A Balanced, Restraint Approach to
Reservations, Law, and
Dharma
Vanam Jwala Narasimha Rao
The Hans India (01-02-2026)
{Modern
caste rigidity is as much a product of social conformity and colonial
enumeration as of textual tradition. Democracy did not create caste, but
political mobilization around caste identities has undoubtedly sharpened its
edges. Therefore, reform must proceed with intellectual honesty, neither
romanticizing the past nor Exploiting it. The Spirit of Dharma demands balance}
– Editor’s synoptic note
Public Policy
in a constitutional democracy, especially in the world’s largest
democracy-India, must be guided by two parallel lights, the Spirit of Law and
the Spirit of Dharma which are equally important. Law provides structure,
enforceability, and institutional legitimacy, whereas, Dharma provides moral
balance, proportionality, and social harmony. When both walk hand in hand only,
supplementing and complementing each other, justice is not merely delivered,
but it is accepted by everyone. Whenever either of them moves alone, friction
begins.
The ongoing
national debate on reservations, equity frameworks, and caste-linked
protections must therefore be revisited not in anger or accusation, but in
balance, chronology, and conscience. And I am happy the process had begun in
right earnest.
India did
not invent social classification in modern times. It inherited layered social
realities and inequalities across centuries, and scholarly as well as social
debates continue over their causes and accountability, often ending in an ‘Agree
to Disagree’ understanding. Fortunately, what the Great Modern India did invent,
was a Constitutional Promise, that historical disadvantage would not become
permanent destiny.
Reservations
were conceived as a perfect corrective instruments, not perpetual entitlements,
but as bridges, not destinations; as enablers, not permanent labels. That
original intent deserves to be remembered with clarity and calmness as and when
drastic changes are conceived to twist the great spirited and collective intent
of our leaders.
The journey
toward reservations did not begin after Independence. In the late 19th
Century, early Administrative Commissions under colonial rule began recording
the structural disadvantages faced by certain communities. By the early 20th
Century, representation debates entered governance frameworks. The Communal
Award of 1933 and the Poona Pact that followed altered the course, shifting
from separate electorates toward reserved representation within a common
electorate. Even then, the moral argument was framed around ‘Purely Temporary
Safeguards’ to enable participation, not permanent division.
When India
became independent, the Constitution’s framers faced a civilizational challenge
of how to heal social fractures without deepening them. The Constitution
adopted equality not as sameness, but as equal protection. Thus, the Great Move
of special provisions for Scheduled Castes and Scheduled Tribes were
incorporated in education, legislatures, and public employment. These were not
contradictions of equality but instruments to achieve it. The early percentages
were modest. The expectation was progress would gradually reduce dependency on
such measures.
Over time,
the framework expanded. Other Backward Classes were identified. Economic
weakness among non-reserved categories also received recognition. Disability
reservations were added. Judicial pronouncements introduced ceilings,
exceptions, and doctrines like the creamy layer. Sub-classification debates
emerged. The architecture became more complex, and complexity inevitably
produces tension.
Yet,
complexity alone is not injustice. What matters is whether policy remains
periodically reviewed, data-driven, and proportionate. A constitutional
democracy cannot allow any system of advantage or disadvantage, whether
historical or corrective, to operate on autopilot forever. Eternal penalty
breeds resentment. Eternal privilege breeds dependency. Dharma teaches
moderation, whereas, constitutionalism teaches review. Both converge on one
principle: ‘No Policy should become beyond Question merely because it began
with Good Intention.’
In recent
public discourse, unfortunately, the tone has often drifted from reform to
accusation. Communities are sometimes spoken of collectively as oppressors or
beneficiaries without distinction. Voiceless groups are labeled, silent
sections are provoked, and reactions are then cited as proof of hostility. This
cycle is unhealthy. No democracy remains stable when dialogue becomes
denunciation. It must be stated with sobriety that, ‘Social Justice cannot be
built on Social Vilification.’ If the purpose of reservations and equity policy
is inclusion, then public language must also be inclusive.
To
attribute inherited guilt to entire present generations is ‘Neither Lawful nor Dharmic.’
