Author: Balbir K. Punj
Publication: Organiser
Date: November 12, 2006
URL: http://www.organiser.org/dynamic/modules.php?name=Content&pa=showpage&pid=156&page=9
Introduction: The path of populism of this
mad variety at times can lead a nation to destruction. If there is a lesson
for us in history we must turn to the French Revolution. The later research
revealed how disastrous the revolution proved for the common people in France
in whose name the uprising took place.
Pressure is being mounted to upturn the Supreme
Court's recent verdict on a number of constitution amendments that the "creamy
layer" in SC/STs be kept out of the promotion within their quotas in
public employment. From all indications Government would cave in despite its
own doubts, for the simple reason that the parties in the UPA do not want
to be perceived as "anti-reservation" whatever that means.
So not to be found wanting or disloyal, every
one would shout hallelujahs for the king, to hell with reason. The approaching
season is one of elections and no politician wants to lose vote banks and
go into oblivion. Just look at the demand the JD (U) is making: According
to the report in the Economic Times, the JD (U) demanded that 'all provisions
pertaining to reservations and the empowerment of the underprivileged be included
in the Ninth Schedule of the Constitution so that they could not be tampered
with in the future.'
The path of populism of this mad variety at
times can lead a nation to destruction. If there is a lesson for us in history
we must turn to the French Revolution. The later research revealed how disastrous
the revolution proved for the common people in France in whose name the uprising
took place. The tide of passion that swept through France at the time turned
an execution instrument like the gillet into an icon.
Some of the best talent in the country were
executed in the process. When the political class begins to grumble at the
checks and balances like the Judiciary that democracy provides because these
institutions refuse to endorse the running political passion, it sounds the
tocsin. It seems the situation now on reservations has come to this critical
level circumscribed by a circle of unreason.
On the issue of reservations, Parliament as
well as many state legislatures have been consistently found to be vulnerable
to the appeal of passion setting aside all reason. We have the huge political
storm that V.P. Singh kicked up with the Mandal decision even as his government
was facing the sunset, in a political scorched earth policy to deny rivals
the benefit even when he could not avoid a shameful retreat. He was aware
that he was opening a Pandora's Box and he did not care what happens to the
nation so long as he could come out of the debris of his government with a
feather of martyrdom.
The earlier Congress governments had been
careful for almost two decades not to let the Mandal genie out. In Tamil Nadu
both the DMK and its bitter rival AIADMK have upped the ante on reservations,
taking the total past the 50 per cent ceiling set by the Supreme Court and
then got the Centre to frame constitutional amendments to justify what is
plainly unconstitutional.
Even after the Supreme Court nailed a creamy
layer exclusion label on its Mandal decision, the Kerala Government in 1995
passed a legislation that claimed that "there are no socially advanced
sections in any backward classes who have acquired the ability to compete
with forward classes". That stand simply bypassed the "creamy layer"
restriction in doling out reservations to all those influential sections who
got accommodated in the generic term Backward Classes. The Kerala resolution
was a telling demonstration of how passions could obfuscate reason.
Parliament itself has not been less vulnerable
whenever the courts sought to drive in some reason into this issue. Last time
it bent to accommodate the Constitution to the claims of passion was when
the court ruled that Government cannot impose quotas on private educational
institutions. There were a few dissenting voices when this assault on the
constitutional checks was perpetrated. But like Cassandra's warning to the
passion swept Trojans, these dissenting voices were ignored with the political
class competing to be seen as more loyal than the king.
We could assume therefore that this time too
the court would be circumvented through another constitution amendment. It
is even possible that competition would put all legislations on reservations
in the Ninth Schedule taking them beyond legal challenge to use this as an
electoral weapon. Even the more reasonable among the political class would
fear their rivals making use of non-conformity as an insult to a powerful
and well politicised class and therefore would go along ignoring the consequences.
The reaction among the political class every
time the judiciary sought to remind the country about the original purpose
of reservations and limit legislative enactments within that purpose has been
one of accusation that the judiciary is seeking to drive into executive property.
In last week's judgment however the court has sought to clarify the issues
unlike what its critics are accusing it of.
It is time the debate should focus not just
on crème layer application or non-application but on the main purpose
of reservation and whether specific steps in uplifting the underprivileged
serve the purpose for which the Constitutional protection was given to this
affirmative action. The court has observed that "if the extent of reservation
goes beyond cut-off point then it results in reverse discrimination."
The court wants "backwardness to be based on objective factors."
The question of "inadequacy of representation"
has also to be judged on objective factors. If two backward castes who have
been offered similar educational encouragement (like free books, free education,
free tuition etc) show different results in terms of utilization of those
benefits, should both be treated equally in regard to reservation? The danger
of creating a vested interest in remaining backward is getting very real.
In that case, the political class that claims to fight for such backward classes
would be only acting against their interests.
The circle of unreason spikes the progress
of the backward who are supposed to be the beneficiaries of the reservations
unless a certain degree of accountability in utilization of the benefits is
imposed as a necessary discipline. The degree to which reservation leads to
expansion of creamy layer within a community may be a sign of progress. Ultimately,
this could lead to a situation where the political class becomes a parasite
on the backward half of the country rather than its liberator. Reservation
itself, says the court very objectively, is meant to find a "stable equilibrium
between justice to the backwards, equity to the forwards and efficiency for
the entire system".
(The writer can be contacted at bkpunj@gmail.com)
