Optimal Level and Balanced Approach to Reservations
Vanam Jwala Narasimha Rao
The Hans India
(04-08-2024)
{Reservations did play a significant role
in ‘Promoting Social Justice and Equity.’ Nevertheless, either continuing
reservations in the same fashion, or adopting ‘Creamy Layer’ concept, to
exclude more affluent and better-educated from availing reservations, is a
complex issue and debatable intellectually, objectively, and dispassionately. It
is essential to periodically review and assess the effectiveness and rationale
of reservation policy, in its entirety, including data-driven socio-economic
progress of beneficiaries. ‘Balancing Merit and Reservation’ is crucial for
maintaining standards and competency. ‘Economic Criteria’ may perhaps better
help many disadvantaged individuals to receive support irrespective of caste. ‘Optimal
Level and Balanced Approach to Reservations’ is appropriate with changing times}
– Editor’s Synoptic Note
Former Governor Kumud
Ben Joshi of erstwhile Andhra Pradesh, whenever she differed with Chief
Minister NT Ramarao, always defended herself saying, ‘I am Citizen First and
Governor Next.’ In 2001, National Human Rights Commission Chairman Justice
JS Verma and Union External Affairs Minister Jaswant Singh differed on
inclusion of ‘Treatment of Dalits in India’ in the UN ‘Conference
Agenda’ on Racism.
During Emergency in a
Habeas Corpus Case, while four senior most Judges of Supreme Court, ruled in
favor of ‘State's Right to Unrestricted Powers’ of detention, Justice HR
Khanna in his dissenting opinion said that, ‘A dissent is an appeal to the
brooding spirit of the law, to the intelligence of a future day, when a later
decision may be possible to correct the error.’ His decision did ‘Cost
him Badly’ in denial of the coveted Chief Justice Elevation. 24 years later,
Apex Court admitted that its ‘Emergency Time’ decision was ‘Erroneous
and Violated Fundamental Rights.’ Justice Khanna’s dissent is remembered
for ever for upholding fundamental Rights. That is ‘The Value and beauty of
Dissent’!
A ‘Tweet’ by IAS Officer Smita Sabharwal, unpleasantly led to ‘Bulldozing Protests’ from few
individuals and organizations, including unviable challenges like demanding her
to sit for UPSC examination again and beat her score. Equally, many supported Smita’s
logic. In her view, IAS is a ‘Leadership
Role’ requiring prompt response to ‘Law-and-Order’ situations, be
agile, be able to tour extensively, do field work, listen first hand to issues,
and to be the ‘First Responder for Disaster Management.’ With due regard
to all who fight against odds, Smita honestly feels that any form of visual,
hearing, ‘Locomotive Disability’ may hamper these functions, like in
jobs with specialized needs. It maybe inconsequential, whether Smita
is ‘Absolutely or Partially Right or Wrong’ but should her ‘Freedom
of Expression, Difference of
Opinion, and Dissent’ which is the philosophy behind Article 19 of Constitution and its Preamble - where
a solemn resolve is made to secure to all its citizens, liberty of thought and
expression - be denied ‘Lock
Stock and Barrel’?
In
India, ‘Reservations’ were necessitated to correct
the oppression, inequality and discrimination inflicted on few communities,
when the earlier times Hindu Society was
divided into four Varnas, or Classes, that resulted in ‘Social, Economic, and Political Disadvantage’
to some, and leaving ‘Untouchables’
(Dalits) as they were called then, outside this system. During Independence Movement Leaders like Nehru,
Ambedkar, Gandhi etc. made efforts to help Dalits under British Colonial Rule.
When in 1882 (William) Hunter
Commission was appointed by Viceroy Lord Ripon, Jyoti Rao Phule and Hunter conceived
the idea of ‘Caste-Based Reservation System.’ Later, British Raj
introduced ‘Elements of Reservation’ in the Government of India Act
1909. ‘Reservation System’ that exists today, was introduced in 1933 through
'Communal Award' by British Prime Minister Ramsay Macdonald, providing separate
representation for Muslims, Sikhs, Indian Christians, Anglo-Indians, and
Europeans. The 'Poona Pact' signed between Gandhi and Ambedkar, led to
single Hindu electorate with reservations, wherein ‘Dalits’ having seats
reserved within it. Representation of ‘Depressed
Classes’ was intended then to be ‘Temporary.’
Reservation of Seats
for Depressed Classes was incorporated into the Government of India Act 1935, and
introducing the term ‘Scheduled Castes.’ With independence in sight,
Ambedkar successfully expanded the scope of reservations from Legislative Seats
to ‘Government Jobs and Education.’ Cabinet Mission Statement of May
1946, laid out a plan for the Constituent Assembly’s Composition, such that the
body be a broad-based one. In addition to divisions for Muslims and Sikhs, it
suggested ‘General Category’ which would include Hindus, Anglo-Indians,
Parsis, Indian Christians, the Scheduled Castes (ST), Scheduled Tribes
(ST), and women.
