SUPREME COURT’S UNJUST CRITICISM/UNCHARITABLE COMMENTS ON RESERVATION FOR SC/ST CHILDREN OF OFFICERS OF IAS, IPS, Etc..
A. JAISON*
“Any claim for sharing of power by the minority is called communalism, whole monopolizing the whole power by the majority is called nationalism.” – Dr. Babasaheb Ambedkar
(Asian Independent)- A week ago, the Supreme Court’s hearings on the validity of sub-classification of SCs/STs received widespread media attention with articles and editorials, although it was not a judgment but comments/ views of the Judges during the hearings. This was due to the fact that the question was directed to the “affluent classes among the SC/ST” whose children have been still availing of the reservation. How can we call it? Is it because the Judges are not provided with the quantifiable data by the Centre on the inadequacy of the SCs, STs and OBCs in the higher echelons of the administration? Are these Hon’ble Judges unmindful of this question? Are the Hon’ble Judges carried away by the false narration doing rounds in the society that the SCs/STs have come up like anything without knowing the ground realities? Is the Centre too conspiring to back the views of the Judges? Is a deeper conspiracy borne out of political machinations? Still one hopes that the Hon’ble Judges will independently assess all the issues.
The following questions need to be answered by anyone:
- Since 1950 how many vacancies in each Group, viz., A, B, C & D have gone unfilled by the SCs and STs and consequently filled up by the ‘so called suitable and meritorious’ unreserved candidates?
- Since 1950 how many Chief Secretaries and DGPs from SC/ST have headed the States?
- Since 1950 how many Public Sector Undertakings have been headed by the SCs and STs?
- If the legal heirs of the serving or deceased officers of IAS, IPS and other ranks can’t fill up the ‘yawning gap’ in the Group A Posts, who else can fill up them to ensure adequacy of prescribed percentage? Do the Judiciary and Executive want to give these posts as bounties to the unreserved upper castes? To an unstarred question No.2686 in the Rajya Sabha Rajya Sabha on 23.3.2023, it was replied that between 2018 and 2022, out of total vacancies in IAS, IPS & IFS, the share of these categories were: SCs -334 (7.65%) STs- 166 (3.8%) & OBCs-695 (20.23%) were given a share of 334, 166 and 695 respectively. (Courtesy: The Telegraph dated 28.3.2023). The UPSC has mischievously and unconscientiously diverted posts of 320 (SC) 161(ST) & 483 (OBC) to the General/Unreserved category. Is not the Supreme Court aware of this sort of deliberate and unconstitutional bounties appropriated from SC/ST/OBC and given to the upper castes?
- Since 1950 UPSC has been conspiratorially awarding less marks in the Interview to the SC/ST candidates despite the latter’s high marks obtained in the Written Examinations when compared to OBC and Unreserved (General) candidates in order to ensure that the SC/ST do not gain adequate entry into IAS, IPS & IFS and do not reach topmost level in each service? It is an ongoing conspiracy based on caste discrimination. Is the Supreme Court aware of this conspiracy? Can it direct the Centre and UPSC to furnish the data since 1950 and issue appropriate directives for remedial action and ensure monitoring because the Executive will easily dodge even the Supreme Court of India?
- Is it fair on the part of UPSC not to give service-wise reservation but grouped-reservation?
- “A few members may have gone to cities or even abroad but when they return, they too, barring a few exceptions go into the same fold again. It does not matter if he has earned money. His identity is not changed for the purpose of marriage, death and all other social functions. It is his social class that is still relevant.”– Nine-judge bench of SC in Indra Sawhney vs UOI (Mandal judgment) (page 770)- Will the Judges keep this in mind while deciding the case? Or will they ignore this like the Nagaraj bench which has ignored many valid points and put three riders out of which one rider was removed in Jarnail Singh case leaving the two as permanent obstacles?
- “They are not only backward but backward most.” (SC in Indra Sawhney case). Economic development is alone not the criteria as long as social stigma continues to haunt the SCs & STs irrespective of the position. It is surprising that the SC seems to ignore this fundamental point.
- Since 1950 how many CMDs and EDs from SC/ST categories have been appointed?
- Since 1950 how many Chief Justices and Judges from SCs have been appointed to the Supreme Court?
- Since 1950 how many Chief Justices from SC/ST have been appointed to various High Courts?
- Why not an ST judge has ever been appointed to the Supreme Court? If a ready-made answer is available that no suitable legal practitioner is available, then whose fault is it? Is it the fault of the STs or the fault of the system and governance of the country?
- Out of the total 574 SC/HC judges appointed since 2018, 81% has gone to General/UR, 12% to OBCs, 3% to SCs, 2% to STs & 3% to Minorities. (Source: Reply of Law Minister Kiren Rijiju to Question No.4033 in the Lok Sabha on 24.03.2023) Is the Supreme Court comfortable with the abysmal representation of these classes? Similar is the poor representation of women judges.
- Ayodhya judgment was delivered not on the basis of title suit-ownership/possession but simply based on the so called faith which was fabricated after 1950. Had the judgment been delivered by the bench headed by and comprising of a few SC/ST judges, what would have been the reactions and condemnations of the media and perverted intellectuals against such SC Judges? Of course, the BJP would have celebrated this, no matter who are in the bench!
