SR Ladhaar
Due to Lok Sabha elections INDIA bloc and AAP are building up a false narrative that Constitution of India will be changed and reservations will be done away with if BJP comes to power. In this context reservations in Punjab needs to be discussed in the right perspective for understanding the issue.
Five Judges bench of Supreme Court of India on 27-08-2020 while giving a decision on the issue of reservation within reservation have started a much desired new debate on the question of creamy layer among the scheduled castes. Even among the most educated people in India , while discussing about reservation issue they would be seen endorsing the view point of courts that those who have availed reservation once should be excluded from further benefits under the policy.
Before expressing my views on this issue I want to quote here the chief architect of the Constitution of India Dr B R Ambedkar who was a great lawyer himself , “I have often in the course of my practice told the presiding judge in very emphatic terms that I am bound to obey his judgement but I am not bound to respect it. That is the liberty that every lawyer enjoys in telling the judge that his judgement is wrong and I am not prepared to give up that liberty.”
Now the question of reservation within the reservation. Did ever Parliament addressed this question ? Is there any reservation within reservation at Government of India level ? The answer is No. Is there any political reservation within reservation at Centre or State level among M.P s and M L A s ? The answer is again no . Is there any word like creamy layer in constitution of India ? The answer is No. Is the reservation an poverty alleviation program ? The answer is No. In constitution of India, it is written about reservation that legislature would pass a law to make adequate representation to socially and educationally backward classes including scheduled castes and scheduled tribes who are not adequately represented. It is a system of affirmative action . It provides representation for historically disadvantaged groups of Indian society in education, employment and politics.
The intention of reservation is to provide opportunity of equality to disadvantaged sections of the society. Now see the intentions of Government of Punjab. As per Census 2011, scheduled castes in Punjab amount to 31.96 % of the population. But reservation for scheduled caste people is 25% in all the services. In promotions as per Act passed by Punjab Govt. in 2006, it is 14% for class II and class I jobs , 20% in class IV and class III jobs . The same Act 2006 provide for 50% quota for Balmiki/Mazbis castes among scheduled castes . No doubt this section of our society in the entire India is most backward in education and on social ladder including economic backwardness. Special efforts are needed for their upliftment to bring them up in every sphere. There are no two opinions about it. But is the Government sincere to create a quota within the quota or it has some ulterior motive behind it ? If the intentions of Government are pure then why 50% reserved seats for MLA/MPs were never allotted to this category ? Why there is not even a single berth the Cabinet of Punjab for this most deprived section of the society ? Why the 85th amendment of Constitution of India is not implemented by Punjab Government.
Ten percent quota for Economically weaker sections have been implemented by the Punjab Government but the same Government is refusing to implement Mandal Commission report and grant 27% reservations to OBC( down trodden and backward ) people in the state . There is clear cut demarcation of powers and duties for every pillar of governance. The law making body is Parliament and State Vidhan Sabha. The function of courts is to interpret the law and not to make the law. Unfortunately, the courts are loosing their credibility in the eyes of public . There can not be a bigger misfortune for the nation than to see the judges holding press conferences that the democracy of India is in danger. A top lawyer of the apex court is fined rupee one on 31/08/2020 for contempt of court, tweeting that more than half of chief justices of of India during last few years were corrupt. But a misfortune for India as a nation and as a country.
Now coming to reservation within reservation the question is very simple. The second generation of educated scheduled castes especially those in services have started challenging the so called high caste competitors in all the categories of services. Ms Tina Dabbi type girls from scheduled caste category have started topping the civil services examinations. This trend is going on in institutions like IITs and AIIMSs etc. The second generation reserved category people are proving their mettle and challenging the so called high castes proving the very concept and vision of founding fathers of Constitution. Thus few of the so called high caste politicians and judicial officers are finding it difficult to digest it. So they are finding ways and means to stop and restrict their entry into the higher echelons of power. In the garb of benevolence and sympathy with our Balmeeki/Mazbi brothers a wedge is being created among the scheduled caste people so that the adequate number of people from scheduled caste category do not come forward to fill up their quota. Otherwise it was prudent on the part of Government to pass a law that in case adequate number of Balmiki/Mazbis are not available the vacant posts will be filled up from remaining eligible scheduled caste candidates.
Almost 35% population of Punjab is belonging to SC category and their share in land is only 3.2%. They do not have industry or business to bank upon for employment. The only avenue left for them is to go to Gulf countries or do menial jobs as seeries (farm laborer) with land lord. The Punjab Government seems not to be sincere at all to solve the issues being faced by scheduled caste people of the state and courts are playing its own part to prolong the justice. Does any body needed to be reminded ‘ Justice delayed is Justice denied’.
The half baked Act of 2006 regarding reservation passed by Punjab Government have become a football in courts and State Government which suits many who are responsible for non implementation of constitution of India after taking oath of Constitution while assuming office to do justice with their duties. I am again reminded of Dr B R Ambedkar who said that however good the Constitution may be it will prove to be bad if the people implementing it would be of low caliber and how bad it may be, it will prove to be a good Constitution if the people implementing it will be of high caliber. Unfortunately we have failed our founding fathers and have not proved to be worthy sons of worthy parents.
(Author is a retired officer of the Indian administrative service who served in Punjab)
srladhar@yahoo.com
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