First Prime Minister Jawaharlal
Nehru, who sought to build a ‘Secular India’ designated Ambedkar as Law
Minister, who became chairman of the ‘Drafting Committee’ for India’s Constitution.
The draft included Muslims and Indian Christians among the beneficiaries of
reservations in legislatures. In 1950,
Constitution provided reservations in education and government jobs for SCs and
STs, Initially at 12.5% and 5% respectively, which now stand at 15% and 7.5%
respectively, reflecting increase in population. Following Mandal Commission
Report, in 1990 VP Singh Government, provided 27% reservation for the Other
Backward Classes (OBC).
10%
reservation for ‘Economically Weaker Sections (EWS)’ in general category
was introduced in 2019 through Constitutional Amendment. ‘Persons with
Disabilities (PWD) Act’ provided 3% reservations to ‘Differently Abled Persons’
in 1995 and increased to 4% in 2016. Percentage
of all these adds up to 59.5% Vertical (SC, ST, OBC and EWS) and 4% Horizontal
(PWD) which can overlap with SC, ST, OBC, and EWS categories. The grand total
is 63.5%!!!
The Supreme
Court which capped total reservations at 50% in 1992, to ensure that ‘Merit
is not Compromised in Public Employment and Education’ upheld in 2022 the
decision of 10% reservation for EWS as an exception, taking total reservations
beyond ceiling. Several states favored additional reservations, beyond ceiling,
but Supreme Court emphasized that any breach of ceiling must be based on extraordinary
circumstances.
Recently Apex
Court refused to pause Patna High Court's order scrapping 65% quota in Bihar. Reservations
did play a significant role in ‘Promoting Social Justice and Equity.’
Nevertheless, either continuing reservations in the same fashion, or adopting ‘Creamy
Layer’ concept, to exclude more affluent and better-educated from availing
reservations, is a complex issue and debatable intellectually, objectively, and
dispassionately. It is essential to periodically review and assess the
effectiveness and rationale of reservation policy, in its entirety, including
data-driven socio-economic progress of beneficiaries. ‘Balancing Merit and
Reservation’ is crucial for maintaining standards and competency. ‘Economic
Criteria’ may perhaps better help many disadvantaged individuals to receive
support irrespective of caste. ‘Optimal Level and
Balanced Approach to Reservations’ is appropriate
with changing times.
Meanwhile, the Seven-Judge
Supreme Court Constitution Bench, headed by CJI DY Chandrachud, on First August
held that, the states have the Right to sub-classify within the socially
heterogeneous class, the SCs, based on their backwardness for benefits of
reservation. Four of the Seven Judges viewed that the ‘Creamy Layer
Principle’ be extended to SC/ST category as in the case of OBC to exclude
affluent availing benefits of reservation. ‘Reservation should be meant for
only the first generation among a category and if the second generation has
come up then benefits of reservation shall not be given and State should see if
after reservation the second generation has come shoulder to shoulder with the
general category’ expressed one Judge.
Smita’s
view that reservations for differently-abled persons in All India Services (IAS,
IPS, IFoS) are not correct, hints at that, ‘Merit and Efficiency in Civil
Services’ require high levels of competence and decision-making abilities.
Ensuring that all candidates meet these criteria through ‘Merit-Based Selection
Process’ might enhance the overall effectiveness of the Civil Service. Certain
roles within Civil Services, especially in fieldwork or enforcement, may
require physical abilities that some differently-abled individuals might find
challenging, potentially impacting performance. Notwithstanding this, eligible
differently-abled individuals capable of bringing unique perspectives and
innovative solutions maybe considered for ‘Role-Specific Assignments’ by
providing ‘Targeted Training and Development’ ensuring that, they are perfectly
equipped for Civil Services. A ‘Nuanced Approach’ to reservations, thoughtfully
based on nature of the job, might be more ideal.
Puja Khedkar’s
ingenious misuse of PWD quota, which led to her debarment from future
examinations, sparked a ‘Nationwide Debate’ exposing loopholes in PWD
certification. It is time
to seriously evaluate, how ‘Well-Meaning Laws may be Manipulated and Backwardness
Turned to Profit.’ Whether UPSC and
Department of Personnel will further pursue and uncover all similar cases
within the serving officers is a ‘Million Dollar Question.’
Nonetheless,
questioning Smita’s ‘Inalienable Right and Freedom of Expression,’ as a citizen,
is infringement of Article 19 of the Constitution. Smita also inadvertently
initiated ‘National Debate’ on the ‘Whole Gamut of Reservations.’
The SC Judgment may be the beginning?
(Writer
is a Senior Independent Journalist and Analyst)
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