Affirmative Action in India via Vertical and Horizontal Reservations

Built into the country’s constitution, one of the world’s most comprehensive affirmative action programs exists in India. Government jobs and seats at publicly funded educational institutions are allocated through a Supreme Court-mandated procedure that integrates a meritocracy-based system with a reservation system that provides a level playing field for disadvantaged groups through two types of special provisions. The higher-level provisions, known as vertical reservations, are exclusively intended for backward classes that faced historical discrimination, and implemented on a “set aside” basis. The lower-level provisions, known as horizontal reservations, are intended for other disadvantaged groups (such as women or disabled citizens), and they are implemented on a “minimum guarantee” basis. We show that, the Supreme Court-mandated procedure suffers from two major deficiencies: Not only a candidate can lose a position to a less meritorious candidate from a higher-privilege group, completely against the philosophy of affirmative action, but she can also lose a position simply because of disclosing her disadvantaged status. This loophole under the Supreme Court-mandated procedure causes widespread confusion in India, resulting in countless lawsuits, conflicting judgements on these law- suits, and even defiance in some of its states. A recent amendment in the Constitution of India has a potential to amplify the adverse effects of these shortcomings, especially to the detriment of female candidates. We propose an alternative procedure that resolves both deficiencies with the smallest possible deviation from the Supreme Court-mandated procedure.