Reservation for Open General Category people on Economic grounds - A Feather in Mr. Modi’s cap or an Albatross around his neck?

1.  At the outset, the Reservation for Open General Category people on Economic grounds - A Feat Narendra Modi government deserve congratulations for having ensured the passing of the 124^th Constitutional Amendment Bill in the Lok Sabha on the first day; ratification by Rajya Sabha the next day and Presidential assent within the weekend. This is unusual in Indian legislative history. Now laws are made by the Parliament at a very brisk pace. It is also noticeable for another reason, namely the total unanimity between the BJP, Congress, CPI-M, Aam aadmi Party, BSP etc. On this issue except for ShivSena, no other party in the past has openly advocated the abolition of reservation in favour of the Scheduled Caste, Scheduled Tribes, Other Backward and Most Backward Classes. Interestingly, in Tamil Nadu, both AIADMK and DMK had opposed the 124^th Constitutional Amendment. True, the opposition by the AIADMK is only half-hearted for they walked out during voting, unlike the DMK. It is yet to be seen whether the Tamil Nadu Legislative Assembly will ratify the 124^th Constitutional Amendment.

2.  It is indeed very difficult for an average Indian to be objective and fair about the issue of Reservation. This is because they are either the victims or beneficiaries. Victims complain against reservation on the ground that it prevents a meritocracy and that it has been enforced for more than 100 years now. They question if it Can be perpetual? On the other hand, beneficiaries argue that, in the traditional Indian society, people belonging to Scheduled Caste, Scheduled Tribes and other OBC’s were denied meaningful educational opportunities and that they virtually had no role in the system of Indian governance. They will argue that oppressive acts were perpetuated against the beneficiaries by the so-called present-day victims for about 20 centuries and a mere 100 years of reservation is not sufficient for creating a level playing field for all sections of society.

3.  AN INDEPENDENT THIRD PARTY’S RESEARCH FINDING -

Anyone who wants to have a neutral and objective opinion of the Indian Reservation system should read ‘Competing Equalities’ by Professor Mark Galanter’s, an American jurist. He is neither a victim nor a beneficiary of the Indian system of Reservation. Professor Mark Galanter in his Magnum Opus, Competing Equalities, concluded that reservation in education and public employment has brought about substantial redistribution of opportunities to Scheduled Caste, Scheduled Tribes and OBC at enormous social costs. He further opines that in today’s Indian democracy, past injustices have become a tool of aggrandizement in the hands of numerically large, politically active, economically empowered intermediate dominant caste groups. If there is any one group which substantially benefitted from a system of reservation, it is the backward classes. True, the position of Scheduled Caste in India has become better if you take the starting point as 1950. But they will complain that the Reservations have not been so beneficial to them as it is for OBC. Scheduled Tribes have not benefitted much from the system because they didn’t have essential prerequisites for availing benefits under the system of Reservation. A Good number of them gravitated to left-wing extremism. The Indian Home Ministry will vouch that the Indian tribal areas today represent the most fertile grounds for the growth of Naxalism.

4.       ACTUAL AND POTENTIAL IMPACT-

It is in this scenario that one has to consider the 10% reservation in education and employment facilities administered by the Union of India for Open General Category (OGC)people, that too only for those who do not have homestead of 1000Sq.ft or more/landholding of 4 acres and/or more whose Annual income is less than 8 lakh rupees. Prior to its implementation, the Central Government has increased the number of seats in educational institutions so that the existing group of aspirants for educational opportunities will not suffer a major handicap. They have also made it very clear that this quota will be only in Union government-run educational institutions and it is for each state to decide whether or not they will implement the 124^th Constitutional Amendment act.

5.  There are two aspects of the implementation. First, it will provide Reservation for Open General Category in the colleges, and in professional education. Second, it will apply to Government employment opportunities. Union Government is no more the major employer as it was. So, its impact is more likely felt in the sphere of educational opportunities, that too only in the facilities run by the Union of India, which off rate is increasing. Thus, this amendment cannot be faulted on the ground that it affects the federal structure of the Indian constitution.

