Why do I think India is backpedaling?

While there are quite a few reasons to this, the one reason that can be singled out (and also the one that made me think this way) is a Constitutional Amendment passed by the Upper House of the Parliament today, which is, The Constitution (One Hundred Seventeenth Amendment) Bill, 2012.

This particular bill seeks to amend Article 16 (4A) of the Constitution of India, to enable the Government to provide quotas in promotions for the Scheduled Castes and the Scheduled Tribes. 

To understand the background of this charitable backward amendment, read: http://www.prsindia.org/billtrack/constitution-one-hundred-seventeenth-amendment-bill-2012--2462/

Clearly evident in the aforesaid background for this amendment, whenever the court struck down any law, the legislatures were quick and alert to immediately change the Constitution with unanimous voice and complete absence of debate on the floor. 

At the cost of getting slightly technical, let me try and analyze relevant parts of Article 16 of the Constitution:

Article 16 (1) – There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State.

(By this proposed amendment, the purpose of this article is being defeated as there is discrimination against people who are not SC/ST)

Article 16 (2)– No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them, be ineligible for or discriminated against in respect of, any employment or office under the state

(The bill being passed today does the exact opposite)

Article 16 (4A) - as it read now: -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 favour 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.

Proposed Amended version of Article 16 (14A)

“(4A) Notwithstanding anything contained elsewhere in the Constitution, the Scheduled Castes and the Scheduled Tribes notified under article 341 and article 342, respectively, shall be deemed to be backward and nothing in this article or in article 335 shall prevent the State from making any provision for reservation in matters of Promotions, with consequential seniority, to any class or classes of posts in the services under the State in favour of the Scheduled Castes and the Scheduled Tribes to the extent of the percentage of reservation provided to the Scheduled Castes and the Scheduled Tribes in the services of the State.”

Now, what does Article 335 say:  The claims of the members of the Scheduled Castes and the Scheduled Tribes shall be taken into consideration, consistently with the maintenance of efficiency of administration, in the making of appointments to services and posts in connection with the affairs of the Union or of a State

In effect, the slight restraint in the form of term ‘efficiency of administration’ is being done away with by over-riding the provisions of article 335.  

It’s an all out effort to please the vote bank at the cost of efficiency which was built-in through article 335. SC/ST gets quota even in promotion without being efficient to the administration or the country.

While I agree that there is nothing new as promotions in reservations for SC/ST, what is being done is giving sanctity to the whole thing.  Earlier, The Supreme Court while deliberating on the issue of validity of Constitutional amendments in the case of M. Nagaraj Vs. UOI & Ors., observed that the concerned State will have to show in each case the existence of the compelling reasons, namely, backwardness, inadequacy of representation and overall administrative efficiency before making provision for reservation in promotion. 

If you read the statement of objects and reasons for the proposed amendment, which reads as ‘There is difficulty in collection of quantifiable data showing backwardness of the class and inadequacy of representation of that class in public employment. Moreover, there is uncertainty on the methodology of this exercise”, it is clear that the amendment is to bypass the Supreme Court direction and have an impediment-free reservation in promotion to SC/ST.

We are all for helping the under privileged, but should it not be restricted to provide them free education as long as they want to study and necessary infrastructure?  Why in job and then in promotion too?  Continuation of reservations even after 50 years of independence in itself is proof enough that the strategy of uplifting the under privileged through reservations has not worked.

This in all probability seems far more dangerous to the country than the highly debated FDI in Retail Bill and the never ending debates. This particular bill, which many term as quid-pro-quo between UPA and BSP for BSP’s support for FDI in Retail, is going to do more damage and deteriorate the country’s fabric in the long run compared to FDI in retail.

Alas! We can’t change the way politicians function.  For me, this is the most backward of bills passed in recent times.  Did the parliamentarians debate this? Yes, for some cosmetic changes and most parties were for this.  It was passed with an overwhelming vote of 206 in the 245-member House. The people who voted against had a more draconian demand – to make ‘Muslims’ also eligible along with SC/ST.

I also recommend Arun Shourie’s “Falling over Backwards: An essay against Reservations and against Judicial populism”, for anyone who is keen on some insight into this disastrous trend of RESERVATIONS.  
Read more at http://www.indianexpress.com/news/affirmative-activism/989733

End of the day – it’s all about votes at the cost of efficiency, growth and development!