Quota within quota

In a welcome ruling, the Supreme Court has emphasised that a one-quota-fits-all approach is not in tune with changing socio-economic realities. The apex court has stated that its 2004 verdict delivered by another five-judge Bench, which held that states do not have the power to sub-classify Scheduled Castes and Scheduled Tribes for the grant of reservation, needs to be revisited by a larger Bench. It was on the basis of the 2004 judgment that the Punjab and Haryana High Court had set aside the Punjab government’s move to reserve 50 per cent of the Scheduled Caste vacancies for Balmikis and Mazhabi Sikhs.

The Supreme Court has rightly observed that the benefit of quota is by and large not percolating down to the ‘neediest and poorest of the poor’. The constitutional objective of achieving equality through reservation will remain a distant dream as long as there are haves and have-nots within the reserved castes. Allowing states to make sub-classification, provided they do it rationally and reasonably, can help in ensuring equitable distribution of the largesse. The presidential list of SCs and STs is not set in stone. Parliament has the power to include or exclude castes and tribes from this list. Hence, the argument that states giving preference to certain Scheduled Castes would amount to tinkering with the list does not hold water.

A system that offers no opportunity, for instance, to a scavenger’s child to move up the social ladder badly needs to be reformed. Article 46 of the Constitution provides that the State shall promote educational and economic interests of the weaker sections and protect them from social injustice. Here, a lot depends on the political will and intentions. The judiciary has a key role to play in curbing overreach by governments which may handpick quota beneficiaries for electoral gains. Earlier this year, the Supreme Court had quashed an order issued in 2000 by the Andhra Pradesh government that provided 100 per cent reservation to ST candidates for the posts of schoolteachers in scheduled areas and left out SCs as well as OBCs. A level playing field can make all the difference.

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