- A proviso was added even after 50Yrs to Art 335 for relaxation in qualifying marks/ evaluation standard
- Educational Empowerment of Socially -Administratively “Depressed Citizens” can only reduce their Exploitation
- Reservation enshrined in COI have surely less benefitted those who were kept in Focus in 1950
- Are only the Governments responsible ? Are not community leaders too responsible ?
DAYA SAGAR
Two other very important Articles ( Art- 338 and Art-340 ) were also included in constitution of India . Art- 338 said [(1) There shall be a Special Officer for the Scheduled Castes and Scheduled Tribes to be appointed by the President.(2) It shall be the duty of the Special Officer to investigate all matters relating to the safeguards provided for the Scheduled Castes and Scheduled Tribes under this Constitution and report to the President upon the working of those safeguards at such intervals as the President may direct, and the President shall cause all such reports to be laid before each House of Parliament .(3) In this article, references to the Scheduled Castes and Scheduled Tribes shall be construed as including references to such other backward classes as the President may, on receipt of the report of a Commission appointed under clause (1) of Article 340, by order specify and also to the Anglo-Indian community´].
The contents of Art-338 and Art -340 very explicitly reflect that the intentions of the framers lof the COI were that there would be almost day to day monitoring and observation of the implementation of the support measures concerning SC/ST in particular and any other nominated socially , educationally or otherwise backward people in India where the reasons and remedies for improvements in the fall outs/ fall backs too would be recommended/ applied by the government. But it is regretted that process for corrections in implementations and the policies for the special supports reaching the weakest among the weak did not receive the intimate attentions , the whole issues concerning reservations were only attended to satisfy the political ambitions of the those in the race for political power through elections and the likings of the community leaders standing in the front rows of the SC/ST and other prospective backward groups/ classes etc which well reflects from the present status where after 7 decades of India becoming a democratic republic still Article -330 and Ar-332 are there after Art-334 having been amended 7 times after 1950 ( even the lead line of Art-334 has been changed from < Art- 334.Not withstanding anything in the foregoing provisions of this part … > to < Art 334. Reservation of seats and special representation to cease after certain period. — Not withstanding any thing in the fore going provisions of this part ….> [* Subs. by the Constitution (One hundred and fourth Amendment) Act, 2019, s. 2, for marginal heading (w.e.f. 25-1-2020) ].Not only that even a proviso was needed for adding to Art-335 after 50 years of 1950 stating <” 1 [Provided that nothing in this article shall prevent in making of any provision in favour of the members of the Scheduled Castes and the Scheduled Tribes for relaxation in qualifying marks in any examination or lowering the standards of evaluation, for reservation in matters or promotion to any class or classes of services or posts in connection with the affairs of the Union or of a State.] ” > by the Constitution (Eighty-second Amendment) Act, 2000, s. 2 (w.e.f. 8-9-2000). As also Art-338 was also amended from < 338. (1) There shall be a Special Officer for the Scheduled Castes and Scheduled Tribes to be appointed by the President … > to < Art. 238. National Commission for Scheduled Castes.-/[(1) There shall be a Commission for the Scheduled Castes to be known as the National Commission for the Scheduled Castes. (2) Subject to the provisions of any law made in this behalf by Parliament, the Commission shall consist of a Chairperson, Vice-Chairperson and three other Members and the conditions of service and tenure of office of the Chairperson, Vice-Chairperson and other Members so appointed shall be such as the President may by rule determine.]> * by the Constitution (Eighty-ninth Amendment) Act, 2003, s. 2, for the marginal heading (w.e.f. 19-2-2004) , ** sub.by the Constitution (Sixty-fifth Amendment) Act, 1990, s. 2, for cls. (1) and (2) (w.e.f. 12-3-1992) and *** Subs. by the Constitution (Eighty-ninth Amendment) Act, 2003, s. 2, for cls. (1) and (2) (w.e.f. 19-2-2004).
In a way the backwardness was growing instead of reducing since a new Article was inserted in the constitution by the name 342A – Socially and Educationally Backward Classes by the Constitution (One Hundred and Second Amendment) Act, 2018, s. 4 (w.e.f. 15-8-2018) after Art 342 (342. Scheduled Tribes).
The political leaders have been demanding more and more reservations , there have been growth of smaller political parties focusing on particular caste numbers lead by particular caste leaders/ facility embers, ST/SC leaders complaining that all reserved posts are not filled, the back logs are not filled , often the reserved posts are filled by open category candidates taking cover of Art-335 or so . But very less caste / community leaders have worked for making the public education institutions / public support institutions work raising the educational / health levels of the weakest of the weak from among the socially & educationally weak fraternity strong enough to compete even with the betters of their own class what to talk of others.
So the affairs related to the reservations and the reactions that may come from the political leaders / caste leaders/civil society ,have to be handle very carefully . The judgment of the supreme could has surely been made in the greater interest of the general masses so it has not to be allowed to drift away from the pious path, The socially and educationally backward classes/ castes have fallen reasonably back in taking advantage of special support measures /provisions enshrined in constitution of India. Rather responsibility also lies on those who do not have any political power sharing ambitions to see that the real facts and intentions are carried to the beneficiaries as well as the governments are also reminded of their duty regularly atleast now onwards. No doubt caste census will have to be done with a broader prospective in case sub classification is made as has been also permitted by Apex court. Affairs have to be handled with patience.
To be continued…
(The writer is a Sr Journalist,
analyst J&K affairs and Social Activist).