The Bold Voice of J&K

Reservation enshrined in COI have surely less benefitted those who were kept in Focus in 1950

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Are only the governments responsible? Are not community leaders too responsible?

DAYA SAGAR

On the subject “Are state legislatures competent to introduce sub-classification within the SC and ST categories” a seven judge constitution bench of supreme court of India led by Chief Justice Dhananjaya Yeshwant Chandrachud on 1 August 2024 has upheld in a 6:1 majority judgement the validity of sub-classification within the Scheduled Caste and Scheduled Tribe Categories in a 6:1 majority keeping in view the related status on date as regards the benefits of reservations obtained so far by individual castes included in SC group but surely well supported with reasoned data/statistics (Quantifiable and measurable data/Data on inadequacy of opportunity). After the judgement reactions / comments have started coming from different political leaders, thinkers, opinion makers. In a way to me the judgement has atleast open the doors for review of progress achieved for the general masses who were kept in view by constitution makers while laying down the provisions of reservations / special support in services/ education/legislature and take to reforms in implementation to carry the benefit to majority of the Indian citizens belonging to SC/ST who have not received the benefits even after 75 years when in the constitution constitutionally the provision for reservation in Legislature was kept in 1950 just for 10 years ( Art 334 ) but instead the aforesaid Article has been amended 7 times to keep the provision upto 25 Jan 2020 ( 1. Subs. by the Constitution (One Hundred and Fourth Amendment) Act, 2019, s. 2, for “seventy years” (w.e.f. 25-1-2020) . The STATEMENT OF OBJECTS AND REASONS in Bill ( 04 Dec 2019) introduced for the amendment to Art 334 among other things said “{….”shall cease to have effect on the expiration of the period of 70 years from the commencement of the Constitution. In other words, these provisions will cease to have effect on the 25th January, 2020, if not extended further. Although the Scheduled Castes and the Scheduled Tribes have made considerable progress in the last 70 years, the reasons which weighed with the Constituent Assembly in making provisions with regard to the aforesaid reservation of seats have not yet ceased to exist. Therefore, with a view to retaining the inclusive character as envisioned by the founding fathers of the Constitution, it is proposed to continue the reservation of seats for the Scheduled Castes and the Scheduled Tribes for another ten years i.e. up to 25th January, 2030.”] . Art 334 amended by Constitution 104th Amendment Act of 2019.
Our forefathers wanted the Independent India leadership to do good worth status to the educationally and socially backwards in our society in 10 years and we have not been able to do that even in 74 years .
Who is responsible too has to be pinned down. Is only the Government responsible ? Are not the community leaders too responsible , have their own leaders worked for bringing their caste members / tribe members in front line legislature and administrative positions they must introspect instead of making the judgment a community issue.
To be continued
(The writer is a Sr Journalist, analyst J&K affairs and Social Activist).

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