DAYA SAGAR
A judgement passed on this 1st August by a seven judge constitution bench of supreme court of India in relation to reservation provisions as laid down in COI is very much under discussions, though it is a law now. No doubt one may differ in opinion but the law made by the SC has to be accepted by one and all. not agree with the opinion. Opinions must be made in an un biased manner , particularly on the subject under reference , reservations with in reservations for the SC category and the like keeping in view all the articles of the COI ( 1950) that directly or indirectly relate to reservations for socially and educationally backward citizens as regards that in legislature and recommended support in services / education etc.
India republic is over seven decades old and what have ‘our’ elected representatives achieved for the ‘Indian’ who was standing in last row in August 1947 worth writing off caste/ sect ravines is surely the must question this day. Even after the Special Session of Parliament ( 18th to 22nd September 2023 ) the subject of reservations in ‘legislature’ , reservation in government services and reservations in professional education institutions pushed debates that no where tested with the guiding principles that might have been before the Constituent Assembly as could well be sensed from Articles like Art-334 (where in it was laid down that Reservation of seats / special representation in legislature to cease after ten years ) since demands for also including OBC along with SC &ST for reservations in Lok Sabha and State Legislative Assemblies were made by almost all the political parties outside NDA. Not only that indirectly demands are also being made for all India caste census and making reservations in proportion to the population ‘almost’ a permanent feature.
No doubt before this some people had already started asking (i) why at all the provision for reservation of seats in the Union legislature (Art-330 ) and State Legislatures ( Art-332 ) was made in Constitution of India for “socially and educationally” backward classes { so far classified and commonly under stood as Schedule Caste (SC ) Art-341 & Scheduled Tribe (ST) Art-342} and ( ii) why was the ‘indirect provision’ made for reservations in government services under Art-335 providing that the claims of the members of the Scheduled Castes and the Scheduled Tribes shall be taken into consideration, consistently with the maintenance of efficiency of administration, in the making of appointments to services and posts in connection with the affairs of the Union or of a State.
The reasons and pious intentions of the ‘elders’ defending such like provisions do reflect to great extent from the directions given in directive principles ( Art-46) where it has been said that The State shall promote with special care the educational and economic interests of the weaker sections of the people, and, in particular, of the Scheduled Castes and the Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation. But why the reservations in legislature are still continuing after 7 decades when it was also laid down in constitution ( Art-334) that Reservation of seats and special representation to cease after ten years cannot be replied truthfully unless the ‘elected representatives ‘ un conditionally accept that they have miserably failed to reasonably empower the socially & educationally backward members of Indian society. To be brief ,unless we provide adequate education cover atleast upto secondary school level and adequate health cover to those for whom we have been keeping reservations majority of them will not be able take the benefit for higher education as well as superior service positions in government because like as in the past those economically rich from within as well as from GC would be over riding the general masses through special coaching over and above better formal education.
To be continued
(The writer is a Sr Journalist,
analyst J&K affairs and
Social Activist).