Equally, to deny historical suffering is ‘Neither Honest nor Just.’ Balance
demands acknowledgment without accusation. There is also growing public
confusion whenever media narratives attribute policy shifts or ideological
influence to specific advisors, commentators, or unofficial actors close to
power. Such allegations, whether about any advisor, strategist, or influencer, must
be treated with restraint unless officially established. Policy debate should
remain institutional, not personalized. Democratic maturity requires that
arguments be tested on merit, not on presumed authorship.
Another
important dimension often overlooked is the philosophical history of social
classification itself. Ancient Indian texts speak more often of ‘Varna as Functional
Classification’ than ‘Caste as Hereditary Rigidity.’ Interpretations differ
across scholars, but it is widely acknowledged that occupational and spiritual
classifications were historically more fluid than later social practice made
them. Whatever one’s interpretive stance, one thing appears certain is that, scriptural
philosophy emphasized duty (dharma the righteousness), conduct, and character
more than inherited status. Modern caste rigidity is as much a product of
social conformity and colonial enumeration as of textual tradition.
Democracy
did not create caste, but political mobilization around caste identities has
undoubtedly sharpened its edges. Therefore, reform must proceed with
intellectual honesty, neither romanticizing the past nor Exploiting it. The
Spirit of Law requires measurable criteria. Reservation policy must therefore
undergo periodic empirical audit: Are intended beneficiaries advancing? Is
intergenerational uplift occurring? Are benefits reaching the most deprived
within categories? Are exclusion filters like creamy layer functioning
effectively? Is there leakage, misuse, or certification fraud? Are job-specific
merit requirements preserved where essential to public safety and governance?
The Spirit
of Dharma demands balance. Support must reach the needy, but must not become an
inherited entitlement irrespective of progress. Corrective justice must not
become permanent stratification. With generations reaching equality, policy
must evolve. Reform shall be fidelity to purpose. Merit and Equity need not be
presented as adversaries. Merit without access is privilege and access without
competence is fragility. A wise state strengthens both, by improving
foundational education, enabling early opportunity, and ensuring that
competition at higher levels is fair, transparent, and role-appropriate.
Role
sensitivity matters. Different public functions demand different capability
profiles. Nuanced frameworks are more just than uniform formulas. Public anger
on this subject is understandable, but anger is not a policy instrument.
Institutions cannot be guided by outrage cycles. Courts, Commissions, and Legislatures
must deliberate calmly. Civil Society must debate responsibly. Media must
inform without inflaming. Dharma literature repeatedly emphasizes restraint in
judgment. A classical maxim attributed to Manusmrithi states in essence that,
justice must be rooted in truth, deliberation, and balance, not impulse.
‘Dharma
protects those who protect it.’ The deeper message is not about hierarchy but
about responsibility. ‘When fairness is preserved, society is preserved.’ As I
had very consciously suggested earlier, reservation policy cannot remain frozen
in design. It requires periodic, data-based recalibration, exclusion of the
advanced layers within beneficiary groups, and a careful balancing of social
justice support with merit safeguards.
The very
recent higher-education equity regulations issued by the ‘National Regulator’
particularly their narrow definitional approach to caste discrimination, demonstrate
how even well-meant guidelines can generate fresh fault lines if universality
and conceptual neutrality are not built into the framework. Significantly, the
Supreme Court, while intervening at the threshold stage, has cautioned that,
such regulatory formulations must avoid vagueness, social divisiveness, and
exclusionary construction, and must align strictly with constitutional equality
principles. These developments reinforce one core message that, reform
instruments must unite corrective purpose with constitutional precision and
societal restraint.
Today,
India stands at a stage where neither blind continuation nor abrupt abandonment
of reservation policy will serve justice. What is needed is structured review,
calibrated reform, and civil restraint. Authorities must lead with transparency
and data. Society must respond with maturity and empathy. Communities must
resist provocation. Intellectuals must reject absolutism. Policymakers must
remember that corrective discrimination was intended as a temporary step toward
equality.
Let Law
walk with Dharma. Let justice walk with balance. Let reform walk with calmness.
And let the national conversation proceed without accusation, without fear, and
without permanent labels. Only then will equity become harmony and harmony
become strength.


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