reservations in public employment : the modified mandal scheme

8/2/2019 Reservations in Public Employment : The Modified Mandal Scheme

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in Public EmploymentNauriya

of the spiralling competition over figures, it would help ifattention were given to ensuring that reservations, even if onscale, are (i) actually implemented and (ii)by other collateral socio-economicmeasures.

Iquestion of reservation!) in public

dai scheme by the

for it than the dilemma itby L K Advani and-immediately

BiP could not emphasise

e admitted (hat its devo-

t considerably from the purity ofjic positions to dither on

V P Singh government the BJP

a had been fuelled not merely

position where its acceptance of theied Mandal scheme could reduce the

reduced level of enthusiasm withinte bank" may not be compensated

sufficiently by alternative sectionalthe BJP credit for having

Mandal-related proposals, in the specificsense of having created this dilemma forthe BJP, the 'M-andal card' has prevailedover the 'Hindu card', notwithstandingiheresults of the general elections of May-June 1991.

IIWhile the BJP, whose heart remains

elsewhere, is merely being dragged along,the Congress and the Janata Dal have nottaken a serious and long-term view of theMandal scheme and have therefore notalso addressed themselves to the problemsto which the scheme could give rise, unlesscertain safeguards are built into it nowand some refinements made. The modifi-cations made in the Mandal scheme ofreservations by the Congress governmentare by themselves cosmetic. It is signifi-cant that the party, which had bitterlycriticised the Janata Dal government,should now accept in substance the 'for-mula' sought to be implemented in 1990.It is also remarkable that the Janata Dalshould oppose the changes proposed bythe Congress government in.the 27 percent 'Mandai portion' of the reservations.On the face of it, there is at present hard-ly any substantial difference-between theV P Singh and the Narasimha Rao pro-posals, though it is in the interests of bothparties to emphasise the difference. Thereal differences in the two approachescould emerge later, but for their ownreasons, neither the Congress nor theJanata Dal leaders seem anxious to bringthose issues up at the present juncture.

The 'modification' relating to an addi-tional 10 per cent reservation* for theeconomically backward is not a modifica-tion as such. V P Singh had made asimilar announcement though he did notbring it into force. This takes the overallpercentage of reserved jobs (including the22.5 per cent reservation for ScheduledCastes and Tribes) from 49.5 per cent to59.5 per cent (22.5 + 27 + 10). The 10per cent reservation when originally an-nounced was an uncertain sop offered to

the 'anti-Mandal' agitators, given the dif-ficulty likely to arise in obtaining judicialsanction for any reservation scheme thatcould take the overall reservations inpublic employment to beyond 50 per centin the light of past judicial decisions. Itis possible in this context to understandV P Singh's reluctance actually to bringthe 10 per cent reservation into force oron official record. Had he done so, oneobvious risk from the Janata Dal point ofview was that the Supreme Court, beforewhich petitions had been filed on thedispute, could have cut into the original'Manda! portion' of the reservations inorder to keep the overall level at 50 percent. That is why the 10 per cent reserva-tions when originally announced couldnot have been meant seriously except asa measure that could be introduced afterthe Mandal scheme had received judicialsanction and if the 50 per cent rule couldbe got around.

Now that the Narasimha Rao govern-ment has formally sought to provide forthe additional 10 per cent reservation, theordinary implication would be that hisgovernment is willing to run the risk ofthe Supreme Court taking a positionwhich requires a reduction in the 'Mandalportion'. This result could follow in theevent of the nine-judge bench, to whichthe matter has now been referred, reite-rating the view that reservations in theirtotality may not exceed 50 per cent. Thatis when the real difference in the Congressand the Janata Dal positions on this pointcould emerge, unless the governmentagrees to initiate Constitutional amend-ments on the subject.

The other 'modification' announced bythe Congress government in the V P Singhproposal concerns the introduction ofeconomic criteria within the category erfthe proposed 27 per cent reservations, thatis in the Mandal portion*. Preference wouldbe given within this category to those whoare economically weaker. This is not abasic modification of the V P Singhgovernment's announcement because ifthese places cannot be filled up fromamong the economically weaker of thosewho are otherwise eligible for the 'Man-dal portion', these would become availableto the entire -category of such persons.Such a preference, is apparently so in-nocuous that it could easily have beenintroduced by the V P Singh governmentitself. A preference of this nature incursno legal impediment. Nor does it have anyserious political consequence as thepreference granted would exclude theeconomically better situated candidatesfrom reservation within the 'Mandal por-

