Reserve Justice
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Reservation Policy: The Reigning Trends and Their Implications
In India, the political class represented by the entire spectrum of the national and regional parties shows a near unanimity in regard to what they want done and what they intend to do in the area of reservation policy. (1) They are, for example, for the continuance of the caste-based system of providing quotas ; (2) They want extension of reservation to OBCs and they are not for the exclusion of the creamy layer; (3) They are opposed to the Supreme Court-ordained ceiling of 50% as the maximum quantum of reservation allowable under all circumstances. This order, it may be noted, comes in the way of most the southern states that are already providing reservation far in excess of this limit, even up to as much as 70% in the case of state of Tamil Nadu; and (4) There is the growing demand for extension of reservation to the private sector in the context of liberalization of the economy and the shrinkage of the public sectoe and government jobs.
These pressures and moves are ,as can be seen, in opposition to the rulings the Supreme Court has given from time to time in a plethora of reservation-related cases which are still pending before it. The SC, as the guardian and interpreter of the Constitution, does not see eye to eye with the political class on several important aspects of the reservation policy. Last year, the Supreme Court had stayed the then Government`s move to implement reservation in central educational institutions, including IITs and IIMs. The Court wants the extent of backwardness of the OBCs to be first determined on the basis of latest figures before quotas could be implemented. Further, the Court insists on excluding the creamy layer as the only rational approach and sticks to the 50% ceiling on quotas it has imposed and reiterated in several of its rulings. One wonders what its reaction is going to be when the moves to introduce reservation in the private sector acquire some concrete shape in the coming years.
- Thus we have a situation where the Government and the majority of the nation`s political class stand in an adversarial relationship with the judiciary on the issue of reservation. The point to note here is that it is an uneven contest in which there can be no doubt as to who will be calling the shots. For there is little doubt that electoral politics will ultimately triumph. If and when the Court`s final verdict on the myriad reservation-related suits pending before it comes, and if that verdict turns out to be unacceptable , the poitical masters will not rest till the supremacy of the Parliament is asserted through a constitutional amendment. You may ask: what if the enacted amendment itself is called into question before the SC? And what if the Court, upon examination, strikes down the amendment enacted? In the eventuality pictured by the questions posed above, a huge constitutional crisis will surely rock the nation but then politics will ultimately triumph. Likewise, whatever the opposition from stakeholders, and whatever the position of the judiciary on the issue, it is only a question of time before reservation gets extended to the private sector in some form or other.
If what I have sketched so far is what is likely to happen, what will it mean for the country`s interests? That is, what will be the consequences? How will the scenario affect the interests of the country?
Well-meaning critics have pointed out the serious flaws in the reservation policy. They have shown that if the benefits of reservation are to reach the really disadvantaged poor sections, then the creamy layer must be excluded. The blind adherence to a policy of caste-based reservation without an in-built economic criterion will defeat the very purpose of the policy-that of uplifting the millions of poor, really backward people. Not only that. It will institutionalize reservation for ever, sacrifice merit in recruitment ,and thereby severely undermine national interests.
I believe that except for the argument which claims that reservation will lead to erosion of efficiency and thereby hurt our nation`s progress, the other criticisms are well founded. The contention that reservation will lead to mediocrity in governance and affect the health of institutions does not withstand scrutiny as we shall see. Reservation may deny the meritorious from the general pool an equal opportunity; it may even result in the public services being flooded with mediocre candidates. But I do not agree that it will weaken our institutions, be injurious to their well-being.( For a learned statement of this point, refer, Anantha Giri,Madras Institute of Development Studies(MIDS, Chennai). Experience has shown that efficiency is not the most important criterion when it comes to maintaining the health of institutions. What we need are honest, straightforward public servants, as much as or even more than efficient ones. If honest officials also happen to be efficient , it will be ideal. But merit or efficiency without probity and a commitment to public good will undermine and , in the long run, destroy institutions, not preserve them. We are seeing this happening in our country at present. The efficiency argument , therefore, is not a sound one.
The other criticism against the present reservation policies, namely, caste as the basis without an economic criterion has only benefited a small minority of the vast SC/ST and OBC population is a very valid argument. Unless the creamy layer is eliminated, the benefits of reservation will remain a pipedream for the really backward millions. But the problem here is that the demand for exclusion of creamy layer comes from the opponents of reservation-members of the upper castes, middle and upper middle class urban sections. It does not command political support because it does not come from within the OBC masses who have not benefited from reservation. The reason why this is not happening is no political party-big or small, national or regional- which claims to champion the cause of the backward classes is willing to mobilize them on this issue. It is not that the unfortunate majority of the OBCs are not aware of this; it is not that they simply meekly accept this as their fate. It is that there is no one to mobilize or lead them.
How long will this situation continue? No democracy can long survive if it continues to exclude its weaker sections from the development process. Already the effects of such exclusion are visible. The citizen discontent is mounting, and it has, in recent years, resulted in the political fragmentation of the country. Over the past two decades, no political party has been able to form a government on its own at the Centre. And the trend is fast spreading to many of the states including Tamilnadu. Reservation is of course only one of the instruments for the uplift of the downtrodden; wealth redistribution must proceed simultaneously. But it is a significant part of our social justice policy. Unless the flaws in this policy are removed, we will be in for greater political uncertainty.
About the Author
N.Swaminathan
Chair
Dept. of Political Science
Annamalai University.
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