• UGI USER
  • May 10, 2024
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THE POLITICAL CONTROVERSY OVER RESERVATION

SYLLABUS:

  • GS 2 : Reservation India, Impact on various sections of society

Focus:

  • The article focuses on the ongoing political debate surrounding affirmative action and reservation policies in India, highlighting recent controversies, constitutional provisions, and Supreme Court rulings.
  • It discusses the potential expansion of reservation caps and the inclusion of economically and socially backward groups from various religions, emphasizing the need for equitable benefit distribution and comprehensive policy reforms.
Source: TH

The Political Controversy Over Reservation and Caste Census

  • Outlandish Claims by BJP: BJP has linked Congress’ demand for a caste census to religion, stirring political controversy.
  • Opposition’s Concern: The Opposition questions BJP’s stance on reservations amidst denials of policy changes.
  • Role of Religion in Reservation: BJP criticizes the inclusion of Muslim communities within OBC quotas, especially in Karnataka, as a political maneuver.
  • Historical Context: Reservations and caste census have long been sensitive and divisive issues in Indian politics.
  • Public and Political Reactions: The debate has triggered widespread discussion on social media and among public forums.

Constitutional Basis and Affirmative Action

  • Articles 15 and 16: These articles guarantee equality to all citizens and allow the state to make special provisions for the advancement of OBC, SC, and ST.
  • Supreme Court Rulings: Notable cases like Indra Sawhney (1992) and Janhit Abhiyan (2022) have shaped the current reservation policies.
  • Cap on Reservations: A 50% cap exists on total reservations to uphold the basic structure of equality.
  • Creamy Layer Exclusion: Income and parental occupation criteria exclude the wealthier individuals from benefiting from OBC reservations.
  • Economic vs. Social Criteria: Debates continue on whether reservations should be based solely on economic conditions or also include social backwardness.
Indira Sawhney case, also known as the Mandal Commission case-

  • Affirmation of 27% Reservation for OBCs: The Supreme Court upheld the implementation of 27% reservation for Other Backward Classes (OBCs) in central government jobs, as recommended by the Mandal Commission.
  • Total Reservation Cap at 50%: The court ruled that the total reservation for SCs, STs, and OBCs should not exceed 50% of the available seats in order to maintain the right balance with the merit-based selection.
  • Exclusion of the Creamy Layer: The court introduced the concept of the “creamy layer” within the OBCs, excluding the more affluent and better-educated members of these communities from availing of the reservations.
  • Economic Criteria Cannot Be Sole Basis: The judgment asserted that backwardness for the purpose of reservation should not be determined solely on economic criteria; social and educational backwardness must also be considered.
  • Reservation in Promotions: The court ruled against reservation in promotions, stating that reservations should be confined to initial appointments only.

Affirmative Action Globally

  • United States: The U.S. has utilized race-based affirmative action in education, which was recently challenged and ruled against in the Fair admissions vs Harvard case (2023).
  • United Kingdom: UK law supports voluntary ‘positive action’ to address underrepresentation of disadvantaged groups in employment.
  • France: Focuses on educational measures for low-income students without affirmative action based on race or ethnicity.
  • Comparison with India: Unlike these countries, India uses a comprehensive affirmative action system that includes caste as a criterion.
  • Global Trends and Critiques: The effectiveness and moral justification of affirmative action remain subjects of global debate.

Current Debates and Legislative Frameworks

  • Congress’ Stance on Reservation Cap: The manifesto of Congress proposes removing the 50% reservation cap to extend benefits more broadly.
  • BJP’s Campaign Tactics: BJP’s criticism of the caste census and reservation policies are seen as attempts to polarize voter bases.
  • Legal and Social Implications: Changes in reservation policies could have profound impacts on the social fabric and legal systems in India.
  • Sub-Categorization: Proposals for more nuanced categorization within OBCs to ensure equitable distribution of benefits.
  • Historical and Cultural Context: Understanding the deep-rooted caste issues in India is essential for framing effective policies.

The Role of Commissions and Future Pathways

  • Rohini Commission: Set up to study sub-categorization among OBCs to ensure fair distribution of reservation benefits.
  • Unpublished Findings: Anticipation and secrecy around the findings which could suggest major shifts in reservation distribution.
  • Representation Disparities: Data suggests that a small fraction of OBC communities has garnered the majority of reservation benefits.
  • Need for Creamy Layer in SC/ST: Debates on whether economic criteria should also apply to SC and ST reservations.
  • Inclusion of Dalit Christians and Muslims: Consideration of extending SC reservations to followers of religions other than Hinduism, Sikhism, and Buddhism.

Potential Reforms and Long-Term Goals

  • Increasing Reservation Cap: Exploring the impacts and feasibility of extending the reservation cap beyond 50%.
  • Ensuring Equitable Distribution: Policies must aim to address the concentration of benefits and ensure that the most marginalized receive aid.
  • Balakrishnan Commission’s Role: Investigating the socio-economic conditions of Dalit Christians and Muslims for potential policy inclusion.
  • Public and Expert Consultation: Engaging various stakeholders in the discussion to refine and implement effective reservation policies.
  • Holistic Approach to Social Justice: Continuous assessment and adaptation of policies to align with evolving social dynamics and justice goals.

Source:The Hindu

Mains Practice Question:

“Examine the role of affirmative action in achieving social justice in India in light of recent political debates and judicial decisions. Discuss the challenges and implications of expanding the reservation system beyond the current 50% cap as suggested by various political parties.”

Associated Articles:

https://universalinstitutions.com/women-reservation-bill/