More than 65 years after our Constitution was passed, is it not time to do away with reservations based on caste?  Is it not true that all poor people should be given the benefit of reservation in government jobs and educational institutions?

R K Singh, Bulandshahr, UP

RESERVATION for socially, educationally and economically backward castes is a provision in our Constitution.  This has been given wide acceptance because of the long history of social discrimination suffered by those belonging to the Scheduled Castes (earlier known as ‘Untouchables’) and the Scheduled Tribes.  Mention was also made in the Constitution of measures to be taken for the benefit of the Backward Classes also but these were not enacted at the time. In fact, Dr Ambedkar in his letter of resignation from the post of law minister in the central cabinet mentioned that his inability to get legislation passed to the benefit the Backward Classes was such a disappointment for him that this was one of the reasons for his resigning his post.

After the passage of the Constitution, therefore, Article 16(4) empowered the State to enact  reservation according to their percentage of the total population to the Scheduled Castes (15%) and Scheduled Tribes (7.5%) in all state government and central government services like the civil services, public sector undertakings, statutory and semi-government bodies, voluntary agencies under the government or receiving grant-in-aid  with the exception of the judiciary and the armed forces.

In the education sector, under Article 15(4) of the Constitution, the State has reserved seats for SC/ST students in educational institutions: in colleges and universities, including technical, engineering and medical colleges run by the central and state governments and government aided educational institutions. These provisions are supported by a number of financial schemes which include scholarships, special hostels for SC/ST students, concession in fees, grants for books, remedial coaching, etc.

These reservations have been extended regularly every 10 years by parliament and state assemblies because, even today, according to Government surveys and academic studies, the Scheduled Caste and Tribal population remains very backward in the education, social and economic spheres.

In the years after the passage of the Constitution, demands for reservation for members of the Backward Classes/Castes were repeatedly made and several Commissions were set up by the central government to make recommendations on these issues.  The Mandal Commission was the last such Commission and its recommendations were accepted by the VP Singh led Janata Dal government in l989 and since the Supreme Court had placed a limit of 50 percent on reservations,  members of the Backward Classes/Castes/OBCs were given 27 percent reservation in government jobs and educational institutions.  Our Party, while supporting this measure also supported the exclusion of the ‘creamy layer’ from receiving the benefits of this legislation.  Many state governments have accepted this ‘creamy layer’ exclusion.

The cap on reservations placed by the Supreme Court means that people belonging to the general castes and other sections not covered by reservation have access to 50 percent of all government jobs and seats in government educational institutions which is, actually, far in excess of their proportion of the population.

It should also be mentioned that there are other categories of citizens to whom the benefits of reservation have been extended like terrorist victims from Kashmir; single girl child in Punjab; migrant Kashmiri Pandits;  children and grandchildren of Freedom fighters;  physically handicapped persons;  sports persons;  ex-servicemen;  dependants of armed forces personnel killed-in-action; children of government employees and PSU employees in their own schools and even NRIs in some educational institutions.

Recommendations to extend reservations to dalit Christians and Muslims have also been made by the Ranganathan Commission.  Our Party supports this recommendation but it has not been possible to implement it because of the 50 percent cap.

It is true that the children of poor families should also be given the benefit of reservations.  Our Party supports this demand but, once again, the 50 percent cap is a block as far as the realisation of this is concerned. 

Our Party feels strongly that the problem of unemployment and of access to quality and higher education cannot be solved through reservation.  Reservation can only provide some relief and assistance to communities that have suffered social discrimination and deprivation for centuries.  The real solution to the dual crisis of unemployment and denial of quality and higher education lies in a basic change in government policies.