Reservation: The prediction of incompetence and The Davinder singh vs the state of punjab case

       

1. Reservation and the Irony of Fundamental Rights

India, now the world's most populous nation, proudly holds its top rank despite not being the largest by area. Along with this achievement, we also lead in other areas: job crises, student suicides, commercialization of education, and unemployment. But could there be a singular underlying cause that the government tactfully avoids acknowledging?

The Constitution of India, in its third chapter, graciously introduces its citizens to fundamental rights. Articles 14, 15, and 16, for instance, promise equality before the law, prohibit discrimination on grounds such as religion, race, caste, sex, or place of birth, and ensure equality of opportunity in public employment. Noble promises, indeed. At least, these rights were once available to all—before a slew of constitutional amendments came along. The First Amendment of 1951 (adding Article 15(4)), the Ninety-third Amendment of 2019 (adding Article 15(5)), the One Hundred and Third Amendment of 2019 (adding Article 15(6)), and others—each chipping away at the ideal of universal equality.

The true irony lies in how these so-called fundamental rights have been skillfully manipulated. On the surface, they appear to serve the principle of equality. But, delve deeper, and you find these rights increasingly reserved for certain castes and classes. In a bid to uplift a few, the welfare of the many is conveniently overlooked.

One cannot help but recall that the original Constitution contained no provisions for reservation. Yet, today, reservations have become an entrenched part of our social fabric, thanks to the foresight (or perhaps shortsightedness) of these aforementioned amendments.

1.2 Article 15(4): The Genesis of Reservation

Article 15(4) speaks of reservations for the advancement of socially and educationally backward classes, as well as Scheduled Castes and Scheduled Tribes. While the article ostensibly advocates equality, it simultaneously empowers the government to enact preferential laws for specific groups. The government, tasked with promoting the welfare of all sections of society, seems to have developed a selective memory—focusing on uplifting one class while neglecting the rest. 

Originally, reservation was a measure designed to heal the wounds of a dark past suffered by certain communities. Yet, instead of moving forward, the government appears determined to recreate history—this time, with a different set of victims.

1.3 Article 15(5): Deserving? That’s Not a Requirement

Clause 5 of Article 15 extends reservations to educational institutions. A wise man once said that to ruin a nation, you need not destroy its weapons or seize its land; simply corrupt its textbooks and dismantle its education system. Ironically, we don’t need foreign enemies to achieve this—we’re doing a stellar job on our own.

How does one justify reservation in education? Consider this: students from the general category, scoring in the 90th percentile, compete for the same seat as students from backward communities scoring in the 50th percentile. One student must toil relentlessly to secure admission to a prestigious college, while another can achieve the same with minimal effort, simply by virtue of belonging to a certain community.

What, precisely, justifies this? Is it not insulting to assume that members of backward communities lack the competence to succeed without reservation? Are we equating social status with intellect? Are we presuming that a child from a particular community is inherently less capable of competing on equal footing with their peers?

Let us examine the cutoff scores from previous years for admission to esteemed institutions like IITs, NLUs, and medical colleges:

JEE Main Cutoff 2024: 

- General category: 93.23

- EWS: 81.32

- OBC: 79.67

- SC: 60.09

- PWD: 0.00018

NEET Cutoff 2024 :

- General category: 720-164

- OBC: 163-129

- SC: 163-129

- ST: 163-129

- EWS-PwD: 163-146

- OBC-PWD: 145-129

- SC-PWD: 145-129

- ST-PWD: 141-129

CLAT Cutoff 2023: 

- General: 75-80

- OBC: 70-75

- SC: 60-65

- ST: 60-65

These figures speak for themselves. What do they tell us? What is the impact of reservation in our educational institutions? Students admitted through reservation often struggle to keep pace, leading to bullying and ostracization. Meanwhile, those who secured the same seats through relentless hard work—how can we expect them to treat their reserved-category peers with equanimity?

Spoon-feeding isn’t the solution, and it’s time we acknowledge that.

1.4 Article 16(4A): The Irony of Equality in Employment

It’s rather amusing how Article 16(4A) preaches equality of opportunity in public employment. The reality? This “right” ends up exploiting citizens on multiple levels. Let’s consider an example: securing a government job is already a Herculean task. For every lakh of applicants, there are only a handful of positions available. Yet, within those few positions, a significant number are reserved—and if those reserved seats aren’t filled this year, don’t worry, they’ll be kept warm for next year.

Now, let’s examine the ironic implementation of this “equal opportunity”:

Here are the cut-off scores for exams that are considered among the toughest, for positions of utmost importance like IAS officers and judges:

UPSC Prelims Cut-off 2024: 

- General: 75.41

- EWS: 68.02

- OBC: 74.75

- SC: 59.25

- ST: 47.82

UP Judiciary Cut-off 2023: 

- General: 250-260

- OBC: 240-250

- SC and ST: 220-230

The data speaks volumes. Our nation’s officers are selected not solely on merit but based on their caste and background. How does this represent equality? Forget equality—what kind of future are we envisioning for a country that chooses its leaders based on caste rather than competence? Judges, who hold the power to determine the fates of many, are being selected on the basis of their caste. What kind of justice can we expect from such a system?