6.       LESSONS FROM THE PAST.

Surely, the Modi government is not the first elected government to advocate reservation for the Open General Category based on economic criteria. Earlier the P.V Narsimha Rao government tried it at the national level. Mr. M.G. Ramachandran experimented it in Tamil Nadu. Late MGR abandoned this policy due to his electoral defeats. Any discussions on Reservations cannot forget four important milestones namely, a) Champakam Dorairajan’s Case (State of Madras v. Champakam Dorairajan (AIR 1951 SC 226) b) Kaka Kalelkar Commission Report (1954), c) Mandal Commission Report. Implementation of Mandal Commission was duly challenged in the Supreme Court. d)In the Indira Sawhney case (Indira Sawhney & Ors v. Union of India. (AIR 1993 SC 477), the Supreme Court of India held that the constitution provides reservation in education and public employment only on the grounds of Social and Educational Backwardness. The makers of the Indian constitution, though aware of the incidence of poverty in the India, did not provide for reservation on the grounds of economic backwardness. In fact, they emphatically rejected it. So, in the absence of appropriate constitutional amendments, it will not be legal and constitutional for the Union of India to provide for reservation on the grounds of poverty. It is interesting to note that, by way of obiter dicta, the Supreme Court points out that originally the founding fathers of the constitution held out reservation as a temporary measure. They fondly believed that reservation for Scheduled Caste, Scheduled Tribes, and OBC will substantially empower these groups. Over a period of time, these groups will reach a level, where the social and educational backwardness of their forefathers will not be a serious disability for them in achieving their full potential. The Supreme Court further went on to add that the need of the hour is to identify those communities who have become truly empowered and hence they are at par with Open General Category people. In the last 50 years, some communities took advantage of the Reservation policy and now that they are truly empowered, they are not any more entitled to the benefits of reservation on the grounds of educational and social backwardness. The demographic ratio of the enlarged group should be added to Open General Category quota.

7.       HAS THE MODI GOVERNMENT HAS DONE THE RIGHT THING?

Reaction to the 124^th Constitutional Amendment Act was on predictable lines. The Congress, the BJP, and the CPM also depend on the Upper Caste vote bank. The BSP today does not look at Open General Category people as Oppressors. They have more problems with Intermediate Castes. Hence, they support the Amendment. Regional parties, which are the major beneficiaries of the backward class reservation have naturally opposed this. They depend on empowered backward classes as their primary vote bank and hence have opposed this. Even those people who conditionally support this oppose it on the nitty-gritties. They urge that the bottom end of the monetary ceiling is too high and that it must be reduced to between 4 and 5 lakhs. Many others question the timing- Six-months before the impending Lok Sabha election, before the code of conduct of election will begin to operate. The BJP has made this Constitutional Amendment act as yet another political gamble. Political pandits assume that 4 lakh NOTA votes in the MP elections is indicative of the dissatisfaction of the Open General Category voters (Upper Caste) with the BJP. They lost the right to form the government by a very narrow margin. So, the BJP wants to appease this group. Hence, the 124^th constitutional amendment act. Being shrewd political parties, both the Congress and CPI-M are unlikely to be naive on this point.

8.  It will be interesting to note that only educational institutions and commercial organizations that are controlled by the Union government will implement the 10% reservation. Whether or not such benefits will be available in state government administered institutions will be left to the choice and discretion of the states concerned. But since more than 50% of states are ruled by the BJP, it is likely that they will follow the national model sooner or later. Uttar Pradesh and Bihar have already announced that they would implement it from this year onwards. It will be interesting to see how the Congress and CPI-M ruled states will proceed to implement this Amendment in States under their political control. I wouldn’t be surprised if these parties take different views in different states.

