oppn parties Has The Time Come To Revise The 50 Percent Cap On Reservations?

News Snippets

  • NCLT initiates bankruptcy proceedings against former Videocon chairman Venugopal Dhoot for defaulting on loans of Rs 6158cr as personal guarantor in two group companies
  • LIC approves 1:1 bonus share issue
  • Gold and silver futures also go down by 0.7% and 2.2% respectively
  • Stocks tumbled again on Monday as crude prices rose: Sensex went down by 703 points and Nifty by 207 points
  • Supreme Court refuses to cancel the land-for-jobs FIR against Lalu Prasad
  • The spectre of El Nino haunts India: IMD predicts 'below normal ' monsoon this year
  • Labour protest over increase in wages by 35% (as per Haryana example) turns violent in Noida, nearly 200 were detained by the police
  • Congress leader Sonia Gandhi said that the delimitation exercise must be carried out after the Census is complete
  • PM Modi says Parliament is on the verge of creating history as the Houses get ready to take up the women's reservation bills
  • Tata Sons chairman N Chandrasekaran said that TCS COO Aarthi Subramanian is conducting a thorough inquiry to establish facts and identify individuals involved in the sexual harassment allegations at the company's Nashik office
  • Asha Bhonsle laid to rest with full state honours on Monday in Mumbai
  • AAP leader Arvind Kejriwal once again approached the Delhi HC to request the recusal of a judge from his case
  • Candidates Chess: R Vaishali on the verge of creating history, but needs two wins - one with black pieces - against formidable opponents to emerge as the challenger
  • Rohit Sharma, who retired hurt in the match versus RCB, underwent scans for possible hamstring injury
  • IPL: Abhishek Sharma fails for SRH but Ishan Kishan (91) shines. Then, Vaibhav Sooryavanshi fails for RR and SRH bolwers, especially unheralded Praful Hinge (4 for 24) and Sakib Hussain (4 for 24) win it for SRH. This was the first loss for table-toppers RR
Supreme Court questions Election Commission about SIR SOP and why logical discrepancy was introduced only in Bengal
oppn parties
Has The Time Come To Revise The 50 Percent Cap On Reservations?

By Sunil Garodia
First publised on 2021-03-10 06:51:15

About the Author

Sunil Garodia Editor-in-Chief of indiacommentary.com. Current Affairs analyst and political commentator. Author of Cyber Scams in India, Digital Arrest, The Money Trap and The Human Hack

Reservation, as in affirmative action to provide succor to communities that were historically discriminated against or otherwise deprived of their rightful claim to the benefits of various government schemes, was capped at 50% by a 9-judge constitutional bench in the Indira Shawney case in 1992. Now, the Supreme Court has decided to revisit that judgment in the light of various constitutional amendments and changed social dynamics in these 29 years. Although it is expected that laws will evolve with time and become better though either legislative or judicial intervention, reservation is a tricky matter and anything related to it must be taken up only if it is absolutely necessary and unavoidable and  that too with extreme caution. The 50% cap on reservations considers both the need for affirmative action and the need for merit and equal opportunity. It must not be tampered with only to satisfy the egos of politicians and their machinations to acquire vote banks.

In reservation matters, three main things need to be kept in mind. First, the need for reservation must be viewed in relative terms and not on absolute terms, as has now become the trend. Viewed on relative terms, neither the Marathas nor the Patels nor the Jats need reservation. But the vote-bank politics in India often finds new constituencies and newer ways to provide the ‘benefits’ of reservation to them. On absolute terms many sub-categories in almost all communities will qualify for reservation. That, in effect, will make reservation meaningless.

Second, even if reservation has to be provided to certain categories, it has to be ensured that the benefits accrue to the broad section and not only to a privileged few. For, despite the restriction of creamy layer, it is often seen that the present reservation setup works in the favour of a privileged minority among the beneficiaries. If the benefits do not accrue to the most deprived sections, the exercise becomes meaningless as it does not empower the poor and the deprived but benefits those who do not actually need it. There has to be a mechanism other than the creamy layer to address this issue.

Finally, merit and equal opportunity cannot be fully sacrificed at the altar of affirmative action. For this, the underprivileged must be provided opportunities for bringing themselves up by providing them good and free education from the primary level. Handouts work positively only to a certain extent, it is the confidence acquired through knowledge that works in the long run. Politicians should work to make the underprivileged classes competent enough to compete with the best and secure seats in universities and jobs on merit. It will take time and reservation will have to exist till then, but it is achievable if the political will is there. But if politicians keep pandering to new reservation demands and do not work to improve education levels for the underprivileged, reservation will continue ad infinitum and merit and equal opportunity will continue to suffer.

The 50% cap on reservations considers both the need for affirmative action and the need for merit and equal opportunity. It must not be tampered with only to satisfy the egos of politicians and their machinations to acquire vote banks. The exceptional circumstances, under which the cap can be breached, as prescribed in the Indira Shawney judgment, must truly be exceptional and not contrived. The larger Supreme Court bench that will examine the said judgment and decide whether there is a need to revise the cap must think of these issues along with the need to decide whether the said judgment and other articles in the Constitution impinge upon the rights of the states to enact legislations providing reservation beyond the prescribed limit.