perpetuate the domination of the higher caste. The
struggle against caste is the most intense from of
class-struggle in the Indian situation.
But the main thing is that besides reservations, the
Mandal Commission has recommended certain structural
changes. The Commission has sharply focussed on the
fact that a large majority of the OBCs live in
villages, that they are poor farmers, or farm
labourers or village artisans whose 'business' has
been completely destroyed by the Batas and Garwares.
These rural poor are today completely under the
control of the rich farmers and traders who have
reduced them to a state of slavery. Their conditions
cannot be change takes place in the relations of
production. The Commission wants a change in the
private ownership of the means of production both in
industry and agriculture. Even if the existing laws in
the statute books are enforced ruthlessly and
impartially, it would give considerable relief to the
poor. At least, the strange hold of rich farmers will
be loosened, if not broken. The Commission recommends
that the Ceiling Act and other land reform statutes
should be vigorously enforced.
The SC/ST and the OBC solidarity, let it be
understood, unites 85% of the people, suppressed,
exploited and condemned to a life of degradation and
humiliation. The Mandal Commission has opened the visa
of such powerful consolidation of the exploited
people.
The struggle for land which in effect would also
become the struggle for the liberation of the poor
from the dominant rich in rural areas, is also linked
up with the struggle for survival of rural artisans.
They have no land, or very little of it, and their
traditional occupations have been ruined by the
invasion of big companies. The Commission has
recommended that separate financial institutions
should be set up to help them organize their
occupation on a cooperative basis. These cooperatives
must be controlled only by the rural artisans.
Furthermore, these rural artisans must be given
training in the use of modern instruments, modern
methods and style. A comprehensive charter of demands
for the entire rural OBCs, those in farming and rural
artisans, based on these recommendations of the Mandal
Commission, could galvanize the rural masses into a
concerted action.
There is yet another dimension to the prospects opened
by the Commission. The Commission has broken fresh
grounds and has carried out its investigations into
the conditions of the backward sections among Muslims
and Christians, thus transgressing religious
divisions. The Commission has shown, with substantive
evidence, how backwardness-social and
educational-prevails even among religious communities
which avowedly do not believe in caste. They believe
in the equality of man. Yet there exist divisions of
'high' and 'low'.
The Mandal Commission recommendations for OBCs are
applicable to all 3743 castes, thus the struggle for
the recommendations of the Mandal Commission can unite
all the exploited and oppressed masses irrespective of
religious divisions. Their struggle against high caste
domination and exploitation can become the struggle
against capitalist-landlord exploitation and therefore
a struggle for equality and social justice.
Members of village vocational communities who want to
set up small-scale industries on their own should be
given suitable institutional finance and technical
assistance. In addition, similar assistance should be
extended to those promising OBC candidates who have
undergone special vocational training. In this regard,
separate financial institutions should also be
established.
It was also considered imperative that all state
governments should create a separate network of
financial and technical institutions to foster
business and industrial enterprise among OBC as a part
of its overall strategy to uplift them.
To implement all these recommendations, Central and
state governments should form separate ministry
On 30th April 1981, Mandal Commission was submitted to
both the houses of parliament but former prime
minister Indira Gandhi and after that Rajiv Gandhi
cleverly ignored it.
The Supreme Court gave its verdict in favour of the
implementation of 1990 order of the Union Government,
providing reservation in jobs. So from 1992, a part of
the recommendations of the Commission is being
implemented.
Supporters of the Mandal Commission argue that
national unity should be on the basis of justice for
all castes, and that both traditional varnashram and
post-independence Congress Raj had worked only to the
benefit of brahmins and other privileged minorities.
They also argue that reservations are essential to the
uplift and empowerment of people from less privileged
castes.
Note : Creamy Layer
The Income limit has since been raised from Rs. 1 lakh
to Rs.2.5 lakhs w.e.f. 09.03.2004 vide DOP2T O.M, No.
36033/3/2004-ESTT(Res) dated 09.03.2004.