Why Reservation is needed

There was further political change in the State of Tamil Nadu in the year 1971.  The DMK (Dravida Munnetra Kazhagam) split into two and another Dravidian party ADMK (Anna Dravida Munnetra Kazhzagam) was born.  The ADMK won state elections in 1971 and they brought in change in the reservation policy. While hitherto reservation was accorded based on social and educational backwardness, for the first time economic backwardness was introduced. Low income individuals among backward classes alone were eligible for the benefits of reservation.

In 1979, the Govt. passed G.O. Ms. No. 1156, Social Welfare Department, dated 2nd July 1979, superimposing a ceiling limit of Rs. 9,000/- per annum for eligibility for the various Backward Classes concessions including reservation.  This matter was agitated in Madras High Court but was dismissed.  Again there were lots of protests and on account of this. In 1980, the government reviewed the income ceiling fixed for determining the Backward Classes in consultation with all political parties and decided to remove it. While removing the income ceiling, the government also raised the percentage of reservation for Backward Classes from 31% to 50% in February 1980.  The total reservation was raised to 68% as detailed below:-

  Scheduled Castes / Scheduled Tribes   18%
  Backward Classes                               50%
  Open Competition                              32%

On the direction of the Supreme Court in W.P. Nos. 4995–1997/1980 and 402/1981, the government constituted the Tamil Nadu Second Backward Classes Commission under the Chairmanship of Thiru J.A. Ambasankar, a former IAS officer.  After considering the recommendations of this Commission orders were issued for the continuance of 68% reservation in the State.

After a detailed and careful consideration of the representations received from certain sections of Backward Classes stating that they were not adequately represented in Public Services and in educational institutions, the Government have issued orders in March 1989 to provide 20% reservation for Most Backward Classes and Denotified Communities from out of the 50% reservation them available for all Backward Classes leaving the remaining 30% for Backward Classes. Now, the reservation is distributed among the various categories of communities as given below:-

Scheduled Castes / Scheduled Tribes                     18%
Most Backward Classes / Denotified Communities  20%
Backward Classes                                                 30%
Open Competition                                                32%

Based on the directions of High Court in W.A.No.1692 of 1987, the State Government issued orders in June 1990 providing one percent separate reservation for Scheduled Tribes taken from 32 percent reservation then available for open competition. The quantum of reservation provided to various categories are:-

 Scheduled Castes                                               18%
 Scheduled Tribes                                                 1%
 Most Backward Classes/Denotified Communities  20%
 Backward Classes                                                30%
 Open Competition                                               31%

Thus, the 69% reservation is in vogue in the state since 1990.

The Supreme Court delivered its landmark judgment on the 16th November 1992, in Indra Sawhney Vs. Union of India (AIR 1993 SC 477) holding that the total reservations under Article 16(4) should not exceed 50 per cent.  When the issue of admission to educations institutions for the academic year 1993-94 came up before the High Court of Madras, it held that the Tamil Nadu Government could continue its reservation policy as hitherto followed during the current academic year (1993-94) and that the quantum of reservation should be brought down to 50 per cent during the next academic year in 1994-95.  The Government of Tamil Nadu filed a Special Leave Petition against this judgment of the High Court of Madras so that the present reservation policy of the state Government should be reaffirmed to ensure continued advancement of the Backward Classes.  The Supreme Court of India has passed an interim order reiterating that the reservation should not exceed 50 percent in the matter of admission to educational institutions.  The entire state of Tamil Nadu rose against this as before and almost all political leaders were deeply perturbed by the far-reaching implications of the judgment of the Supreme Court, curtailing the quantum of reservation to 50 per cent.

The Tamil Nadu Legislative Assembly, in a special session held on 9th November 1993, passed a resolution unanimously calling upon the Government of India to take steps immediately to bring in suitable amendments to the Constitution of India, so as to enable the Government of Tamil Nadu to continue the policy of 69 per cent reservation in Government Services and for admissions to educational institutions as at present, since this alone will ensure the continued progress of the Backward Classes people in Tamil Nadu and will provide for changing the social circumstances towards growth, in as much as about 88% of the total population belong to Backward Classes, the scheduled Castes and the Scheduled Tribes in the State.

The Legislative Assembly endorsed the suggestion made to observe a “Bandh” on 16th November 1993, throughout Tamil Nadu, mainly with a view to impress upon the Government of India the urgent need to take steps to amend the Constituition.   The bandh passed off peacefully since it had the wholehearted support of a large majority of the people of Tamil Nadu.

