Tracing the Politics of Reservation in India

With the ongoing Lok Sabha Elections the debates and discussions surrounding reservation have once again enlivened. Reservation or Affirmative Action, a policy deeply entrenched in India's socio-political fabric, continues to be a contentious topic, igniting controversies, and electoral strategies alike. The socio-economic landscape of modern India presents a complex tapestry of aspirations, grievances, and disparities, against which the efficacy and fairness of reservation policies are continually evaluated.

Historical Evolution and Judicial Milestones in India's Reservation Policy

The roots of reservation in India can be traced back to the pre-independence era, where visionaries like Dr. B.R. Ambedkar and Mahatma Gandhi engaged in heated deliberations, eventually culminating in the historic Poona Pact of 1932, that shaped political representation of the backward classes. The Mandal Commission report of 1980, implemented by the then Prime Minister V.P. Singh in 1991 added a new dimension to this discourse by recommending a 27% quota for Other Backward Classes (OBCs) in government jobs and public sector undertakings, further expanding the ambit of affirmative action.

The constitutional provisions of Article 15 and 16 stand as pillars of commitment to social justice, guaranteeing equality to all and prohibiting discrimination. The landscape of policy of reservation underwent a significant transformation following the landmark Supreme Court judgement of Indra Sawhney case of 1992. This case also known as the Mandal Commission case was a watershed movement in the history of affirmative action in India. The Supreme Court upheld the implementation of the Mandal Commission's recommendations, which included a 27% reservation for OBCs in central government jobs and educational institutions. However, the Court introduced the concept of the "creamy layer," excluding the more affluent members of the OBCs from availing the benefits of reservation to ensure that the truly disadvantaged within the OBC category received the intended support.

The 2006 Anti-Reservation Movement and Its Impact on OBC Entitlements

From the earliest days, the OBC category has been a contentious one, as it formed the terrain on which the complex relationship between caste and backwardness, and the implications for state-sponsored affirmative action, had to be defined. The backwardness of the Scheduled Castes (SC) was more straightforwardly linked to the idea of untouchability. However, the entitlements of the OBC category have always been contested. One of the most significant instances of this contestation occurred during the anti-reservation movement of 2006. This movement emerged in response to the Congress-led United Progressive Alliance (UPA) government's proposal to reserve 27% of seats for OBCs in premier government educational institutions, such as the Indian Institutes of Technology (IITs) and the All India Institute of Medical Sciences (AIIMS). The proposal sparked widespread debate and opposition, highlighting the ongoing disputes over the criteria and implications of OBC reservations. Following widespread protest the Parliament passed the Central Educational Institutions Reservation in Admissions Act 2006, the validity of which was upheld by the in March 2007. This move, part of the UPA government's strategy, sought to consolidate its vote bank among OBC communities and reinforce its commitment to social justice.

Strategic Shift: BJP Navigating the Reservation Politics and Mobilising Voter Base

The NDA government led by Bharatiya Janata Party under the leadership of Prime Minister Narendra Modi gained full majority in 2014 and was re-elected in 2019. The Indian Parliament passed the 103rd Constitutional Amendment Act in 2019, inserting Articles 15(6) and 16(6) in the Constitution, providing for up to 10% reservation for EWS in higher education and public employment, solely based on economic criteria. This shift in reservation policy reflected intricacies of Indian politics, as BJP strategically manoeuvred to expand their voter base.. The move towards EWS quota was perceived by many as an attempt to garner increased support from upper castes, who were included in the OBC category, thus reshaping the dynamics of vote bank politics.

The recent remarks of Prime Minister Narendra Modi in a public meeting in Rajasthan, targeting the Muslim community and addressing the topic of quotas, sparked controversies. PM Modi referred to Muslims as “those who have a large number of children" and claimed that former Prime Minister Manmohan Singh had said in 2006 that “Muslims had the first claim on the country's resources.” He alleged that the 2024 Congress manifesto proposes to distribute wealth among Muslims if the party is elected, combining sections on wealth inequality and linking them to Singh's 2006 speech. However, a fact-check reveals that the fertility rate among Muslims is approaching the replacement level, and the gap between Muslim and Hindu fertility rates has significantly narrowed over the years. Additionally, data from 2005-06 and 2019-21 show that Muslims have historically lagged behind other religious groups in education and child mortality rates, validating Singh's emphasis on empowering vulnerable sections, including Muslims. Echoing these sentiments, the Union Home Minister recently stated that if the BJP wins, it will scrap the reservation given to Muslims in Telangana and allocate it to SCs, STs, and OBCs.

This political behaviour highlights an underlying challenge and reflects a growing apathy of voters towards the party. Analysing the BJP's strategy reveals a consistent focus on mobilising OBC voters through welfare politics. The introduction of the EWS quota in 2019 marked a significant shift in the reservation policy, aiming to garner support from upper castes and expand the party's voter base. This approach is evident again in the current campaign, where the BJP emphasises economic-based reservations and welfare schemes to appeal to a broader demographic. By focusing on welfare politics and strategically targeting key voter groups, the BJP aims to consolidate its support and address the concerns of its diverse electorate.

Conclusion
The discourses surrounding reservation have always remained a focal point of the national debate. Despite legal validations and periodic adjustments, reservations continue to spark controversies and elicit varied responses from different sections of society. The debates and movements, whether opposing or supporting these measures, underscore the dynamic and often contentious nature of affirmative action in India. As India progresses, the challenge lies in continually reassessing and adapting these policies to address the evolving needs and grievances of its citizens, ensuring that the promise of social justice remains a cornerstone of its democratic spirit.

Kanika Sharma / New Delhi
Contributing reports by Anushka & Manaswita, researchers at Polstrat