 Do you guys know the difference between equality and equity? Equality is the principle of treating everyone in a equal manner and Equity is the principle of treating people who are equal in a equal manner and people who are unequal in a different manner It is based on the principle of equity the concept of Reservation and affirmative action emerged in our country So in this short video, we will see about the constitutional provisions important Supreme Court judgments and important constitutional amendments regarding reservation in our country See, we know article 15 talks about prohibition of discrimination Right that to mainly on the grounds of religion race cast sex or place of birth But then we have this articles 15 class 4 and 16 class 4 That enables the state and the central government to reserve seats in the government services for the members of the Scheduled cast and schedule tribe. Why is this discrimination allowed? See the main objective of providing reservation to the scheduled cast Scheduled tribe and the other backward classes in services is not only to give jobs to some person belonging to these community It basically aims at importing them and ensuring their participation in the decision-making process of the state Okay, and thereby the Constitution makers wanted to ensure the objective of equity So now let us see what are all the constitutional provisions that are available regarding this reservation? Okay, first take article 15 class 4 It says that the state can make any special provision for the advancement of any socially and educationally backward classes of citizens or for the scheduled cast and scheduled tribes Then take article 16. We know that it talks about equality of opportunity in matters of public employment But in the same article in class 4 the state is given the power to make any provision for the reservation in Appointment or post in favor of any backward class of citizen This is done to uplift the Inadequately represented citizens of a particular community in the service under the state Okay, so we can understand that though the articles 15 and 16 talks about prohibition of discrimination and providing equality It can be ensured only when the socially and educationally backward classes of citizens are given equal Opportunity in power with others. This is why special reservation is given to them Not only in education and jobs even in Lok Sabha. We have reservation. Yes This is what is mentioned in article 3 30 See the article here says that seats in Lok Sabha are reserved for scheduled cast and scheduled tribes Then this reservation for schedule cast and schedule tribes is extended even to the state legislative assemblies This is done through article 332. Okay, then when you take the grass-tooth levels that is in the panchayat There is reservation for a season XTs. See it is clearly mentioned in article 243d this article provides for the reservation of seats in every panchayat and Not less than one-third of the total number of seats reserved shall be reserved for women belonging to Scheduled cast and schedule tribes. Okay, not only this even in the office of chairpersons in panchayat The seats are to be reserved for the scheduled cast scheduled tribes and women. Okay See the same kind of reservation is applicable to the municipality level also and now look at this article 335 This has a direct bearing on reservation in services Because this article says that the claims of the member of the scheduled cast and the scheduled tribe shall be taken into consideration So this article allows in making any provision in favor of the members of the scheduled cast and scheduled tribes For example, the qualifying marks in any examination can be relaxed or the standards of evaluation can be lowered All this can be done for the reservation in matters of promotion to any class or classes of services or post in the Union or the state affairs. Okay. Now coming to the cases and amendments regarding reservation Firstly, take the state of Midras, West Champakam Durai Rajan case that happened in the year 1951. This resulted in the first amendment of the Indian Constitution and this first constitutional amendment act addressed the country's Reservation program. We saw article 15 class 4 in the beginning of our discussion, right? Yes through this article the state is granted the power to work for the Backward classes or the scheduled cast in the scheduled tribe by making special provisions for them in the Educational and social upliftment. Okay, so this was added after the state of Midras, West Champakam Durai Rajan case through the first constitutional amendment act Okay, then came the MR biology versus state of Mysore case that happened in the year 1963 see in this case the clear explanation was made that the reservation are made based on classes that are both educationally and Socially down and not just one thing alone So for a class of citizens to avail reservation the particular class must be both Educationally and socially backward. This is about MR biology with state of Mysore case And one more thing that was concluded in the case is that Reservations under article 15 class 4 and article 16 class 4 of the Constitution must be provided within Reasonable limits prescribed and the