9.       REACTION TO THE 124TH CONSTITUTIONAL AMENDMENT ACT FROM THE TAMIL POLITICAL CLASS -

The view expressed in the preceding pages indicates the national scenario. Henceforth, my views will be restricted to the state of Tamil Nadu. DMK voted against the Amendment Act. The AIADMK opposed it verbally in the Parliament, but it did not vote against it. The opposing reaction of the two Marxist parties in Tamil Nadu is of no political relevance. But ideologically, they are current and alive. Kamala Hasan and Prakash Raj, though they are not card-carrying communists, they have clearly indicated that they are left off center politicians. Even the Tamil Desiyam group (Tamil Sovereignty Political Parties) and the Tamil Dalit Movement acknowledge that they draw a lot of inspiration from Marxist ideology. The DMK has filed public interest litigation in the Madras High Court challenging the constitutional validity of Reservation based on economic criteria for Open General Category people. The new Tamil Desiyam political parties have opposed the 124^th Constitutional Amendment tooth and nail. They allege that this will perpetuate the Brahmin dominance in the administration of the Union government. They point out that the Supreme Court has 27 Open General Quota judges (Read Brahmins) and only one Backward class, judge. Because the Supreme Court does not implement the reservation policies in its appointments to the higher judiciary, it will naturally scuttle the letter and spirit of the implementation of reservation on the grounds of social and educational backwardness. These parties do not say anything the about Indian army, navy, and air-force who do not implement reservation. But many central governments, paramilitary forces, and states police had provided for reservation in the appointment. In these organisations, even if there is reservation in the initial appointment, they do not implement reservation for promotion. It has been pointed out that reservation in promotion is also necessary because the Scheduled Caste, Scheduled Tribe and other Backward classes are not sufficiently represented in the higher echelons of government administration. These demands, though, have received governmental concurrence, have been opposed by the Higher Judiciary. In fact, many of these parties want a reservation for a backward class, and Most Backward Classes to continue for an unspecified period in education, employment, and even promotions. This is because these parties depend on numerically large, politically active, economically empowered backward communities as their important vote bank. They are indifferent to the actual social reality that Scheduled Castes and Scheduled Tribes’ political representatives describe the intermediate caste groups as Aathikka sadhis (oppressing castes). In Tamilnadu, the Open General Category, probably constitutes less than 4% of the population: that includes Brahmins, Jains, Reddiyars, upper caste migrants from other states, Christians, landowning business communities such as Naidus, saiva, pillais (vegetarian Mudaliars) and a group of Chettiars.  

10.   READERS BEWARE!

Personal prejudices of the researcher should be disclosed.  This will enable Readers to make their own conclusions on the possible conflicts of interests of the author. I must state that today I am an Indian Tamil domiciled at Bangalore. My kids believe that they are Bangalore Indians and they live abroad. I still have professional and personal interests in Tamil Nadu. During my long life, I have had the privilege of decades-long friendships with persons from all communities and all religions. I was born in a landowning Brahmin family and lived the first Eighteen years in an Agraharam (Brahmin locality). By stating this, I regretfully admit that untouchability was practiced in the environment I grew up. I sincerely record my apology and will try and appropriate amends. This blog is my first attempt. Later, I lived in Pondicherry for three years to pursue my legal education. It is in Puducherry I was exposed to the ideals of equality and fraternity. Then, I left for Chennai to pursue my post-graduate legal education. I lived there for 5 years. Thereafter, I was in New Delhi for a little longer than a year before making Bangalore my permanent home. During my college days, I noticed that some of my high scoring cousins, despite their good marks, were not getting seats for MBBS & BDS. Some of my cousins managed admissions in prestigious engineering colleges and in Tamil Nadu government medical colleges notwithstanding the operation of reservation. Very few took up government services and those who took up grew up fairly well in their disciplines.   Many believe that they also suffered denials. Some of them migrated to Singapore and the USA. They sincerely believed that they are migrating to countries where they will not be discriminated against.