- So many such illegal judgments have been delivered by the local court to Supreme Court. Do the Judges attract any social stigma on account of these judgments? Either nobody dares to do or “Blood-is-thicker-than-water-attitude” prevents them from exposing.
- Since 1950 why could no one from SC/ST category become the Prime Minister of India while Charan Singh with 64 MPs (against 205 MPs of Jagjivan Ram’s on the side of Jagjivan Ram as on Augut 20, 1979 after Charan Singh’s resignation- Neelam Sanjiva Reddy revenged Jagjivan Ram due to his opposition to Reddy’s candidature for Presidency a decade ago), H.D.Deve Gowda with 46 MPs of Janata Dal, Chandrashekar with 60 MPs and I.K.Gujral of Janata Dal with same 46 MPs with the backing of CPI(M) under the name United Front with other parties could become Prime Ministers? Can anyone guarantee the Prime Ministership for an SC/ST anytime in the coming decades?
- Jagjivan Ram lamented: “Iss kambakht mulk mein chamar kabhie prime minister nahin ho sakta hai.” (In this wretched country a cobbler can never become the prime minister) {India Today- Sept.15, 1979}. I will modify it: “In this wretched country an SC can ever become the prime minister?” Even if one becomes by chance, his legs will be pulled down sooner than later.
- Why was Mr.Ram Nath Kovind denied entry by the sanatanic priests into the Puri Jagannath Temple on 18.3.2018 and why the Prime Minister of India Modi and Home Minister Amit Shah were keeping silent without condemning the casteist approach of the priests and why no criminal case was filed by the police? Why was the President abandoned like an orphan by the ruling party? Why was he not invited for Bhoomipoojan of Ayodhya Temple despite the fact that he was not only a staunch Hindu but has also got his roots from ABVP (Akhil Bharatiya Vidya Parishad) and BJP? Why was he not invited for inauguration of the new Parliament? Having been the President, can he contest from a General Constituency and win to become the President or Prime Minister? It was not just an insult to him but to the whole nation. Why didn’t the SC invoke its inherent power to suo motu order the probe and for initiation of criminal action against the servitors of the temple?
- First of all, why did Mr.Modi being the Prime Minister of India indulge in all these unsecular acts against the Constitution?
- Why was the present President Droupadi Murmu not invited for inauguration of the new Parliament? Was it not due to the fact that she belongs to ST and is a widow? She was neither invited for the Ram Mandir inauguration although, the Prime Minister should not have led and attended this event to maintain the purity of secularism. What is the ready-made answer Modi or anybody is having for all these questions? Can she be made the Prime Minister of India (even with remote control!) like the USA has produced the first black American President Barrack Obama?
- Since 1950 how many Chief Justices and Judges from SCs have been appointed to the Supreme Court? (As on date only 7 including one CJI)
- Why not a single judge from ST has ever been appointed to the Supreme Court? If a ready-made answer is available that no suitable legal practitioner is available, then whose fault is it? Is it the fault of the STs or the fault of the system?
- Why are the coveted portfolios not given to the Ministers belonging to SC/ST with exception of a few Ministers?
- In Odisha, not a single judge from ST has been appointed even in the subordinate judiciary till date despite their population being 22.84 % as per 2011 Census. Can the Supreme Court answer why this apathy under its domain?
- How come the children and grandchildren of Judges of upper caste alone corner more appointments and elevations to the High Courts and Supreme Court (around 80%) than the other segment of the society?
- Executive takes shelter under ‘Suitability’ while the Judiciary takes shelter under ‘merit and efficiency’. When meritorious candidates are available from the elite group of SC/ST, they are suggested by the Supreme Court to be removed from the SC/ST list. If it happens, the Executive can conveniently escape stating that ‘suitable’ candidates are not available and pass on the unfilled vacancies to the general/unreserved category. Is the Supreme Court aware of this? Is it the one what the SC wants?
- “Obiter Dicta” (that which is said in passing): i) Why did the SC in Mandal Case poked its nose when there was no reference from the Government about SC/ST Reservation? ii) Why did the SC in Nagaraj case made an ‘obiter dicta’ on the income criteria for availing reservation by the SCs & STs? iii) Attorney General Milon K Banerje clarified after the judgment that it was not a part of judgment but an ‘obiter dicta’ – a passing remark. iv) Then, how come the SC in Jarnail Singh case took this ‘obiter dicta’ to confirm as a part of their judgment? Is it not like a slow poison injected ultimately to kill the SCs and STs in the sphere of education and employment?
- When the SC, ST & OBC could not get employment on account of failure to score minimum marks and they were declared unqualified and hence unsuitable, how come the EWS candidates who have failed in various written examinations were selected and appointed? How could this double-standard be justified?
- In Mukesh Kumar Vs State of Uttarakhand dated 07.02.2020, the Supreme Court has held that Reservation is not a Fundamental Right. When the Reservation Articles are enumerated under Part III of the Constitution covering Fundamental Rights, how could the judges make such an interpretation against the Constitution on which they have taken oath?
