In 1950 SC listing was done with sole indicator of untouchability for Social & Educational Backwardness

• A proviso was added even after 50 Yrs to 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

From the 7 judge constitutional bench judgement on the petition related to sub classification in SC ( scheduled Caste) category for reservations delivered in Supreme Court of India on this 1st August for common understanding it could be sensed that no intimate method or basis for using some quantifiable & measureable data system was named by ‘our’ forefathers for listing ‘ castes’/ groups/ sects/ tribes to be specially supported by reservations in Lok Sabha /State legislatures, only direct reference was of social and educational backwardness and there was no direct reference of economic backwardness. Permitting sub classification the 6:1 constitution bench has said that ‘present’ SC category is heterogeneous and not homogenous group and any sub classification as and when done in future has to be based on quantifiable and measurable data support basis.
During the course of delivery of judgment by CJI it was also said that listing of SC group / category has been so far done /was done ( while issuing first presential order in 1950) like one homogenous group ( which it was not) using the single core indicator of untouchability.
Let us have brief on some constitutional features related to reservations. Taking fair leads from the judgment it will not be wrong to say that Governments / legislatures should have on their own gone for such exercise/ any other corrective administrative / legislative process instead of waiting for the Supreme court laying down such like doctrine after 7 decades. No doubt now also for applying correction a very comprehensive exercises will be required and which may take time since data on castes / sects member wise has to be made available as regards the caste/economic level/educational level/ administrative level/ and like.
THE Constitution (Scheduled Castes) Order, 1950 C.O. 19 along other things very particularly said that at clause (3) that ‘Notwithstanding anything contained in paragraph 2, no person who professes a religion different from the Hindu and the Sikh religion shall be deemed to be a member of a Scheduled Caste which supports the inference that basis taken for listing castes was untouchability to be prevailing as a curse only among the Hindu and the Sikh. Other religions have affirmed that there exited no social backwardness in them . Later on when the Bhudhist also said that they too suffered from social backwardness and it was in 1990 that . by Act 15 of 1990, s. 2, for “or the Sikh”. Or the sikh was substituted by or sikh and Budhism.
Similarly in Part IV.-Directive Principles of State Policy Art-46 only reference in particular is of Schedule Caste ( ST) and Schedule Tribe (ST) where it says ” 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.”. Though the expression weaker is not relatively spelled , it can be understood as economically weaker. In PART XVI of COI ( Special Provisions Relating To Certain Classes) Art-330 among other things it said that seats shall be reserved in the House of the People for-(a) the Scheduled Castes;(b) the Scheduled Tribes except the Scheduled Tribes in the tribal areas of Assam; and (c) the Scheduled Tribes in the autonomous districts of Assam.(2) The number of seats reserved in any State for the Scheduled Castes or the Scheduled Tribes under clause (1) shall bear, as nearly as may be, the same proportion to the total number of seats allotted to that State in the House of the People as the population of the Scheduled Castes in the State or of the Scheduled Tribes in the State or part of the State, as the case may be, in respect of which seats are so reserved, bears to the total population of the State . Similarly Art – 332 laid down similar criteria provision for reservation of Seats for SC & ST in the legislative Assemblies of States/ UTs. At the same time the framers of the COI also drafted & adopted Art- 335 which said [“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. So it has been only the “social & educational” backwardness that was pointedly focused since the reference included only SC & ST. Since no reference of religion was made in 1950 while issuing the related orders for ST it can be taken that as regards ST their distant placement from the modern methods of economic activity & power control centres had lead to their social neglect by the other members of society. Then comes the reference of Art-334 of the constitution which said “{334. Notwithstanding anything in the foregoing provisions of this Part the provisions of this Constitution relating to- (a) the reservation of seats for the Scheduled Castes and the Scheduled Tribes in the House of the People and in the Legislative Assemblies of the States; and * the representation of the Anglo-Indian community in the House of the People and in the Legislative Assemblies of the States by nomination shall cease to have effect on the expiration of a period of ten years from the commencement of this Constitution: Provided that nothing in this article shall affect any representation in the House of the People or in the Legislative Assembly of a State until the dissolution of the then existing House or Assembly, as the case may be.”],
It is pertinent to mention here that Art-334 talked of ceaser of reservation for Sc & ST in Lok Sabha and Sate Legislature after 10 years from 1950 and had no any reference or quote that could suggest that it was expected there may be need for extension. But there was no such reference ( end of support time line) to special support for educational and economic support to continue or cease. May be the ‘elders’ expected that need will not be there for ‘props’ w.r.t legislature after 10 yrs since India would an independent country governed by her own people by a government by her people. To be continued
(The writer is a Sr Journalist,
analyst J&K affairs and Social Activist).