Tag Archives: Indian Constitution

Basis and Significance of Reservation


In the recent debates on reservation some people have suggested that let us now give reservation to so-called upper castes according to percentage of their population. I do not agree with this argument. I think those who are mooting this idea are doing in frustration or out of their ignorance about the logic and basis of reservation. By even mooting this idea we dilute the principles of reservation and spread the idea that reservation can be granted to anyone. One should not forget and misunderstand the logic of reservation. There are very significant, fundamental and structural principles on the basis of which this reservation was conceded to SC, STs and to some OBCs after intense debates in the constituent assembly and centuries of movements by SCs, STs, and OBCs. Few of them were:

  1. They have faced thousands of years of exclusion and discrimination and were not accepted as even human beings.

  2. This exclusion and discrimination of thousands of years was cumulative in nature, that is, it was not in one aspect of life but it was in most of the spheres, for instance in social, economic, political, educational, religious, residential, occupational, etc.

  3. The founding fathers of the Indian nation thought that even after these people were accorded human rights enshrined in the democratic constitution of India and there will be penal provisions according to Indian Penal Code one will not be able to obliterate this exclusion and discrimination against these people and there should be some special provisions for them in the realm of Politics, Bureaucracy, and Education.

  4. There is an element of social justice in the reservation of SCs, STs, and OBCs. It involves historical corrective of injustices done to SCs and STS.

  5. There was no time limit fixed for reservation for SC and STs in Bureaucratic Jobs and in Educational Institutions. Only political reservation under article 330 and 332 of Indian Constitution, which reserves seats in Lok Sabha and in Vidhan Sabhas of different States were for 10 years. However, these reservations have been given new life with different amendments.

  6. The most important point is ‘Reservation for SCs and STs’ is directly connected with the issue of representation. It was because they did not have any representation in any sphere of life, that is, in social, economic, political, educational, etc. sphere for thousands of years and therefore they were supposed to get representation in these Institutions.

  7. Therefore, reservation is not poverty alleviation programme. The founding fathers of nation did not think to remove poverty of scheduled caste persons through reservations. In fact there are so many poverty alleviation programmes begin run in India. One such programme is MNREGA, the other is Prime Minister’s Rojgar Yojna etc. They always thought to grant SCs and STs Self-representation through reservation.

In the light of the above we cannot concede reservation to Upper Castes. Second we cannot concede reservations on economic basis.

By – Prof. Vivek Kumar, JNU

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RESERVATION – 10 Questions and Answers


Q 1: What is reservation?

The word reservation is a misnomer. The appropriate word for it used in the Indian Constitution is Representation. It is not given to anyone in his individual capacity. It is given to individual as a representative of the underprivileged community. The beneficiaries of reservations are in turn expected to help their communities to come up.

Q 2: Why reservation?

The policy of reservations is being used as a strategy to overcome discrimination and act as a compensatory exercise. A large section of the society was historically denied right to property, education, business and civil rights because of the practice of untouchability. In order to compensate for the historical denial and have safeguards against discrimination, we have the reservation policy.

Q 3: Were Reservations incorporated by the founding fathers of the constitution only for first 10 years?

Only the political reservations (seats reserved in Loksabha, Vidhansabha, etc) were to be reserved for 10 years and the policy review was to be made after that. That is why after every 10 years the parliament extends political reservations.

The 10 year limit for reservations is not true for the reservations in education and employment. The reservations in educational institutions and in employment are never given extension as it is given for the political reservations.

Q 4: Why give reservations on basis of caste?

To answer this question we must first understand why the need for the reservations has arisen. The cause for the various types of disabilities that the underprivileged castes in India face / have faced, is the systemic historical subjugation of a massive magnitude based on caste system having a religious sanction. Therefore if the caste system was the prime cause of all the disabilities, injustice and inequalities that the Dalit-Bahujans suffered, then to overcome these disabilities the solution has to be designed on basis of caste only.

Q 5: Why not on basis of economic criterion?

Reservations should never be based on economic status for various reasons as follows:

1. The poverty prevailing among the Dalit-Bahujans has its genesis in the social-religious deprivations based on caste system. Therefore poverty is an effect and caste system a cause. The solution should strike at the cause and not the effect
2. An individual’s Economic status can change. Low income may be taken to mean poverty. But the purchasing value of money, in India, depends upon caste. For example a Dalit can not buy a cup of tea even in some places.

3. Practical difficulties in proving economic status of individual to the state machinery are many. The weak may suffer.

4. In caste ridden India infested with rampant corruption, even for an unchangeable status like caste, the false “Caste Certificate” can be purchased. How much easier will it be to purchase a false “Income Certificate”? So income based reservation is impractical. It is no use arguing when both certificates can be bought, why caste only should form basis of reservation. It is certainly more difficult to buy a false caste certificate than a false income certificate.

