Questions on provisions for reservations in Legislature, in jobs & education must be truly addressed

DAYA SAGAR

Some people in India often ask (i) why did 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 directions were given in directive principles ( Art-46) 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?; (ii) and they contest further that why the reservations in legislature are still continuing after 7 decades when it was also laid down( Art-334) that Reservation of seats and special representation to cease after ten years ? (iii) and some people also question 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 and which too is continuing almost at the same scale as has been prescribed for reservations in the legislature? On the other hand after 1950 even more classes for reservations have included in the name of Other Backward Classes for reservation in services and educational institutions only and not in legislature. The sections which have been included in other backward classes (OBC) after 1950 too have in recent years started pleading that why are not they being given reservation also in Legislature like SC&ST, why limited to only in services and educational institutions ?
Reservations in services and educational institutions had crossed even 50% and many more ‘sections’ are still agitating which in a way reflects that after independence the socio economic conditions of more of Indian people have ‘deteriorated’/ class divisions have increased instead of improving. In 2019, though only in government services and educational, reservations in addition to the existing reservation and subject to a maximum of ten per cent , for economically weaker sections out classes other than unreserved classes of Indian citizens / economically weaker sections of citizens other than the classes mentioned in clause 4 & 5 of Art-15 and other than mentioned in clause (4) of Art-16 ,have also been provisioned by amending Article-15 , Article-16, Article-19 and Art-29 of COI, { The Constitution (103rd Amendment) Act, 2019 effective 12 Jan 2019)} and a 5- Judge Constitutional Bench in its verdict ( 3-2) has upheld the 103rd Constitution Amendment for its validity and not being a violation of the basic structure of the Constitution of India. Validity has been held by ‘numbers’. Now Muslims are asking reservations for Muslims and Christians too as demanding for them inspite of ‘Their’ leaders well knowing that though Schedule Tribe ( ST) reservations in constitution are caste& religion neutral but SC reservations are based on “discriminated” socially & educationally backward ‘castes’ and so in case they too have caste based discriminations amongst them let them openly declare that they too have caste system and social discriminations amongst them too like ‘Hinduism / Hindu’ had been accused of ( Art-17 of the constitution was drafted more ( rather it will not be wrong to say ) pinning “allegations” on those who were practicing Hinduism). In case others like those practicing Sikh religion (1956) / Buddhist religion (1990) also admit existence of socially discriminated ‘castes’ among them then some from amongst them ( Muslims / Christians) too can be got included in SC by further amending Constitution (SC) order of 1950 as was also done in 1956/1990 without any sustainable objection from any side and quantum of reservation for SC can so simply go beyond 15 % .Why do not they do that and end controversies? On date in a way the people of India have been divided into two categories, General Category and Reserved Categories. The position of ground is that those who are really ‘depressed’ economically, educationally, socially and ‘resource’s wise still remain depressed.
The political parties have found such demands worth yielding them the mandate and do not even talk of reviewing our system as regards the success of ‘reservation’ provisions over last 7 decades so that it could be investigated that while the Elders had kept the reservation in legislature for 10 years why the political government that followed have not been able to shed that even in 70 years and on the basis of that findings the needed steps are taken for enabling the benefits to at least now reach only those whom the elders had kept in focus in 1950.
So in view of the ‘political environment’ that has been there for last nearly four decades rearing only number games there seems no immediate end even after 7 decades of India having become an independent democratic republic to the discussions and debates on reservations.
Hence in the greater interest of the people of India all those who are truthfully concerned for the cause of “their” people both from reserved and unreserved categories must hold patience and take feel of the provisions made in the original constitution & amendments made later carefully and work for a solution where the Indian people move out of conflicts and time of the ‘nation’ is more utilised for common work instead of caste/ region/ religion focused controversies and unproductive controversies like debates on Reservations & No Reservations.
Let WE work with open mind , do not debate but discuss the demands and objections for & against reservations so as to address the genuineness of the issues worth satisfying the ‘leaderships’ of either side so that atleast now some meaningful ‘quantum’ of good happens to the beneficiaries who were kept in focus by the framers of Constitution of India while drafting articles like Art-330, Art-332, Art-341, Art-342, Art-46 (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), Art-334 ( Reservation of seats and special representation to cease after ten years, Art-335 ( 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) and like.

(The author is Sr Journalist, social activist and analyst J&K affairs [email protected])