Prof. Kali Dass
With the implementation of the Indian Constitution 1950; it was expected that the religious ruling would replaced by the constitutional ruling. But it could not happen.
The concept of reservation / representation came into its being with the sacrifice of Communal award by Dr. Bhim Rao Ambedkar over the fast unto Death by M.K. Gandhi in Poona’s Yerwada Jail and this was called Poona Packet. It was not the willingness of Gandhi but a compulsion created by Dr. Ambedkar for the Constitutional living rights in India after Independence.
Because of the Hindu culture of hatred Alidade, untouchables were the identified castes and so reservation for SCs and STs started with 15% and 7 ½ % respecting according to their population. But the OBCs in the country were promised by Pt. Nehru to grant their due share according to their population after their identification for which a provision under Article 340 of Indian constitution was kept. Pt. Nehru set up Kaka Kelkar Commission which put its report in 1953 but was not implemented by Nehru the first PM of the country because of treacherous policy who always emphasised over secularism to befool the common people.
However V.P. Singh, the former Prime Minister of implemented the Mandal report which was set up by Janta Party Govt. at the Centre. This was challenged in the Apex Court which upheld the decision of V.P Singh in 1992 with 27% reservation to the OBCs against 52% of the country’s poulation. This was implemented in all the states and through out the country except in Jammu and Kashmir.
Justice A.S Anand was the Chairman of the Committee in J&K converted OBC reservation into RBA and ALC with 20% and 3% reservation. Inspite of the clear cut instructions of the Apex Court. National Conference, the then Govt. used Art 370 to scuttle the Apex Court’s Judgment of 1992 in J&K State and only 2% reservation was granted to State OBCs (called OSCs in J&K) and the Art 370 became the rights snatcher in the State.
NC and Congress ruled the State for their long stint but never talked about the due share of the State OBCs who form about 60% of the State population.
In the initial stages; OBCs remained hopeful of both NC and Congress but ultimately State OBCs came to the conclusion that NC and Congress are the greatest enemies in the State and State OBCs decided to uproot both the NC and Congress and they succeeded in 2014 parliament as well as in Assembly elections and a new dispensation as PDP-BJP came in the state. National Panthers Party which never talked about the State OBCs. They only harp on the strings giving one tune of “Dogra Certificate” as they are the only residents of the state. They only take up the matter of Migrants of Jammu and Jammu borders but never supported the Apex Court’s Judgment of 1992 on Mandal Report.
BJP has completed its two years at the centre and about one and half year in J and K, but till date no centre leader nor the State leader has raised any issue of the State OBCs, still the State OBCs are hopeful that BJP shall adjust the RBA/ALC as per para 95 of the Apex Court’s Judgment of 1992 under which no category loses its due share even an iota including RBA / ALC. This is an acid test of the BJP in the State as well as in the country as the process of eradication of reservation through courts has been started during its Govt. in different states. Whether BJP comes out true or not only time will tell.
PDP is the leading governance party over which State OBCs are having full faith.
Almost all Political parties have no ideological differences, they only fight among themselves to reach the chair but all are away from the social justice which is a criminal act in the state whether under Article 370 or with treacherous policies.
