Rethinking Caste Reservation Policy: The Case of the Scheduled Tribes and the Scheduled Castes in Rajasthan

Abstract

The State of Rajasthan witnessed a huge dispute between Gurjars and the State Government regarding admission of Gurjars in the list of Scheduled Tribes. This was greatly protested by Meenacommunity who are already having the status of Scheduled Tribe. There was a very complicated tripod created when even the Jats of Rajasthan started agitating. This scenario has raised the eyebrows of even other castes like Brahmins, Rajputs who were demanding reservations earlier. This development has taken place when the public memory is still fresh regarding the AIIMS Doctors' strike against reservation when the Union HRD Ministry's proposal of 27% reservation for OBC students in Centrally-funded universities has re-ignited the merit versus caste debate in the education sector, reviving the furore the Mandal commission recommendation raised in 1991.The 77^th Constitutional amendment was passed to undo the effect of the judgment of a nine-judge bench of the Hon’ble Supreme Court in Indra Sawhney v. Union of India (1992), wherein it was held that the reservation in promotions is not permissible. However, the subsequent court decisions have diluted the amendment’s effect and have also introduced other restrictions on reservations. This article highlights the flaws, irregularities, constitutional misinterpretation, and inconsistencies in the reservation system in India.