Model Answer
0 min readIntroduction
The Indian Constitution, rooted in the principles of social justice, recognizes the historical disadvantages faced by certain sections of society and provides constitutional safeguards for ‘Backward Classes’. These classes, encompassing socially and educationally backward classes, are identified based on criteria established by various commissions. The constitutional provisions aim to ensure equal opportunities and representation for these communities, addressing systemic inequalities. The journey of these safeguards has been dynamic, evolving through amendments and judicial interpretations to achieve substantive equality, as envisioned by the framers of the Constitution.
Constitutional Provisions for Backward Classes
The constitutional safeguards for Backward Classes are primarily enshrined in Articles 15 and 16, with subsequent amendments expanding their scope.
Article 15: Prohibition of Discrimination
Article 15(4) empowers the State to make special provisions for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and Scheduled Tribes. This provision allows affirmative action in educational institutions, including reservations. This was initially limited but expanded through subsequent amendments.
Article 16: Equality of Opportunity in Public Employment
Article 16(4) similarly enables the State to make provisions for the reservation of appointments or posts in favour of any backward class not adequately represented in the services under the State. This is the basis for reservations in government jobs.
Key Amendments & Their Impact
- First Amendment (1951): Authorized the State to make special provisions for the advancement of socially and educationally backward classes in matters of admission to educational institutions.
- Ninth Schedule (1951): Included State laws providing reservations, shielding them from judicial review (though this protection isn’t absolute).
- 73rd & 74th Constitutional Amendment Acts (1992): These amendments mandated reservations for Backward Classes in local bodies (Panchayats and Municipalities), ensuring their political representation at the grassroots level.
- 102nd Constitutional Amendment Act (2018): Granted constitutional status to the Backward Classes Commission, renaming it the National Commission for Backward Classes (NCBC) and empowering it to examine complaints of deprivation of rights and safeguards.
Landmark Judgements
- Indra Sawhney v. Union of India (1992): This landmark case upheld the 27% reservation for Other Backward Classes (OBCs) in government jobs, but introduced the concept of the ‘creamy layer’ – excluding economically advanced sections within OBCs from reservation benefits. It also capped the total reservation at 50%.
- M. Nagaraj v. Union of India (2006): Clarified that Article 16(4) is not a fundamental right, but an enabling provision, and that reservation must be ‘reasonable’ and not exceed 50% of available posts.
Identifying Backward Classes
The responsibility of identifying Backward Classes lies with the State Governments, who constitute State Backward Classes Commissions. The central government also has a National Commission for Backward Classes (NCBC) to advise on matters relating to the inclusion/exclusion of communities. Criteria generally include social, educational, and economic backwardness.
Recent Developments
The implementation of the 10% reservation for Economically Weaker Sections (EWS) among the general category, introduced in 2019, has raised questions about the overall reservation limit and its impact on existing reservations for Backward Classes. The debate continues regarding the balance between equity and efficiency in reservation policies.
| Article | Provision | Impact |
|---|---|---|
| 15(4) | Special provisions for advancement of Backward Classes in education | Reservations in educational institutions |
| 16(4) | Reservation of posts in public employment | Reservations in government jobs |
| 73rd & 74th Amendments | Reservation in local bodies | Political representation at grassroots level |
Conclusion
The constitutional safeguards for Backward Classes represent a significant commitment to social justice and equality in India. While these provisions have undoubtedly contributed to the upliftment of marginalized communities, challenges remain in ensuring effective implementation, addressing the ‘creamy layer’ issue, and balancing competing claims of equity. Continuous evaluation and refinement of these safeguards, guided by principles of inclusivity and social harmony, are crucial for realizing the constitutional vision of a just and equitable society.
Answer Length
This is a comprehensive model answer for learning purposes and may exceed the word limit. In the exam, always adhere to the prescribed word count.