5. Reservation is not an end in itself. It is a means to an end. The main aim is to achieve the active participation and sharing by the “socially excluded” humanity in all the fields of the affairs of the society. It is not panacea for all ills, neither it is permanent. It would be a temporary measure till such time the matrimonial advertisements in newspaper columns continue to contain the mention of caste.

Q 6: Should there be a creamy layer criterion or not?

The demand from anti-reservationists for introduction of creamy layer is ploy to scuttle the whole effectiveness of reservations. Even now out of all seats meant for SC/STs in IITs , 25-40 % seats remain vacant because it seems IITs do not find suitable candidates. Just imagine what would happen if by applying creamy layer criterion the SC/ST middle class, lower middle class people who are in position to take decent education are excluded from reservations benefit ! Will the poor among SC/STs be able to compete with these ‘privileged ‘students’ trained under Ramaiah and at various IIT-JEE training centers at Kota ?
Of course Not.
This will lead to 100 % seats in IITs for SC/STs going vacant.

Q 7: How long should the reservations continue?

The answer to this question lies with the anti-reservationists. It depends on how sincerely and effectively the policy makers which constitute “privileged castes” people in executive, judiciary and legislature, implement the reservations policy.
Is it just on part of “privileged castes” people who have enjoyed undeclared exclusive reservations for past 3000 years and continue to enjoy the same even in 21st century in all religious institutions and places of worship, to ask for the timelines for reservations policy?
Why do not they ask, how long the exclusive reservations for particular community in the religious institutions and places of worship are going to continue?
The people who have acquired disabilities due to inhuman subjugation for 3000 years will need substantial time to come over those disabilities. 50 years of affirmative action is nothing as compared to 3000 years of subjugation.

Q 8: Will not the reservations based on castes lead to divisions in the society?

There are apprehensions that reservations will lead to the divisions in the society. These apprehensions are totally irrational. The society is already divided into different castes. On the contrary reservations will help in annihilating the caste system. There are around 5000 castes among the SC/ST and OBCs. By grouping these various castes under 3 broad categories of SC, ST and OBC, the differences among 5000 separate castes can be abridged. This is a best way of annihilation of castes. Therefore rather than making rhetoric about reservations leading to divisions in the society the anti-reservationists should make honest and sincere efforts to annihilate castes. Have these people made any efforts towards this direction? In most of the cases the answer is NO. The people making these anti-reservations rhetoric, all this time have been enjoying all the privileges that the Indian caste system offers to the “Privileged Castes”. As long as they enjoy the privileges of the caste system they do not have any qualms regarding it. But when it comes to making castes as basis for achieving social equality by providing representations these same people make noises. These are the double standards of highest order practiced by the ‘privileged’ people.

Q 9: Will not reservations affect the Merit?

As regards to how Merit is defined in a very narrow sense and what it actually means, following is the quote from an article by Prof Rahul Barman of IIT Kanpur.

Reservations of more than 60 % have existed in the 4 states of southern India and around 40 % in Maharashtra since last 50 years. On other hand in the north Indian states the 15 % ‘privileged castes’ have been enjoying 77 % of the seats in educational institutions and in employment (assuming that 23 % reservations for SC/STs are totally filled, which is not the case). The World Bank study has found that all the 4 south Indian states are much ahead of north Indian states in terms of their human development index. It is a common knowledge that all the southern states and Maharashtra are much ahead in fields of education, health, industrial development, in implementing poverty alleviation schemes, etc. than the north Indian states. This shows that reservations have indeed helped the southern Indian states in making progress on various fronts. Whereas lack of adequate reservations is responsible for the lack of development in most of the north Indian states.

Q 10: Have existing reservations for SC/STs been effective or not?

The reservation policy in the public sector has benefited a lot of people. The Central government alone has 14 lakh employees. The proportion of Scheduled castes in class III and IV is well above the quota of 16 per cent and in class I and II, the proportion is around 8–12 per cent. So, the middle and the lower middle class that we see today from the Dalit community is because of reservation.

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Facebook or Fascistbook? Speak up for Dilip Mandal!


A couple of days ago, Facebook disabled the account of senior Bahujan journalist and writer Dilip C. Mandal, without any explanation. Below is an English translation of the statement issued by Mr. Mandal through email, followed by the original note in Hindi.

I have no complaints against those who made a fake profile in my name and are writing stuff on it. All that is like juvenile behaviour, albeit of those who have just grown up physically. Those adults in diapers, who are making a mockery of the idea of discussion and debate – it is hard to be upset with such pathetic creatures. Their language reveals their true nature, which according to them is their sanskar, their values. Please forgive them.

Those who nurse any doubts regarding me, I just want to tell them that if you still do not know what I can or cannot write, then that is your problem. I am not in the mood to help you out. But Facebook, whatever happened to you? It is possible that you probably received thousands of complaints saying that my account is fake. Perhaps there was even some campaign. But you have my ID, my phone number. You could have asked once, could have asked for any authorized documentary proof, you could have verified. But you disabled my account without asking anything. Why? Was it under pressure from the government or was it the RSS that complained? Or is this due to some grudge that some casteist staff member in your office might be holding against me? Did anyone’s sentiments get hurt? Please do tell. What is there to be shy in this?