Supreme Court prescribed a limit of 50 percent Okay, this is because reservation made to advance the weaker section of the society should not exclude qualified and Deserving candidates. This is why the limit was fixed. Okay, again a problem came a question arose Whether economic factor can be used to classify a community under backward class This issue was only dealt in the Indra Sony case in the year 1992 see the judgment of this case said that backward classes under article 16 class 4 cannot be identified on the basis of economic criteria alone It is only the socially and educationally backward classes that can avail reservation in India Then the concept of creamy layer was laid down and it was directed that such a creamy layer should be excluded while identifying backward classes Okay, then the Supreme Court in the Indra Sony case reiterated that Reservation shall not exceed 50% and moreover it is said that Reservation in promotion shall not be allowed and it concluded that any new disputes regarding criteria Were to be raised in the Supreme Court only Okay, and as a response to these judgments the parliament enacted the 77th constitutional amendment act in the year 1995 see according to this constitutional amendment only class 4 a was added in article 16 Okay, so through this article 16 class 4 a powers are conferred to the state to reserve seats in favor of Scheduled cast and scheduled tribe in promotion in public services This can be done only if the communities are not adequately represented in public employment And this amendment was upheld by the Supreme Court in the M. Nahraj West Union of India case in the year 2006 and in this judgment the Supreme Court laid out three requirement for the provision of Reservation in promotion firstly the scheduled cast in the scheduled tribe should be socially and educationally backward Secondly, there should be inadequate representation of schedule cast and schedule tribe in public employment and thirdly It shall not affect the efficiency in the administration only after considering all these requirements Reservation in promotion can be done. Okay, this is regarding M. Nahraj West Union of India case 2016 then take the 93rd constitutional amendment act its Constitutionality was questioned by the Ashok Kumar Thakur West Union of India case in the year 2007 See what is done through this amendment through the 93rd constitutional amendment act class 5 was added to article 15 It is only after class 5 was added to article 15 Reservation was provided in the private educational institution regardless of whether they are aided or unaided by the state Here note that the minority educational institutions are accepted from the reservation law in India Okay, while providing judgment in the Ashok Kumar Thakur case the Supreme Court upheld the constitutional Validity of the 93rd constitutional amendment act then came the next issue see the Tamil Nadu government provides 69% reservation to prevent it from the ambit of judicial review It was added to the ninth schedule of the Constitution through the 76th constitutional amendment act And the famous IR Coelho case is regarding this only see this case Upheld the validity of the basic structure doctrine framed after the Kesavananda Bhardhi case and the Supreme Court said that any constitutional amendment should be made without affecting the basic structure of the Indian Constitution So basically in the IR Coelho case the Supreme Court said that all legislation that is placed in the ninth schedule after the Kesavananda Bhardhi case is subjected to judicial review Okay, then in the Jhaar Nail Singh with Lakshmi Narayan Gupta case of 2018 the Supreme Court held that Reservation in promotions does not require the state to collect Quantifiable data on the backwardness of the scheduled cast and the scheduled tribes in the same case the Supreme Court Extended the creamy layer provision to the SCSD for promotion This was done so that only the deserving candidates among the SCSD's get the benefit of reservation Okay, finally in the Mukesh Kumar was a state of Uttarkhand case the Supreme Court held that there is no fundamental right to reservation or promotion under Article 16 class 4 or Article 16 class 4 a according to the Supreme Court the provision of reservation will be provided by the government Only when there is a specific need for it as a citizen cannot claim reservation as a right See these are the major Supreme Court judgments regarding reservation in India finally Let us take up the last and the most important constitutional amendment regarding reservation It is none other than the 103rd constitutional amendment act of 2019 this constitutional amendment provided 10% reservation in government jobs and educational institutions for the Economically backward in the UN reserved category through this constitutional amendment the government added class 6 to article 15 and class 6 to article 16 of the Constitution and this 10% Economic reservation is provided over and above the 50% reservation cap to know more about the issue of reservation and the Constitutional provisions regarding reservation listen to the Daily Hindu News Analysis by Shankar A.S. Academy and Subscribe to Shankar A.S. Academy YouTube channel Thank you for listening