EDITORIAL ANALYSIS : The last person among the marginalized has hope
Kartavya Desk Staff
Source: The Hindu
Prelims: Current events of national importance(SC/ST, Article 16, 15, 330, 332, 335, 77th Amendment Act etc
Mains GS Paper II: Significance of separation of power, role in judiciary in checks and balances, law making power of Parliament, different judgments on public employment.
ARTICLE HIGHLIGHTS
• In State of Punjab vs Davinder Singh, the Supreme Court permitted sub-classification in reservation for Scheduled Castes and Scheduled Tribes (SCs and STs).
INSIGHTS ON THE ISSUE
Context
Constitutional Provisions Governing SC/ST Reservation in India:
• Part XVI deals with reservation of SC and ST in Central and State legislatures.
• Article 15(4) of the Constitution enabled the State and Central Governments to reserve seats in government services for the members of the SC and ST.
• Article 16(4) of the Constitution provides: “Nothing in this article shall prevent the State from making any provision for the reservation of appointments or posts in favor of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the state.
• 77th Amendment) Act, 1995 and a new clause (*4A) was inserted in Article 16 t*o enable the government to provide reservation in promotion.
• 85th Amendment Act, 2001 provides consequential seniority to SC and ST candidates promoted by giving reservation.
• Article 330 and 332 provides for specific representation through reservation of seats for SCs and STs in the Parliament and in the State Legislative Assemblies respectively.
• Article 243D provides reservation of seats for SCs and STs in every Panchayat.
• Article 233T provides reservation of seats for SCs and STs in every Municipality.
• Article 335 of the constitution says that the claims of STs and STs shall be taken into consideration constituently with the maintenance of efficacy of the administration.
SC’s Verdict on Sub-Classifications of SCs and STs:
● Sub-Classifications Permitted: The Court ruled that states are constitutionally allowed to sub-classify SCs and STs based on varying levels of backwardness.
● The seven-judge Bench ruled that states can now sub-classify SCs within the 15% reservation quota to provide better support for the most disadvantaged groups.
● Chief Justice of India: difference between “sub-classification” and “sub-categorisation,” cautioning against using these classifications for political appeasement rather than genuine upliftment.
● Sub-classification should be based on empirical data and historical evidence of systemic discrimination, rather than arbitrary or political reasons.
● States must base their sub-classification on empirical evidence to ensure fairness and effectiveness.
● The Court clarified that 100% reservation for any subclass is not permissible.State decisions on sub-classification are subject to judicial review to prevent political misuse.
● The court stated that Reservation has to be limited only to the first generation
Background:
• Post 1947, the Indian government has provided various forms of welfare and social support for marginalized groups.
• A few castes within the SC category evolved the capacity to “aspire and acquire”.
• Gradually, they became more visible and competition grew for the resources between the marginalized groups.
• Certain sub-groups among SCs and STs cornered the greater share of benefits at the expense of the more disadvantaged groups within these broader categories.
SC’s in States:
• State has a list of castes and communities enumerated in the Scheduled lists.
• In Uttar Pradesh, there are 66 Scheduled castes Bihar, the number is 23. In Maharashtra, there are 59 SC castes Punjab, around 39 Andhra Pradesh, there number is around 60.
• Bihar, the number is 23.
• In Maharashtra, there are 59 SC castes
• Punjab, around 39
• Andhra Pradesh, there number is around 60.
Issues:
• Only a few have acquired visibility and prominence in various states.
• Many of the remaining communities from these states remain invisible, too often outside the realm of the reservation and welfare net.
• Most of them have not acquired even the capacity to aspire, which is a necessary condition for socio-economic and political mobility.
• Many have not had the opportunity to nurture their own intellectuals and leaders with the agency to articulate their issue in myriad public spheres.
Historical demand for demand for sub-categorisation within SCs:
• It emerged due to the competition between castes.
• Communities like the Madigas in Andhra Pradesh and Telangana and Valmikis in UP became the leading sub-groups among the disadvantaged section of SCs.
• They acquired the means and aspiration to compete with the relatively more visible groups such as Jatavs in UP.
Way Forward
• The decision is a crucial step towards empowering the most marginalized and invisibilized social groups in the country and, as such, has a huge transformative potential to deepen our democracy.
• The Supreme Court’s verdict will help open the doors to state benefits for these invisible communities. However, to best utilize this opportunity to further social justice in India, we need data for the identification and enumeration of such communities.
• However, to best utilize this opportunity to further social justice in India, we need data for the identification and enumeration of such communities.
• The benefits should not only reach such aspirant groups but also to the communities that remain invisible and cannot yet compete with others within the SC or ST category as well as with the broader society for their slice of the development pie.
• State governments in Tamil Nadu, Andhra Pradesh, Punjab and Mahrashtra that are positively disposed towards the demand for sub-categorisation They need to be sensitive to the needs of numerically smaller groups who live at the margin of the margins during the process of identification of castes and tribes for the Scheduled list.
• They need to be sensitive to the needs of numerically smaller groups who live at the margin of the margins during the process of identification of castes and tribes for the Scheduled list.
• The Indian state also needs to prepare people from such groups to develop capacity and prepare them to compete to take advantage of state-created protective discrimination and social justice services.
QUESTION FOR PRACTICE
Discuss the role of the National Commission for Backward Classes in the wake of its transformation from a statutory body to a constitutional body.(UPSC 2022) (200 WORDS, 10 MARKS)