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Abstract
During the post independence days, there was an atmosphere of accommodation and a nationalistic brotherhood, where every citizen of the newly attained nation-state was concerned about the need for an integrated and harmonious society, free of social and communal conflicts. The make-up of the Constituent Assembly reflected the reality of what groups wield power in India, then and now. From the outset, the Constituent Assembly laid out clearly its objectives and philosophy for the new constitution. The Assembly set up a special Advisory Committee to tackle minority rights issues. Our Constitution guarantees justice and equality of opportunity to all its citizens. It also recognizes that equal opportunity implies competition between equals, and not ‘un-equals’. The Constitution provided for protective discrimination under various articles to accelerate the process of building an egalitarian social order. Initially, the percentage of reservation provided reservation of 12.5 per cent for the SCs and 5 per cent for the STs but these percentages were subsequently enhanced in 1970 to 15 per cent and 7.5 per cent for SCs and STs respectively. All state governments also enacted laws providing for reservation for the SCs and STs in the services under their control. The numbers of reserved seats are determined by the proportion Scheduled Caste and Scheduled Tribe members to the general population, based on population estimates from the most recent decennial census. To give teeth to the protections for the Scheduled Castes and Tribes mandated by the Constitution, India’s Parliament has passed two major laws. Further, other concessions like reservation in promotions, etc. were also provided by the governments. In addition, social programs such as those directed at improving the education system, especially at the primary level and in rural areas, should be given more emphasis. Reservations apply to the public sector but not the private sector, the probable growth area of the Indian economy.