The legal origin of Reservation Policy in India began with lying down of the

Government of India Act, 1919 which came during the turbulent period of World War
I. Post- Independence the scenario changed and the reservation policy gained even
more momentum than the pre-independence era. The Constituent assembly chaired by
Dr. B.R Ambedkar framed the reservation policy and many Articles in the Indian
Constitution were dedicated for the same.Article 15(4) is an exception to clauses 1
and 2 of Article 15, and it was added by the Constitution (1st Amendment) Act,
1951, as a result of the decision in State of Madras v. Champakam Dorairajan Under
this clause, the state is empowered to make provisions for the advancement of any
socially and educationally backward classes of citizens or for the Scheduled Castes
and Scheduled Tribes. After the amendment, it became possible for the state to put
up a Harijan Colony in order to advance the interest of the backward classes.The
new clause 5 provides that nothing in Article 15 or in sub- clause (g) of Clause 1
of Article 19 shall prevent the state from making any special provisions, by law,
for the advancement of any socially and educationally backward classes of citizens
or for the Scheduled Castes or the Scheduled Tribes in so far as such special
provisions relate to admission to educational institutions including private
educational institutions, whether aided or unaided by the State, other than the
minority educational institutions referred to in Clause (1) of Article 30. Yes,
states can give more than 50% reservation as some states are giving 50%+
reservation.

States giving more than 50% reservation :

1. Tamil Nadu : 69%

2. Jharkhand : 60%
Honourable Supreme Court of India have given a directive to give reservation upto
50% only. That reservation can't be beyond 50% because we have to save the soul of
our constitution that "Right of Equality". The same is in Article 15 (5 ) and 16
(4).

Article 48 of the Constitution states that

"The State shall promote with special care the educational and economic interests
of the weaker sections of the people, and, in particular, of the Scheduled Castes
and the Scheduled Tribes, and shall protect them from social injustice and all
forms of exploitation."

It is a directive principle of state policy actually.

therefor it depends on the situation of the state and the population living there
like in the case of Tamil Nadu where only 18% seats are reserved for SC rest are
for OBC, thos is beacuse the demography comprises more percentage of OBC class
similarly in Jharkhand maximum reservation is for ST due to maximum tribal
populatio.
Also, The Union Cabinet has approved a proposal to set up a panel to examine sub-
categorisation of the Socially and Educationally Other Backward Castes (OBCs). he
stratification of OBC quota could lead to a quota within quota in OBC reservations.
This is a move which could affect educationally and socially advanced communities
within the backward classes who have benefited from the policy of positive
discrimination over the past three decades.Regardless of the political impulse that
led the government to announce creation of a committee to look into sub-
categorisation of Other Backward Classes (OBC), it provides an opening to ensure
social justice in an efficient manner.

Neither I am a supporter of BJP nor do I belong to a backward caste/class I just

want to give a more wider view of issue. Also since the supression was done on the
basis of caste by our ancestors therefore one just cannot question the caste based
reservation.

Even though I am against reservation policy.