If anyone has a problem with what I wrote, if there is anyone who feels my comments were defamatory, or that they might disturb public peace and harmony; if anything I wrote violates some rule of the IPC, then there are enough legal provisions for anyone to utilise them to sue me.

But those running Facebook, particularly those sitting in their India office, should please explain that without any such complaint, what made them decide to disable my account?

Tell Facebook, why have you closed the account?

There is of course a simple way out, I could just open another account, but why should I resort to such stealthy means? This stealthy behavior – disabling my account in this underhand manner – is something that you have adopted. You should be ashamed. Now your tall claims that you are a platform for democratic and accessible ideas and opinions has been exposed as hypocrisy. Facebook, are you aware that the Indian Constitution ensures us freedom of thought and expression? Dear Facebook, you are driving on the wrong side. I hereby challan you.

~ Dilip Mandal

फेसबुक की रॉंग साइड ड्राइविंग

उनसे कोई शिकायत नहीं है, जो मेरे नाम की नक़ली प्रोफ़ाइल बनाकर उस पर कुछ कुछ लिख रहे हैं। यह सब शरीर से बड़े हो चुके कुछ बच्चों का खेल है। डायपर पहनकर जो विरोध और विमर्श का तमाशा कर रहे हैं, उन बेचारों पर तो नाराज़ हो पाना भी मुश्किल है। उनकी भाषा उनका परिचय है, उनके हिसाब से उनका “संस्कार” है। प्लीज़, उन्हें माफ़ कर दीजिए।

जो लोग मेरे बारे में संदेह में हैं, उनसे सिर्फ यह कहना है कि अगर आपको अब भी नहीं मालूम कि मैं क्या लिख सकता हूँ और क्या नहीं, तो यह आपकी समस्या है। मैं आपकी मदद करने के मूड में नहीं हूँ।

लेकिन फेसबुक, तुम्हें क्या हो गया है? हो सकता है कि तुम्हें हजारों की संख्या में शिकायतें मिली होंगी कि मेरा एकाउंट फ़र्ज़ी है। चला होगा कोई कैंपेन। लेकिन तुम्हारे पास मेरी आईडी है, फ़ोन नंबर है। एक बार पूछ लेते। कोई सरकारी पहचान माँग लेते। वेरिफाई कर लेते। लेकिन तुमने बिना कुछ पूछे, एकाउंट डिसेबल कर दिया। क्यों? सरकार का दबाव था? या RSS की शिकायत थी? या आपके दफ़्तर के किसी जातिवादी स्टाफ़ की निजी खुन्दक है? किसी की भावना आहत हो गई है क्या? चलो बता भी दो। शर्माने की क्या बात है?

अगर मेरे लिखे से किसी को शिकायत है, किसी की मानहानि हुई है, शांति व्ववस्था को ख़तरा है, सौहार्द नष्ट हो रहा है, IPC की किसी धारा का उल्लंघन हुआ है, तो कानूनी व्वस्थाओं के तहत कार्रवाई का रास्ता सबके लिए खुला है। लेकिन फेसबुक चलाने वाले, खासकर उसके इंडिया ऑफ़िस में बैठे लोग, बताएँ कि ऐसी किसी शिकायत के बग़ैर, आपने एक एकाउंट को डिसेबल करने का फैसला क्यों किया?

कोई तो वजह होगी?

बताओ फेसबुक, क्यों बंद किया एकाउंट? वैसे तो रास्ता यह है कि मैं एक और एकाउंट खोल लूँ। लेकिन चोर दरवाज़े से मैं क्यों आऊँ? चोर दरवाज़े से, छिपकर एकाउंट बंद करने का काम तो तुमने किया है फेसबुक। शर्म आनी चाहिए। अब आपका यह क्लेम तो खंडित है कि आप विचारों और आइडिया के लिए एक सर्वसुलभ डेमोक्रेटिक मीडियम हैं।

फेसबुक,

 क्या आपको पता है कि भारतीय संविधान में विचार और अभिव्यक्ति की स्वतंत्रता का विधान है। आप रॉंग साइड में चल रहे हो फेसबुक महोदय। मैंने आपका चालान काट दिया है।

दिलीप मंडल

Source – The Preamble 

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What Nelson Mandela said about Dr. Ambedkar


“The Indian Constitution provides inspiration in preparation of a new South African Constitution. We hope that our efforts in formulation of a new constitution will reflect the work and ideas of this great son of India. Dr.Ambedkar’s contribution to social justice and to the upliftment of the oppressed is worthy of emulation.” – Dr. Nelson Mandela

Mandela Ambedkar

Check also – 

ambedkar mandela 3

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