11.     My interactions with life over the last sixty years made me realize that Hinduism came to India along with the Aryans about 2000 plus years ago. At that point of time and a span of time thereafter, that is between the first century and 7^th century, there were two dominant religions in India, namely Buddhism and Jainism besides innumerable local beliefs and culture. Indian Historians will admit that there is not much of literary, archeological or linguistic evidence to understand the way of life of average Indians (as we understand them today) during this period. Tamil literature describes this period as Kalathirar Kaalam (The era of Kalathirar). In South India, particularly in the Tamil speaking regions, there was another religion known as Asivagam. All these three religions are non-Godly atheist religions. It is the Aryan Hindu faith that brought with it the concept of God and Caste.  (The two dominant Hindu gods, namely Rama and Krishna were humans who lived with us. People perceived them to be exceptionally good, so they made humans into Gods). Between the 1^st and 7^th century, Hinduism pursued a ruthless war against these three religions. The Buddhists migrated to SriLanka, Indochina, Japan, China, and even Korea. None of these countries have a caste system comparable to India. Jains, though considered as part of Hinduism today, have been reduced to a minuscule minority. Aasivagam has become an extinct religion, Caste and God, though may have been a necessity during the earlier part of the human social revolution, the caste system carried with it inherent and inequitable inequalities. It continued for at least 1200 years. Because of the discrimination based on avocations, substantial parts of the population were oppressed and educational and other growth opportunities were denied to them. This prevented them from realizing their full potential as humans. All over the world, countries have devised some form of Affirmative Action or Protective Discrimination to mitigate the evil of inevitable inequalities in human life. Therefore, it is just and reasonable that Reservations should continue for those human groups till they attain the semblance of equality of status in relation to the people belonging to the Open General Category. Having said that, one should not be blind to the fact that reservation has been in existence for over a century in South India- (Since the Minto Morley Reforms). As Mark Galanter concludes, Reservation has brought about substantial redistribution of educational and employment opportunities. Consequently, many of these so-called socially backward communities have used the system of reservation well and it will be fair to say that these communities are as good as the people of Open General Category communities in terms of education, employment, wealth and political power. The need of the hour is to identify such communities and remove them from the category of backward and, correspondingly, reduce the quota these communities enjoy.  These reduced quotas should be added to the Open General Category.

12.   LET US OPEN A PANDORA’S BOX.!!!

In Tamil Nadu, there are three communities that are best candidates to be added to the Open General Category quota. The first and foremost is the “NADAR” community. This community, because of their earlier dependence on palm and coconut centred economy, suffered social disability till the beginning of the 20^th century. After the entry of Europeans in India, many of them converted to Christianity that played a stellar role in universalising education for all caste groups. The Late Kamaraj, who was Chief Minister in 1960s made the entire Tamil population understand the value of education hailed from this community.  This community has produced well-known doctors, lawyers, actors, engineers, scientist, soldiers, police officers, entrepreneurs, national and international bureaucrats. They no longer depend on palm and coconut based economic activity for their existence. In my opinion, in terms of overall accomplishment, these people are not any less to the Open General Category Quota.

13.     Secondly, the Gounder community otherwise known as Kongu Vellalars, have excelled themselves not only in Agriculture but also in Industry. Many of them run today efficient, better managed educational institutions. Nowadays, they are empowered educationally, socially and also economically. In fact, other marginalized groups like Scheduled Caste identify them as an oppressive caste. Furthermore, you find them well-represented in the Tamil Nadu politics bureaucracy and justice administration. This community has also produced accomplished people in all aspects of human life for the last 100 years.

