Why constitutional provisions for Reservation have not uniformly benefitted castes/tribes who were kept in Focus in 1950?

Daya Sagar
The judgement passed on 1st August 2024by a seven judge constitution bench of Supreme Court of India had been very much in discussions, though it is a law now. 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 then Hon’ble Chief Justice D.Y. Chandrachud on 1 August 2024 had upheld in a 6:1 majority judgement the validity of sub-classification within the Scheduled Caste and Scheduled Tribe Categories keeping in view the related status on date as regards the benefits of reservations obtained so far by individual castes / group but surely well supported with reasoned data/statistics (Quantifiable and measurable data/Data on inadequacy of opportunity).

No doubt one may differ in opinion but the law made with the judgement by the Supreme Court has to be accepted by one and all as a law .Of course opinions regarding matters of greater common interest must also be made by all , when made , in an un-biased manner , particularly on the subject like the one under reference here i.e reservations with in reservations for the Schedule Caste Category and the like keeping in view all the articles of the COI ( 1950) that directly or indirectly relate to reservations for socially and educationally backward citizens concerning entry in Legislature/ Parliament as also the recommendations made for support in services / education etc.
India republic is nearing eight decades old now and what have ‘our’ elected representatives achieved for the ‘Indian’ who was standing in last row in August 1947 through such ‘props’ worth writing off caste/ sect ravines is surely the question that must be asked even in 2026. Even after the Special Session of Parliament( 18th to 22nd September 2023 ) the subject of reservations in ‘legislature’ , reservation in government services and reservations in professional education institutions was pushed in debates that no where tested with the guiding principles that might have been before the Constituent Assembly as could well be sensed from Articles like Art-334 (where in it was laid down that Reservation of seats / special representation in legislature to cease after ten years ) since demands for also including OBC along with SC &ST for reservations in Lok Sabha and State Legislative Assemblies were made by almost all the political parties outside NDA. Not only that indirectly demands have also been made even for all India caste census and making reservations in proportion to the population and that too ‘almost’ a permanent feature.
On the other side some people have already started asking (i) why 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 and not on economic basis { so far classified and commonly under stood as Schedule Caste (SC ) Art-341 & Scheduled Tribe (ST) Art-342} and ( ii) why was also the ‘indirect provision’ made for reservations in government services under Art-335 that provided 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 in administration, in the making of appointments to services and posts in connection with the affairs of the Union or of a State.
The reasons and pious intentions of the ‘elders’ worth defending such like provisions do reflect to great extent from the directions given in directive principles ( Art-46) where it has been said 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. But the question why the reservations in legislature are still continuing even after 7 decades when it was also laid down in constitution ( Art-334) that Reservation of seats and special representation to cease after ten years cannot be replied truthfully unless the ‘elected representatives’ un conditionally accept that they have miserably failed to reasonably empower the socially &educationally backward members of Indian society. Not only those in the race for power centres ( political ) will have to truthfully introspect & work in the direction of ultimate goal scoring but at social level also those from within too will have work for clearing the routes for the under privileged to higher education as well health security so as to ensure that the reservation provisions come within the reach of real needy &are no more allowed to just remain means for exploitation of the innocence of the masses of the target groups.
To be brief ,unless we provide adequate education cover atleast upto secondary school level and adequate health cover to those for whom we have been keeping reservations majority of them will not be able to take the benefit for higher education as well as superior service positions in government because like as in the past those economically& administratively superior from ‘within’ would be over riding the general masses through special coaching/ training and better access to opportunities.
Continued
(The writer Daya Sagar is a Sr Journalist, analyst J&K affairs and Social Activist)