Political Diary

New Delhi, 15 January 2019

I Want Reservation

POLITICIANS OBLIGE

By Poonam I Kaushish

Quotas and queues have always been the bane of Indian politics. Wherein our netagan are busy in populist bravado, vote-bank one-upmanship and nonsensicality doling out reservations like moongphalis to pander to their constituents. Underscoring, 21st Century India’s quagmire: Quota=Votes a sure shot combination to victory.

With an eye on the forthcoming Lok Sabha polls the Modi Sarkar in an unprecedented decision hurriedly passed (in two days flat) the 124th Constitution Amendment Bill granting 10% reservation for economically weaker sections (EWS) of the general category in educational institutions and Government jobs. On the premise the family earned less than Rs 8 lakhs a year or lived in a house less than 1,000 sq feet or those who owned farmland less than five acres. It’s another matter that the BPL has shot up from Rs 32 a day to Rs 2100 a day totaling Rs 8 lakhs!

Undeniably, the law has the seal of political expediency on it. Obviously, the immediate trigger for it is the rout of the BJP thanks to upper castes backlash in the recent Assembly elections in MP, Chhattisgarh and Rajasthan with rising unemployment among others. Of course, the   Opposition readily obliged. After all they too would benefit and could be perceived as rejecting a Bill which benefits the EWS.

In one fell stroke, the Government can immediately provide jobs to 3 lakh general category individuals under the new quota as there are nearly 29 lakh posts lying vacant within the Central and State Governments, 13 lakhs in education sector, over 4 lakhs in police and nearly 3lakhs in railways.

Predictably, the next day this was challenged in the Supreme Court on the grounds of violating the Fundamental Right of Equality and was in “breach of the basic structure of the Constitution” by introducing Articles 15(6) and 16(6) into it.” Besides, raising questions about the purported definition on EWS leaving it to the States to decide.

Specially against the background of the Supreme Court striking down general reservation for UP’s rural areas in 1975 on the basis that poverty therein could not be a ground for reservation. In 1980, it ruled that J&K cannot use rectification of regional imbalances as a ground for reservation.

Again, in the landmark Indra Sawhney case in 1992 a majority of a nine-judge bench ruled that economic criteria could not be the sole basis for reservations under the Constitution. Other cases upholding the 50% limit on quota are the 2006 judgment in the M. Nagaraj case and the 2018 verdict in the Jarnail Singh vs Lachhmi Narain Gupta case. This was reiterated by various High Courts: In 2015, Rajasthan struck down 14% reservation for EBCs, next year Haryana stayed 10% reservation for EBCs, ditto in Gujarat wherein 10% EBC reservation to meet the Patel demand for those earning less than Rs 6 lakh was struck down. In 2017, Kerala notified 10% EBCs in Devaswom boards.

Questionably, what is the logic of providing reservation for 10% of the EWS of forward classes? Can the Government unilaterally increase the 50% benchmark to 60%? What was the criteria of deciding Rs 8 lakhs income as the cut-off? Is the economically backward section per se standardized among the forward classes? What happens to the 40% general category left out? Where do they get educated and jobs? Already some States have hiked the percentage ranging from 69% in Tamil Nadu to 80% in Bihar and Karnataka. 

How does it better the lot of the mass of EWS if a few persons get jobs? Is it fair that a meritorious person denied admission or a job? How is the Government going to avoid reverse discrimination? Has anyone assessed whether those provided reservation have gained or continue to loose? Has an objective study been made to find out the end result? Is reservation an end in itself? Are quotas the answer for maintaining India’s social fabric and harmony? According to a former Chairman of the National Commission on Backward Classes, “politicians have converted reservation into a circus.”

Alas, in its quest for getting EWS votes our polity fails to realize the ramifications of their actions. Already divided on caste-creed lines, it would now further divide the aam aadmi on a class basis between the haves and have-nots and rich and poor. Indeed, a short-sighted and antithetical move to narrowing India’s burgeoning divide amongst its citizens.

Unfortunately, ground realities and make-believes sociology do not always correspond. Reservations by themselves will not transform the village society whose social structure is built upon an edifice of illiteracy and ignorance which in turn perpetuates an iniquitous class-caste system.

True, many EWS families are poverty-stricken. But it needs to be remembered that poverty exists in a family unit and not at the class level per se. If one has to eradicate poverty, then all poor families belonging to a class should be eligible for State privileges. But at the same time it should not ostracise poor families belonging to castes not listed as ST, SC or OBC.

Significantly, in the garb of meting out social justice, our netas continue to bask in reckless ad hocism and announce reservations. The truth is that we are today caught in a vicious circle which has been made a lot more malignant by our unstable and fragmented politics. Not just that. The scepter that haunts the nation is not that of caste struggle but of class struggle. Backwards and forwards have become more meaningful than the Left and the Right in politics.

With everyone propounding their own recipe of a social harmony, the nation is getting sucked into the vortex of centrifugal bickering. So caught up are all in their frenzied pursuit of votes through quotas they confuse themselves, voters and history itself. Wherein, it is now difficult to recognize India as the same country which Emerson described as the “summit of human thought’.

Our leaders need to realize it is dangerous to indulge in the ongoing political power games passed on class-caste rivalries. By that token, the whole social reform movement will become meaningless. They should remember that universalisation of reservation will mean goodbye to excellence and standards --- a ‘must’ for any modern nation that wishes to forge ahead.

Certainly, social justice is a desirable and laudable goal. But it cannot be at the cost of nurturing mediocrity.  Remember, there is no place for double standards or the Orwellian concept of ‘more equal than others’ in a democracy. What is sauce for the goose is sauce for the gander. The Fundamental Rights provide for equal opportunities for all irrespective of caste, creed or sex. Let’s not fudge or forget this.

Time our leaders rise above mindless populism, petty politricks and cry a halt to quotas as they are detrimental to long-term growth. They need to think creatively about how to achieve the goal of putting everyone on equal footing. Merely having reservation will not spell excellence. Specially in today’s increasingly competitive global village.

After all, social justice and equal opportunity is not the prerogative of a chosen few. As it stands the system of caste-based quotas has already become divisive and self-defeating. Time now for our petty power-at-all cost polity to think beyond vote-bank politics and look at the long-term implications. No longer will young India accept that power in privilege can be transformed through electoral competition into power in numbers. ---- INFA

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