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s a prepo nderancee economically weak am ong the eligi-ion should not be ac-ble to the Janata Dal indicates an ap-

be adversely affectedthe modif ication.As most parties seem willing to pass the

urt, it is necessary to examineThe Supreme Court of India is like suchrts elsewhere also a po litically sensitivee sense that its crucial deci-

should emerge around the Narasimhawill not b e able easily to ignore this

Neve rtheless it is difficult to say whichcourt will decide. This is because

go well

which it had scaled down in defer-If the Mandal scheme as modified by

inter alia, (a) a proportionate reduc-

rtion' in which case the latter wouldnot lower than 17(i e, 27 per cent reduced by 10 perEither way, at least a minimum of17 per cent reservation for the b ackward

rt may reasonably be ex-Two distinct attitud es tow ards the

h the hope that the Supreme C ourtcale of the proposed reservations. The

Congress would then not have to takeresponsibility for the reduction and couldclaim that though it had wanted to imple-ment the proposals on the scale original-ly contemplated it was the court whichhad struck i t down.The other attitude within the Congressis represented by those who view theSupreme Co urt proceedings as a mere in-terlude aftej which they would plump fora constitutional amendm ent to enforce theproposals as they are. If the Supreme

Court view is adverse to these proposals,it would simply be overcome through theamendment .I l l

The upsho t is that the major politicalparties have virtually withdrawn from anexamination of the merits of the Mandal-related proposals and the man ner in whichthe shortcomings, if any, can be removed.Instead the entire discussion is impelledby (i) the scheme as originally in troducedin 1990 and (ii) what th e Suprem e C our tmay or may not do and (iii) whether it willbe necessary, desirable or expedient (oovercome by a Constitutional amendmentany decision which the Supreme Courtmay render.

In considering the merits or otherwiseit is useful to com pare the Mand al-relatedproposals with the main features of theKarpuri Thakur formula which was ap-parently not given adequate attention bythe Mandal Commission. The caste-basedreservation for backward classes was plac-ed in the Karpuri T haku r scheme at 20 percent in-all. This was sub-divided into'most backward' and ' less backward' cate-gories which had a reservation share of12 per cent a nd 8 per cent respectively. Inthe event of sufficient eligible candidate sfrom the 'most backward' sub-categorynot being available, jobs in this categorywould also b ecom e available to the. re-maining backward castes and vice versa.To this was added a reservation of 3-4 percent each for women and for economical-ly weaker sections. This is a rough outlineof the scheme so far as reservations forcategories other than Scheduled Castesjnd Tribes is concerned. There were cer-tain other features and various amend-ments and clarifications were also issuedfrom time to time including a family in-come ceiling for eligibility of which wetake no account here.

The Karpuri Thakur scheme, if pro-jected to the na tiona l level, has distinct ad-vantages. It is in balance with the scale ofthe existing central-level reservation forScheduled Castes and Tribes (i e, 15 percent and lV i per cent respectively). If itis accepted that the purpose of the reser-vations is to intervene in the power equ-

tions, it is of critical importance to con-sider this balance, a factor which has beenlargely neglected. The problem cannot bebrushed aside by citing relative populationfigures. While the reservation for thescheduled castes and tribes is in keepingwith its population figures, it docs notfollow that the same should be the casebeyond a point, with the 'other backwardclasses', because as one goes higher on thescale, the need for reservations is pro-gressively lower. The long-term impact onthe relations inter se between the dalitsand the 'other backward castes' andwithin the lat ter have also to beconsidered.

When the reservation initiatives weretaken in Augu st 1990 an d even in theperiod since then, contradictions betweenthe intermediate castes and the dalits havenot been very prominently projected. Butthat does not mean that they have ceasedto exist or cannot surface again. Thesecontradictions find expression and arefounded in the existing land relations. Ifsocial configurations in, say, Bihar havenot changed much in the last 50 years howcan i t be nonchalantly assumed that theconflicts epitomised by the Belchi carnage14 years ago ca n be pap ered over? [It wasArun Sinha who pointed out in January1979 that ou t of 12 'majo r outr ages 'against dali ts during the Janata par ty'sregime in Bihar, eight were cases of ag-gression by the backward castes.]