14.     Similarly, the Mukkulathor community comprising three sub-caste groups namely Thevar, Kallar and Agamudayar constitute the single largest backward community in Tamilnadu deserves exclusion from the Backward Communities list. Even at the time of independence, they were not socially and economically backward. Their educational backwardness has come down substantially because of the enlightened reservation policy adopted by the state of Tamil Nadu. To begin with, these three communities must be mentally prepared to give up the benefit of reservation. Excluding everyone from these groups will be harsh on the poor from these communities. It can be prevented by adopting an economic criterion for exclusion from BC. An Income limit of above 10 lakhs a year could be adopted for excluding these groups from the ambit of reservation  

15.     In addition to the above three groups, there other class/groups deserve to be excluded from the list of beneficiaries meant for backward communities. These are Muslims, Fishermen and the Vanniyars. Among these three communities, to treat the Tamil Muslim as backward is the greatest insult to their accomplishments. The Tamil Muslims have been different from Muslims in the rest of India. Islam in South India had converted from all South Indian castes and the desire for self-reliance has made them stand out distinctly in all forms of social life. True, there are poor Muslims who can be treated as economically and educationally backward. They alone should get a reservation. Similarly, fisherman and vanniyars may have suffered substantially under the earlier Brahminical order. But after the DMK came to power, the quest for social justice has resulted in their substantial empowerment. The PMK (Pattali Makkal Katchi) under the leadership of Dr. Ramdas, took the empowerment of Vanniyars to an admirable level. Hence, in the current Tamil scenario, there is no credible reason to declare them as socially and educationally backward community. True, the lowest strata of this group, namely children who do not have graduate parents and hail from poor economic strata should be treated as backward and be given reservation. The same holds good for fisherman as well.

16.     Unfortunately, we still don’t have reliable data to substantiate the above-mentioned facts. The Census taken after independence does not collect caste details. There have been several cases of issue of false caste certificate after receiving illegal gratification. These certificate holders enjoyed educational reservation and employment in government. Many have retired from service. Certificate-based reservation breeds corruption. Reservation based on economic criteria will aggravate the problem of the corruption index. The next census should take details of caste, educational, economic and social levels. Hence, the government should focus on weeding out the names of undeserving beneficiary castes instead of creating new ones.  One more backward caste reservation, this time on grounds of economic criteria is not going to eradicate this problem. If economics is the issue then increased scholarships and making more educational loans available at concessional rates of interest, will provide a more meaningful solution.

17.     So far, the Open General Quota people opposed Reservation on the ground that it will hamper commitment to quality and prevent meritocracy from becoming the norm. The Reservation for Open General on the ground of economic criteria will make this argument hypocritical. Will it be a consolation to an Open General Category quota student with 99% marks to hear that he did not loose his chance of admission to not an OBC student, (cut-off marks are 95%) but to an Open General Quota student with cut-off marks of 98%. These students who got 99%, whose parent earned more than 8 lakhs will equally regret his condition. His point of view can be best described by the Tamil proverb in “Nandavanam Pazz” -kazhutha Meinthal enna? Kuthirai Mainthal enna? (The flower garden is destroyed. Could you be consoled on the ground that it was spoilt only by horses and not donkeys?)

18.         Most of the Open General Category group welcome this amendment. Dravidian parties and Tamil Desiyam people oppose this. For once, I support later. Surely, OBC will not support my reasoning and the measures I suggest, but will my conclusions acceptable. My own people (OGQ) will accuse my blog as an attempt to squander a well-deserved concession to their younger generation. Thus, I will remain an odd human out! But if one is opposed by both these conflicting groups, then surely, he/she must be neutral.

19.         Let us oppose Reservation based on economic criteria. Let us also demand exclusion of those communities who do not anymore suffer social or educational backwardness. We will continue to give other benefits to those deserving people from excluded communities through alternative models of encouragement and bring them up to the level of Open General Quota people. If you have to eradicate the evil incidence of caste, you have to empower the downtrodden communities. But if they are no more downtrodden, then they should not enjoy Reservation only on the ground of caste. If they do, they become neo-Brahmins and all the evil of the caste system will become a permanent feature in Indian society. In conclusion, I agree with the 124^th Constitution Amendment Act in spirit but not in his letters. Economic criteria must be used as criteria for exclusion from the OBC list. But not as criteria for inclusion in the OBC list.

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