RESERVATION FREE INDIA: CIRCUMSTANCES AND POSSIBILITY

By- Mohd. Shagil Ansari & Nayela Raies, LLM Candidates, Department of Laws, Aligarh Muslim University, Aligarh


Abstract

This paper explores the evolution and impact of India's reservation policies. It begins by establishing the historical necessity of reservation as a remedy for centuries of caste-based discrimination, using poignant examples of social injustice. The paper then analyzes the constitutional framework supporting these policies. While acknowledging their original purpose, the research highlights the current challenges, arguing that the system has strayed from its goal. Citing a recent commission's findings, it reveals that the benefits of reservation have been disproportionately monopolized by a small elite within backward communities, failing to reach the most marginalized. The paper concludes by proposing a shift toward a meritocratic, needs-based system that would limit reservation to genuinely impoverished individuals for a set period. It suggests that a reservation-free India is a long-term goal achievable by addressing the root causes of social and economic inequality, rather than perpetuating a system that often benefits the privileged.

Introduction:

In the words of Baruch Spinoza, "If you want the present to be different from the past, study the past."

Before proceeding further, it becomes a necessity to know the background of reservation in India, why reservation exists in India, and what the need is for imposing this necessary evil.

'A' child of Family-X was born into a poor Dalit family and didn't get an education, proper nutrition, medical care, shelter, privacy, dignity, guidance, motivation, support, and proper resources just because he was poor and Dalit. Is 'A' responsible for his birth or caste?

'B' a child born in an affluent Family-Y had a proper education, proper nutrition, the best medical care, shelter, privacy, dignity, professional counselors, and everything else. Did B chose his family or caste before birth? Is there any achievement or hard work done by B to get all these privileges by birth?

Now everyone can predict the good performance of B over A in the job, business, education, family just because of a mere accidental birth in family Y.

This story is not the story of Family X or Family Z; it's the abominable story of our beloved country, India, before independence, where social injustice prevailed because of casteism and prolonged discrimination and prejudice.

Just before 100 years ago, lower-caste women in the kingdom of Travancore had to pay the breast tax (Mulakarram) if they hid their breasts in public.

Even Ambedkar, the intellectual mind, was not allowed to sit in class, touch the water, or take other necessary steps; his teachers did not touch his copies, and schoolmates would not eat beside him.