If the reservation policy is to be seenin terms of power-sharing, the reservationscontemplated should have an inter sebalance which does negate that purpose.This problem is bound to become moreacute, after the reservation p olicy has beenin force for some years. It has to be anti-cipated at the present stage itself. If the

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Econom ic and Political Weekly October 26, 1991 2455


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per cen t, the im pact o f a reser-

s closer to, and in fact some wha t

n addition, the distinction mad e within

helps also to ensure that the do min ant

By introducing economic preferentialwithin the 'Mandai portion' of thevations, the Congress government has

the Karpuri_ Th ak ur schem e ma kesdifferentiation primarily by individual

ur m ethod of differentiation ha s the

al l economic criteria ateperpreferred to ail caste-based criteria, then

red as a m ethod of dif-

It would, however, be illogical to preferecono mic criteria as such a nd to rejectly for that reason the Karpuri T haku rinter se differentiation

r pattern . Since this

is clearly more effective and definite it isper ha ps better JO opt for it than for theNarasimha Rao economic criterion as ame thod of differentiation.This is S Q far as the caste-based or the'Mandai portion' in the various ap-proaches to reservations is concerned. !naddition, the Karpuri Th akur scheme hadprovided for a reservation of 3-4 per centbased on economic backwardness and asimilar figure for women. These addi-tional provisions, though marginal, pro-vided the Karpuri Thakur approach witha more comprehensive conceptual andideological basis than the Janata Dalgovernment was able eo impa rt to iis ownapproach towards reservations.If the reservation provided under theKarpuri Thakur formula for economicbackwardness and for women is combin-ed, it comes lo around 6-7 per ceni. Withthe marginal modification thai women beseparately provided for, perhaps at ah igher p ropor t ion bu t within eachcategory of reservation, ihi.s aspect of the

Karpur i Thakur formula- too can s tandcom parison with the additiona l SO percent reservation based on economicbackwardness mentioned by V P Singhand introduced by Narasimha Rao.The 20 per cent backward caste-basedreservation (with the two-fold infernalsub-division of the most backward andthe less), as in the Karpuri Thakur ap-proach, combined with a 7 per cent reser-vation for economic backwardness (womenbeing internally provided for within eachcategory) would imply a 27 per cent reser-

vation over and above the existingScheduled Ca stes and T ribes reservation.This would maintain a balance with thereservation for Scheduled Castes andTribes and also ensure important ititerna!safeguards, while the backward caste bas-ed reservation would be limited to 20 percent instead of 27 per cent. This formulawould be more beneficial to the sub-category ol 'most backward castes".The Karpuri Thakur scheme has the ad-ditional merit of keeping the aggregatereservations below 50 per cent and thereby

virtually taking the matter out of thehand s of the cou rt. As such, it could formthe basis of a minimum national consen-sus, meeting as it would even with the BJPpreference for overall reservations not ex-ceeding 50 per cent.IV

Any suggestion that the scale of thereservations in the Mandal-related pro-posals be reduced is likely to lead to angryprotestations from the ranks of the Con-gress and the Ja na ta Dal. I> is said tha tthere was a time when the extent of one'acommitment to the eradication of povertywas judged by the proportio n of the

population one alleged to be below thepoverty line. The higher the proportionclaimed, the greater it was assumed wasthe com mitme nt . Something of the samekind appears to have happened to thereservation percentages. At the state level,for example, the m ore bom bastic the reser-vation figure suggested by a particularcommission appointed to s tudy the pro-blem, the more radical i ts recommenda-tions are assumed to be.Just as sections of Indian secularistssometimes believe that it would detractfrom their secularism if they were to focuson the problems of, say, the Hindus whohave had to leave Kashmir, sections of th ereservationists appear to think that theircase requires them not to take note of therelations between the castes for whomthey seek reservations. Just as the secu-larists' omission helps groups like the BJP,the second omission will only strengthenthe hands of those who are intr insicallyopposed to affirmative reservations inemployment .Instead of this spiralling competitionover figures, it would be helpful if someattention were given to ensu ring th at reser-vations, even if on a more modest scale,are (i) actually implemented and (ii) ac-companied by other collateral socio-economic measures, for reservations bythemselves have not done much even inthe south.The reservations for Scheduled Castesand Tribes which have nominally been inforce for several years often remain meretheoretical possibilities because vacancies

are deliberately not notified just longenough o r are inadequately notified so asto enable th e po sts to be de reserved. H ereagain the posts are then released to thegeneral category rather than to otherunder-represented groups like women.Given the fact that the scale of dereser-vation is substantial, the discussion onreservations is often condu cted as th ough ,in Eliot 's phrase, human kind cann ot bearvery much reality.Economic and Pol i t ica l Weekly

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Econom ic and Political Weekly Octobe r 26, 1991

reservations in public employment : the modified mandal scheme

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