How fair is demand of Rahul Gandhi for making public data of caste census done during 2011?

Have Indian Leadership succeeded in giving people of India Democratic Republic Casteless Governance?
Is it fair to talk after 75 yrs of Independence representation in Governance on basis of population of Sects/ Castes?

DAYA SAGAR

People of India, that is Bharat ( Art-1 of Constitution of India -COI) have already celebrated 74th Republic day in 2023 and shall be celebrating 75th Constitution day in 2023 . Prime Minister of India has very spiritedly said that people of India are now in Azadi ka Amrit Kaal. All these years Constitution of India has been subjected to 105 Constitution Amendments through Acts of Parliament of India. “ELDERS” while framing the constitution of India which had been surely through the wisdom, that they had reared out of their hard efforts /struggles/material sacrifices, were aware enough that the fundamental inputs that they were enshrining in the soul ( constitution) of a Democratic Republic with a parliamentary system need be provided all safe guards against any ‘misadventure’ by the people who may be holding the reins of Parliament / Governance but still they appeared to be conscious enough that in the time to come there may be need for making some additions/ amendments in the Constitution for better explanations of the basic principles enshrined and or for meeting the needs of people with changed times/ circumstances. So must be the spirit for incorporating Article -368 { “Procedure for amendment of the Constitution” which was later for clarity amended to “Power of Parliament to amend the Constitution and procedure therefor” & the word “power” in the text was replaced with “constituent power” under Constitution (Twenty-fourth Amendment) Act, 1971). Similarly although the integrity of the nation and the spirits of “secularism” where the government / ruler/ emperor to treat in law all people /subjects of the state/ country/nation with all equalities as regards care & governance irrespective of the religion/caste/creed/sex/region/trade/belief one may have and “socialism” ( as far as possible to work as a welfare state for providing minimum basic need to all the citizens irrespective of quantum of their contribution to the economy /exchequer of the country/ nation ) were already there in the text of constitution of India again for clarity the words “SOCIALIST SECULAR’ and “Integrity” were added in the Preamble of the constitution with 42nd Amendment Act 0f 1976 w.e.f 03-01-1977.
The Constitution provided for reservation of seats for Scheduled Castes ( Art-341) and Scheduled Tribes ( Art-342) in the House of the People/ Lok Sabha ( Art-330) and Legislative Assemblies of the states ( Art-332) but at the same time it was laid down in Art-334 that reservation of seats and special representation will cease after ten years but at the same time it was also provided in Art- 338 that there shall be a Special Officer for the Scheduled Castes and Scheduled Tribes to be appointed by the President 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;; in Art- 340 (Appointment of a Commission to investigate the conditions of backward classes) that ‘The President may by order appoint a Commission consisting of such persons as he thinks fit to investigate the conditions of socially and educationally backward classes …. .and Art- 46 (Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections ) was incorporated saying 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. No doubt Art-46 is under Directive Principles of state policy ( part-IV art-36 to Art-51) but there too Art-37 said ” The provisions contained in this Part shall not be enforceable by any court, but the principles therein laid down are nevertheless fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws”.
So ,there may still be need for some modifications / clarification after the constitution comes in actual operation the framers of constitution ( Constituent Assembly) must have in mind for incorporating Art-368 where under so far there have been made 105 amendments in the constitution of India like the ones made in the Preamble , in the fundamental rights ( Part-III Fundamental Rights Art-12 to 35 ) like Clauses 4, 5 and 6 have been inserted in Art-15 ( Prohibition of discrimination on grounds of religion, race, caste,sex or place of birth. ) through First Amendment Act, 1951, s. 2 (w.e.f. 18-6-1951, the Constitution (Ninety-third Amendment) Act, 2005, s. 2 (w.e.f. 20-1-2006) and the Constitution (One Hundred and Third Amendment) Act, 2019, s. 2 (w.e.f. 14-1-2019) respectively, in Art-13 where Clause-4 { Nothing in this article shall apply to any amendment of this Constitution made under article 368 } has been added by the Constitution (Twenty-fourth Amendment) Act, 1971 w.e.f 5-11-197,Art-334 ( that reservation of seats and special representation will cease after ten years ) has been amended as Art-334 ( Reservation of seats and special representation to cease after certain period] ) vide the Constitution (One hundred and fourth Amendment) Act, 2019, s. 2, for marginal heading (w.e.f. 25-1-2020) and period of 10 yrs has been changed to 80yr through a number of amendments like Subs. by s. 2, ibid., for “seventy years” (w.e.f. 25-1-2020). The words “seventy years” through Constitution (Ninety-fifth Amendment) Act, 2009 (w.e.f. 25-1-2010), Constitution (Seventy-ninth Amendment) Act, 1999, s. 2 (w.e.f. 25-1-2000), Constitution (Sixty-second Amendment) Act, 1989(w.e.f. 20-12-1989). the Constitution (Forty-fifth Amendment) Act, 1980, (w.e.f. 25-1-1980) and like in consideration of India being a welfare state.
Good but no any study has been conducted for making amendments in the name of reservations / welfare when the first constitution had kept the props of reservations for socially and educationally backward classes for only 10 years , why the governments / political system has not been able to achieve the goal and instead not only the provisions for reservations for socially and educationally backward classes have been even extend beyond 70 years through constitutional amendments , even more and more citizens of India have been included in the backward classes in the name of Other Backward Classes for benefits of reservations( though in services and education institution only and not in the Legislature). They (the political ‘cadres’) have been mostly working focussing only on the contests for power in the next elections.One day OBC will ask why reservation not in Legislature for them like SC/ST??

Other question is why our politicians have not been able to take our people out of social & educational/ economic backwardness that was seen in 1950 and why the “backward ness” has instead grown?, must ask the common man of India to ‘His/Her’ self ?. There is must need for looking into the reasons why our system has not been able improve the condition of socially & educationally backward classes in 70 years even when the time limit kept constitutionally was only 10 years by ‘team’ of Dr. Bhim Rao Ambedkar ji and hence after fixing the reasons for failure reinstall the support system for socially & educationally backward Indian citizens with modifications so as deliver the targeted objectives to them now atleast with in next 10 years.

Constitution of India has been subjected to number of amendments , some may be in the interest of masses but some are surely for keeping the interests of those who take politics as their career with eye on vote bank politics and even some may be accused of weakening the constitutional values as enshrined in Constitution of India for review like provision effecting & meaningful review of the democratic government by voter citizen every five years. Ofcourse Constitution of India had installed the President of India as defender and protector of Constitution of India ( Art-60) even with Art-74 ( Council of Ministers to aid and advise President ) there in 1949 but the amendments to Art-74 as made by 42nd and 44rth Amendment Acts of 1976 and 1978 have in a way taken the effective strings away from President of India as protector and defender of Constitution of India which in a way have left everything to ‘council of Ministers’.

(The author is a Sr Journalist & analyst of J&K Affairs. [email protected]).