Reflecting these sentiments, an all party meeting held on the 26th November 1993 urged that there should not be any doubt or delay in ensuring the continued implementation of 69 percent reservation for the welfare and advancement of the Backward Classes.  It was unanimously resolved in the meeting that a constitutional amendment should be brought in or the State Government should bring in a Special Legislation.  The leaders of all political parties in Tamil Nadu requested the State Government to take all appropriate steps for the continuance of the present reservation policy in the State.

As resolved in the All Party Leaders’ Meeting, the Tamil Nadu Legislative Assembly, in its historic session on 31.12.1993, passed unanimously the Tamil Nadu Backward Classes, Scheduled Castes and Scheduled Tribes (Reservation of seats in Educational institutions and of appointments or posts in the services under the State) Bill, 1993 seeking to retain 69 percent reservation, taking recourse to Article 31-C of the Constitution of India.   The Hon’ble Chief Minister of Tamil Nadu led an All Party delegation to New Delhi and presented a Memorandum to the Hon’ble Prime Minister of India on 25.6.1994, stressing on the urgent need for the Presidential assent to the Tamil Nadu Reservation Bill. The President of India gave his assent to the Bill on 19.7.1994 and the Bill became an Act. (Tamil Nadu Act 45 of 1994).

It has been decided to address the Government of India for including the Bill immediately after it becomes law, in the Ninth Schedule to the Constitution, so that the law can not be challenged as violative of any of the Fundamental Rights contained in Part III of the Constitution including Articles 15 and 16, and gets protection under Article 31-B of the Constitution.  Accordingly the Government of India, Ministry of Welfare has been requested to take necessary action to have the said Act included in the Ninth Schedule to the Constitution.  The requisite information for processing the proposal was also furnished to Government of India.
 
One Thiru S.P.Sampath Kumar had filed a writ petition on 27.7.1994 in the Supreme Court of India (W.P. No.454 of 1994) challenging the validity of the Tamil Nadu Act 45 of 1994.  The petition has also prayed the Supreme Court to stay the operation of Tamil Nadu Act.  Some other writ petitions have also been filed before the Supreme Court on the same ground.  The Writ Petitions challenging the validity of the Tamil Nadu Act and stay petitions were taken up by the Supreme Court for consideration and in its order dated 1.8.1994 the Supreme Court admitted the writ petitions and referred them to the Constitution Bench.  However the Supreme Court had not granted stay for the operation of the Act.

In the meantime the President has given his assent on 31.8.94 to the Constitution (Seventy Sixth Amendment) Act, 1994 enacted by the Parliament and the Tamil Nadu Act 45 of 1994 has been included in the Ninth Schedule to the Constitution to get protection under Article 31-B of the Constitution.

The Writ Petitions challenging the validity of the Tamil Nadu Act 45 of 1994 are still pending before the Constitution Bench of the Supreme Court.  Since the writ petitions were not heard by the Constitution Bench, the Supreme Court is passing interim orders every year, directing the Government of Tamil Nadu to create additional seats in Professional Colleges to accommodate the students who would have been selected if 50 per cent rule of reservation was followed instead of 69 per cent reservation.  The directions of the Supreme Court on the creation of additional seats in professional colleges are being complied with.

The Government of Tamil Nadu have filed an Expeditious Petition before the Chief Justice of Supreme Court on 6.9.96 for fixing an early date for hearing the writ petitions referred to the Constitution Bench. But the Constitution Bench has not heard the case till date.

The Hon’ble Chief Minister of Tamil Nadu wrote a D.O. letter to the Hon’ble Prime Minister of India on 15.3.97 requesting the Government of India to adopt the policy of 27 per cent reservation for Other Backward Classes in all educational institutions run by them including all Scientific, Technical and Professional Institutions as recommended and advocated by the Mandal Commission.  Government of India have also been requested to amend the Constitution to empower the State Governments to determine the percentage of reservation taking into account the needs of the respective States. 

The history of reservation and also the backward class movement in Tamil Nadu has lot of lessons for students of sociology and politics.  Even concepts which have eluded enlightened researches in the field have easily been understood and adopted by many social reformers and political leaders from South India.  At times when implications of social backwardness and educational backwardness were not well understood,  many leaders have taken up the cause of backward classes in Tamil Nadu and exhorted people to take up the cause and win their benefits.

Without a policy of reservation, no attempts would have succeeded to bring in all-round growth in education and economic development in the State of Tamil Nadu.