Quota inside quota

In a welcome ruling, the Supreme Court has emphasised {that a} one-quota-fits-all strategy just isn’t in tune with altering socio-economic realities. The apex court docket has said that its 2004 verdict delivered by one other five-judge Bench, which held that states should not have the ability to sub-classify Scheduled Castes and Scheduled Tribes for the grant of reservation, must be revisited by a bigger Bench. It was on the premise of the 2004 judgment that the Punjab and Haryana High Court had put aside the Punjab authorities’s transfer to order 50 per cent of the Scheduled Caste vacancies for Balmikis and Mazhabi Sikhs.

The Supreme Court has rightly noticed that the advantage of quota is by and huge not percolating all the way down to the ‘neediest and poorest of the poor’. The constitutional goal of attaining equality via reservation will stay a distant dream so long as there are haves and have-nots inside the reserved castes. Allowing states to make sub-classification, offered they do it rationally and fairly, might help in guaranteeing equitable distribution of the largesse. The presidential checklist of SCs and STs just isn’t set in stone. Parliament has the ability to incorporate or exclude castes and tribes from this checklist. Hence, the argument that states giving desire to sure Scheduled Castes would quantity to tinkering with the checklist doesn’t maintain water.

A system that gives no alternative, for example, to a scavenger’s baby to maneuver up the social ladder badly must be reformed. Article 46 of the Constitution offers that the State shall promote instructional and financial pursuits of the weaker sections and defend them from social injustice. Here, lots relies on the political will and intentions. The judiciary has a key position to play in curbing overreach by governments which can handpick quota beneficiaries for electoral positive aspects. Earlier this 12 months, the Supreme Court had quashed an order issued in 2000 by the Andhra Pradesh authorities that offered 100 per cent reservation to ST candidates for the posts of schoolteachers in scheduled areas and unnoticed SCs in addition to OBCs. A stage taking part in discipline could make all of the distinction.

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