Sub-Categorisation Of Backward Classes For The Purposes Of Reservation: A Step Towards Equitable Apportionment​​

Mr Manish Rao
PhD Research Scholar, Department of Law, University of Rajasthan, Jaipur, India.

Volume IV, Issue I, 2021

When the Indian Constitution was framed, the framers of the Indian Constitution had a motto to remove the disparity in society on the basis of religion, sex, colour, caste and race. So to attain equality, provisions were inserted in the Constitution to uplift the down-trodden class and to bring them at par with the upper class of the society. Providing reservation was one of the ways to empower and to ensure participation of the weaker section of the society in the decision-making process. Article 15(4) and 16(4) of the Indian Constitution empowers the State to make special provisions for the advancement of backward classes or Scheduled Caste and Scheduled Tribes so that they can get equal opportunity and status in the society. Giving reservation to the weaker section of the society is considered as positive discrimination because sometimes it is essential to treat people differently to achieve equality.

As John Rawls difference principle says that, “Reservation to be made for the greatest benefit of the least advantaged members of society”. However, in India, the implementation of reservation provisions has mostly benefitted the topmost layers of backward class, SCs and STs. The lowest section of the society has received negligible benefits out of these reservation policies.

Researchers have examined various surveys which reflects the inequitable distribution of benefits of reservation policies. To achieve the actual aim to uplift the lower strata of the society, sub-categorization of weaker sections could be done, so that comparatively, that person can get benefit who requires it the most, a person who is certainly backward in term of education and social status can avail the benefit of the reservation system.