Social and political developments in India
Even at the time of independence and earlier, India from centuries was a caste-based society with deep-rooted social hierarchies and people were divided in intensive way through ethnic, religious and social groups.
For them, the dawn of independence, promulgation of a new, democratic constitution with full political rights including universal suffrage proved a boon for mass of the people who were poor, uneducated, and unaware of political power and processes.
They took political training and viewed their political power closely in an assertive way to deliver an impact on politics.
Now, slowly but surely they began to challenge the ruling elite of the Congress party and society as well to take the frontal seat in the national mainstream The political awakening that emerged in the new and majority of social group that belonged to Backward Class, Scheduled Castes and Scheduled Tribes, for the first time, broadened the political base of the country and there onwards leadership group also began to come from their side in large numbers.
The emergence of new social group with political awakening and consciousness exerted pressure on political system for their benefits and greater participation in decision-making process of the country.
Political background of reservation: As a result of the weakening of Congress Party, in early 1977, the first non-Congress government of Janata Party under the Premiership of Morarji Desai was formed at New Delhi which under massive pressure from below for more power sharing and , in response, the government appointed Mandal Commission in 1979 to assess the position of socially and educationally backward classes, headed by B.P. Mandal, a parliamentarian to resolve the question of reservation and address caste discrimination using eleven social, economic, and educational indicators.
The commission completed its report in 1983 based on its rationale that Other Backward Castes (OBCs) constitute about 52% of India’s population identified on the basis of caste and using the caste data census of 1931 recommended that the members of OBCs be granted reservation up to 27% job under the Central government and public sector undertakings.
Further, in August 1990 the government of V P Singh declared its intent to implement the report leading to widespread student protests across the country.
Earlier to 1990 the so called backwards were wary of being called backward because in the common language it means a person belonging to inferior caste and are uneducated, uncultured.
By this nomenclature, they found economic gains in being classified as backward the entire outlook changed and they started calling it social revolution resulting in affirmation action.
Consequently, all of a sudden almost 75% of Indian population began to get preferential treatment in educational institutions and government employment.
Earlier, 25% population was covered under SCs STs reservation and now along with 50% of so called OBCs the figure roughly reached 75% depriving about 25% of population’s entry in educational institutions and employment in government and other public sector undertakings.
In a significant development in the case of Indira Sawney which challenged the Mandal Commission and Government’s decision to implement it, the Supreme Court of India, after hearing before a nine-judge bench, passed the order that maximum reservation can be 50% in educational seats and jobs and creamy layer of income will be applicable. With these limitations and provisions as laid down in the Act, it was implemented in 1992.
Major developments on OBCs reservation: It was only after the implementation of the reservation for OBCs in educational institutions and jobs of Central as well as State Governments, the term Other Backward Classes was defined while delivering a judgement in 1993 in the judgement of Supreme Court in Indira Sawhney’s case , the Government enacted National Commission for Backward Classes (NCBC) Act in April, 1993, which mentions in section 2 of the NCBC Act, “Backward Classes” means such backward classes of citizens , other than the Scheduled Castes and Scheduled Tribes, as may be specified by the Central Government in the lists.
For the purpose, the Section 2 also defines “lists” as prepared by the Central Government for providing reservation in appointments to backward classes of citizens, which, in its opinion are not adequately represented in services, under the Government of India and any local or other authority.
As per provision the Ministry of Social Justice and Empowerment has been authorized to notify the lists of Castes/Communities are to be treated as OBC.
To ensure the entire theory and practice of social justice the system of affirmative action or reservation was introduced with the implementation of constitution which clearly decides for historically disadvantaged groups, first to Scheduled Castes and Scheduled Tribes but later expanded to backward classes, women, handicaps and others over the decades and years in spheres of education, employment and politics.
The constitutional provisions allow the government to set reserved quota or seats for socially and educationally backward citizens.
Contextual dimensions of reservation: The whole concept and structure of social justice and reservation in India revolve around three commonalities of definitions given so far; a. equal rights, b. equal opportunities, and, c. equal treatment.
In the context, it compasses a series of works done in sequence as it is the virtue which guides us in creating those organised human interactions we call institutions and when they are justly organised they provide us with access to what is good for the person, both individually and in our association with others.
It imposes on each of us a personal responsibility to work with others to design and continually perfect our institutions as tools for personal and social development.
As India is among the nations that upholds the principle of social justice, it was resolved in the preamble of the Constitution of Independent India which secures social, political, economic justice to all its citizens and to make it a reality and address the myriad of problems because of caste, gender, religion, culture, tradition and others.
A number of measures are provided in constitutional articles, amendments as well as through social movements, government and non-government organisations to achieve peace and security and respect for all human rights and fundamental freedoms.
It was a result of the centuries of exploitation in the name of caste and creed which split the society even today in various segments/factions leading to social tension and sometimes struggle too.
Therefore, it aims to achieve/create a social status free from oppression, inequality, and discrimination at every stage to improve their socio-economic positions.
— The writer is Professor and Head, Department of Political Science, B N Mandal University, Madhepura, Bihar, India.