- The Judiciary has held that it can’t direct the States for implementing the Reservation policy as it is only an enabling provision under Article 16 (4) & 16 (4A). If so, will it keep quiet if this enabling provision be disabled by the anti-reservationists in the States and the Executive? Then, what is purpose of these provisions?
- In India, a minority has been monopolizing the educational and employment opportunities leaving the majority of 80 to 90% high and dry. The adequate representation of the SCs, STs and OBCs and Minorities in every sphere of life is a boost for nation’s development. Let not their presence in high positions bring any benefit to the communities but as observed in the Mandal Commission Report, “…Even when no tangible benefits flow to the community at large, the feeling that now it has its “own man” in the corridors of power acts as its morale booster.”
- Abolition of Manual scavenging Act passed on 5th June, 1993 and its fate: Why is the manual scavenging still allowed to continue? Why no special efforts have been made to mechanize the scavenging? When Alwar District in Rajasthan could achieve this distinction, why not other parts of the country? Why no special benefits such as free education for their children in any educational institution, free insurance coverage for those who lose their life in such a hazardous jobs, a lumpsum ex-gratia of Rs.50 lac or 1 crore to those who lost their lives including the past ones, salary on a permanent basis, life-saving kits during their hazardous work till the mechanization is completed are not thought of by the Governments. Is it kept alive for exploiting this section of SCs and divide them from the united SC population? Is the Centre serious about abolition of manual scavenging to save Arunthathiyars of Tamil Nadu, Madigas of Andhra Pradesh & Telengana, Valmikis of Punjab Chamars of a few northern States and similarly placed disadvantaged people? , One more question is there: Why not other castes are engaged in this job? Is it not because it is an obnoxious and dangerous job- leading to death and rebirth everyday?
- On OBC (BC/MBC) sub-categorization? Can such sub-categorization / fragmentation among the OBCs (Centre) and BCs and MBCs in various States be initiated by the Centre?
- ON EWS Reservation: When the Executive was to implement Reservation of 27% to the OBCs, the Supreme Court granted stay immediately, although later it allowed its implementation with a rider of creamy layer. Then, why did the Supreme Court flooded with a number of petitions against EWS Reservation Act passed by the majoritarian Government overnight (in Lok Sabha on 8.1.2019 & in Rajya Sabha on 9.1.2019 and President’s assent on 12th January, 2019) and implemented with lightning speed, did not grant similar stay despite the fact that its ‘lakshman rekha’ of 50% ceiling repeatedly emphasized 57 times was violated with utter regard by the Centre? Would it be alright, if the Executive’s hasty decision trampling upon the Supreme Court’s rulings on 57 occasions were for the benefit of the so called upper castes with 10% reservation?
- EWS Sub-categorization?: In the EWS reservation too, the major beneficiaries are Brahmins, not other castes like Rajputs, Bhumihars, Marwaris, Reddis or Reddiars, etc. The data since EWS Reservation implementation will spell out the truth. Will the Government go for sub-categorization in the EWS Reservation too?
- On 11.11.2023, Prime Minister Modi attended the big meeting organized by Mr.Manda Krishna Madiga in Telengana giving assurance to Madigas that he would ensure sub-categorisation. The timing of the hearing of the case by the Supreme Court prior to the Parliamentary elections and the Centre’s submission in favour of sub-categorization raises eyebrows among the SCs across the country. Why the Prime Minister has not ensured abolition of Manual scavenging during the last about 10 years of his rule with announcement of various schemes (please see the suggestions – as above) to these people, if at all he has got true love and affection towards these people? What a fantastic hug he has given to Mr.Manda Krishna Madiga in the dais to allure these people for political gain!
- In India, a minority has been monopolizing the educational and employment opportunities leaving the majority of 80 to 90% high and dry. The adequate representation of the SCs, STs and OBCs and Minorities in every sphere of life is a boost for nation’s development. Let not their presence in high positions bring any benefit to the communities but as observed in the Mandal Commission Report, “…Even when no tangible benefits flow to the community at large, the feeling that now it has its “own man” in the corridors of power acts as its morale booster.”
“While conferring benefits on the most backward, you cannot exclude others. This will become a dangerous trend of appeasement. Some state governments will pick out a few castes while others will pick another set of castes. The idea is not for popular politics to play out in this. We will have to tailor it by laying down the criteria.” – this wise observation of the bench is the lone consolation in the midst of the comments/ remarks during the hearings. Only the final judgment will spell out the ultimate truth. The SC should not let down the population of around 35 crore suppressed, oppressed, repressed, helpless and hapless SCs and STs in an undesirable manner as could be seen above. Supreme Court is the LAST hope of every citizen and let it not become the LOST hope!
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A.JAISON, M.A., B.L., is a Writer, Ambedkarite, Social Activist; General Secretary of Dr.Babasaheb Ambedkar Rationalist Youth Movement & Buddha Dhamma Sangam
&
Member, Social Justice Monitoring Committee, Government of Tamil Nadu.
Mob: 94430 99600 Email: jaibhim3@yahoo.com
14 February, 2024