Reservation, in its current form, does not eliminate casteism; it magnifies it, sowing discord and enmity among different classes. The ultimate irony? A system introduced to eradicate discrimination has become the very source of it, particularly in education and employment.

1.5 Consequential Seniority: Equality or an Illusion?

The reservation conundrum doesn’t end with admissions to educational institutions or with securing prestigious positions. It follows you all the way to promotions at the workplace.

Article 16(4A) states: "Nothing in this article shall prevent the state from making any provision for reservation [in matters of promotion, with consequential seniority, to any class] or classes of posts in the services under the state in favor of the Scheduled Castes and the Scheduled Tribes which, in the opinion of the state, are not adequately represented in the services under the state.”

Consequential seniority—a term that grants automatic seniority to government servants from Scheduled Castes (SCs) and Scheduled Tribes (STs) when they are promoted through reservation. Introduced in the 85th Amendment Act of 2001, this concept was applied retroactively to June 1995 and is now enshrined in Article 16(4A).

In simple terms, if you and your colleague from a backward class join a job at the same time, he may be promoted over you, thanks to reservation. Congratulations! You’ve now been outpaced by your batchmate, who is suddenly your senior.

2. The Current Reservation Percentages

- Scheduled Castes (non-creamy layer): 15%

- Scheduled Tribes: 7.5%

- Other Backward Classes: 27%

- Economically Weaker Sections (EWS): 10%

3. The Davinder Singh vs. State of Punjab Case: A New Enlightenment [1]

In August 2024, a 7-judge bench of the Supreme Court of India, led by Chief Justice D.Y. Chandrachud, delivered a landmark ruling that added yet another layer to the reservation saga. The majority 6:1 verdict overturned the 2004 E.V. Chinnaiah judgment and declared that state governments can indeed create sub-classifications within Scheduled Castes (SCs) and Scheduled Tribes (STs) for reservation purposes. This ruling permits sub-classification to provide separate quotas for the more marginalized among backward communities.

So, it seems that our ever-evolving reservation system has reached new heights—or perhaps, new lows.

3.1 Effects of the Judgment: Exclusion from Quota

In a move that might finally introduce a semblance of fairness, Justice B.R. Gavai, with the backing of Chief Justice D.Y. Chandrachud and four other judges, advocated for the exclusion of the creamy layer from the SC or ST quota. Until now, the concept of the creamy layer was exclusively applied to OBCs. However, the concurring judgment boldly urged the government to extend this concept to SCs and STs as well.

3.2 Direction to the State: Evolving a Policy

The state has been directed to devise a policy for identifying the creamy layer within the Scheduled Castes and Scheduled Tribes. The aim? To ensure that the benefits of affirmative action reach only those who genuinely need it, rather than those who have already moved up the social ladder.

3.3 Limiting Benefits: A Generational Shift

Justice Pankaj Mithal took the conversation further by suggesting a rather revolutionary idea: reservation benefits should be limited to just one generation within a category. His judgment states, “Reservation should be meant for only the first generation among a category, and if the second generation has progressed, then the benefits of reservation shall not be extended to them.” Finally, a recognition that perpetuating benefits across generations doesn’t exactly align with the idea of upliftment.

3.5 What to Expect: A Step Towards Rationality

It might sound revolutionary—because it is. While these are modest steps, they signify a movement towards addressing the long-standing issues of discrimination that reservation policies have ironically perpetuated. At least now, we’ve taken a step in the right direction. Going forward, we can hope for more rational reservation policies and a gradual end to spoon-feeding. With the reservation debate reignited, we might soon expect the government and judiciary to turn their attention towards re-evaluating reservations in education as well.

4. If Not Reservation, Then What: Exploring Alternatives

If the current reservation system is flawed, what could replace it? How do we promote true equality without compromising on merit or creating new forms of discrimination? 

-Centralized Libraries:Establish government-funded libraries in every district that provide free access to high-quality study materials for all students, regardless of their background. By offering textbooks, reference materials, and digital resources, these libraries can ensure that every student, whether from a rural village or an urban center, has access to the same educational tools. This approach promotes equal opportunity without the need for reservation.

- Fee Concessions: Instead of lowering the merit bar, offer fee concessions for college admissions and entrance exams to students from economically weaker sections. 

- Centralized E-Portals:Create centralized e-learning platforms that offer free access to entrance exam preparation resources. These portals could provide comprehensive notes, practice tests, video lectures, and other study materials without any subscription fees. 

The backward classes are not mentally disabled, the government are making them handicapped by not giving them enough opportunity to work hard and fight the competition.

Reservation instead of bridging the societal gap is promoting enimity and casteism .

[1] The Davinder Singh vs. State of Punjab Case AIRONLINE 2020 SC 699

[2] Reference book: The Constitution of India: Bare Act

[3] JEE Main: https://jeemain.nta.ac.in/

[4] NEET: exams.nta.ac.in/NEET/

[5] CLAT: https://consortiumofnlus.ac.in/

[6] UPSC: https://upsc.gov.in/

[7] UP Judiciar: upjsa.in