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