Events & Issues

New Delhi, 17 January 2019

New Reservation Quota

WHAT WILL BE  ACCOMPLISHED?

By Dhurjati Mukherjee

The recent decision of the Government to provide an additional 10 per cent reservation in  government jobs and educational institutions to the ‘economically backward sections ’is undoubtedly a big gimmick, which even the Congress did not oppose to ensure safe passage in the Lok Sabha and Rajya Sabha. Analysts point out that the BJP has possibly given up on the Dalits and backward classes and concluded from the recent poll results in the three heartland States that something must be done to check the erosion of its core base of upper caste voters.

The contemplated reservation with of Rs 8 lakh household income or having farmland less than 5 acres caters to the middle income sections and not to the economically weaker sections. The income criterion would actually make over 90 per cent of Indians, if not more, eligible in the new quota. Moreover, the Rs 8 lakh cut-off for OBCs defines what constitutes the creamy layer amongst them. The third criterion is of the size of the house being less than 1000 sq.ft. As per the NSSO report of 2012, even the richest 20 per cent of the population had houses with an average floor area of 45.99 sq. metres which is almost exactly 500 sq. ft. Apparently this may mean well over 80 per cent would be eligible. 

As is well known, the thrust of Indian planning over the years has been urban centric and titled towards the upper and middle income sections. But the point that needs to be noted is that while the Government could introduce reservation for any section of society, it needed to furnish empirical proof that the beneficiary group was inadequately represented in government jobs and education. 

It needs to be further mentioned that several court judgments beginning with the 1991 Indra Sawhney verdict by a nine-judge Constitution bench held that the government must justify reservation for any group with specific data about its share in jobs and education. At present the section that is proposed to be covered is very well represented in both the above areas and thus the reservation may go against earlier court observations. Thus, there is a possibility that, if challenged, the apex court may not be favourable disposed to the reservation.  

One should not forget that the Narasimha Rao government had in 1991 tried to introduce reservation for upper castes through an Executive order, but the Supreme Court held it constitutionally invalid. However, Modi government now planned a Constitutional amendment. Thus, keeping in view the fact that the basic structure of the Constitution gives scope for socially and educationally backwardness, economic backwardness – which also appears to be a misnomer – may not be find acceptance.

Added to this, is the fact that this reservation takes the total above 50 per cent, the limit fixed by the apex court. Some experts are of the opinion that the Constitution does not recognise economically weaker sections as a separate class for providing preferential treatment. Possibly the government has to amend Articles 15 and 16 to provide quota on the basis of economic status. It may not pass the legal test if and when the matter is examined by the apex court, which had repeatedly stated that reservation cannot go beyond 50 per cent.

However, it needs to be mentioned that Tamil Nadu and Maharashtra have a total quota of 69 per cent and 68 per cent respectively reservation. Some other States have proposed quotas above 50 per cent like Haryana (67 per cent), Telengana (62 per cent), Andhra Pradesh (55 per cent) and Rajasthan (54 per cent).

Till now reservation was limited to social and educational backwardness. “The backwardness contemplated by Article 16(4) is social backwardness. Education and economic backwardness may contribute to social backwardness is a distinct concept having its own connotation”, the bench of Justices Ranjan Gogoi and R. F. Nariman had stated. 

The whole reservation policy for the upper castes and that too for the middle income sections among that category may not fulfil the objective of giving a fair opportunity to the really poor and the economically weaker sections. Delving into history, one can find that the basic objective of reservation of SCs and STs, the first phase and later the OBCs were all aimed to uplift the conditions of the neglected and the impoverished and bring them into the mainstream of life and activity. 

According to a section of sociologists, extending such benefits to Brahmins, Kshtriyas, Khatris, Kayasthas and Banyas may not be acceptable from the point of social justice. However the sudras among the upper castes like Marathas, Jata, Gujjars and Patels may have been considered for reservation benefits.     

The present reservation would benefit the same social groups, which ridiculed the quota system as vote bank politics have helped them to get quota benefits. The irony is that the stage is being set for claims and counter-claims of backwardness by the so-called economically backward sections to be eligible for quotas. This will undoubtedly be a major cause that may lead to political and social tensions.

Taking into account the present situation, one cannot deny the fact that the announcement is politically motivated coming as it does just 100 days before the elections. The quota makes little sense and is just a reflection of the NDA Government’s desperation at not being able to create jobs with unemployment and underemployment on the rise. Moreover, parties that have their base predominantly among the OBCs are almost certain to raise the demand that their quota should now be raised to become proportional with their share of the population.

Meanwhile, the Catholic Bishops’ Conference of India regretted its “dichotomy rendering of social justice” by failing to grant reservation in education and employment to Christian and Muslims of Scheduled Caste origins. It expressed concerns over the hasty passage of the 124th Constitutional Amendment Bill 2019 and petitioned the Prime Minister to increase reservation to SCs and STs proportionate to their population. 

As a section of sociologists have repeatedly pointed out that reservation should be based on economic criteria and the objective has to help the process of removing backwardness and alleviating the conditions of the poor or economically weaker sections. It is indeed a tragedy that the Government does not think it necessary to focus on the above sections that need help and support to uplift their conditions.

It would have been better if the income levels have been kept at Rs 2 lakhs or Rs 2.5 lakhs at the most so that the EWS or the lower income groups (LIG) would have been benefitted. The present reservation has no economic justification and, as such, the apex court may not find enough justification to support the same.     

Once again it becomes amply evident that the politicians and planners of our country have, over the years, shown scant concern for the really poor and the EWS groups who are still struggling for a decent livelihood. The agrarian as also the general rural distress necessitates that their income levels are boosted through more employment opportunities and focus on rejuvenation of the rural sector.---INFA

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