COMMENTARY

Reservations in Public Employment

Modified Mandal Scheme
Anil. Nauriya

Instead of the spiralling competition over figures, it would help if some attention were given to ensuring that reservations, even if on a more modest scale, are (i) actually implemented and (ii) accompanied by other collateral socio-economic measures. I
TWO positive features have emerged on (he question of reservation!) in public employment for socially and educationally backward classes with the announcement of a modified Mandai scheme by the Congress government. First, with the Congress in power, the anti-reservation agitation has not obtained the party political backing which it so obviously had in 1990. Secondly, the Bharatiya Janata Party has been pushed into a political corner which is surely more uncomfortable for it than the dilemma it faced in 1990. In the course of the Rath Yatra by L K Advani and-immediately thereafter, the BiP could not emphasise the 'anii-Mandai' dimension as a primary provocation for the renewed vigour of its campaign. To have admitted (hat its devotion to Lord Rama could have other instrumental purposes would have seemed to detract considerably from the purity of thai devotion. In fact, the BJP had continued in its pubjic positions to dither on the implementation of the Mandal Commission recommendations. After the fall of the V P Singh government the BJP leaders seemed to reformulate the purpose of the Rath Yatra. They now admitted with greater frankness than before that the Rath Yatra had been fuelled not merely by pious devotion but also by aversion to the presumptuous claims of the Shudra. Having whipped up feelings on this dual sentiment, and having fought an election not only on the one but also tacitly on the other issue, the BJP has now been placed in a position where its acceptance of the modified Mandal scheme could reduce the party's credit-worthiness with its 'vote bank', such as it is. (Advani himself had a foretaste of this in June when he nearly lost the New Delhi parliamentary seat.) A reduced level of enthusiasm within its "vote bank" may not be compensated for sufficiently by alternative sectional support. For one thing, no one can possibly give the BJP credit for having either initiated or implemented the Mandal-related proposals, in the specific sense of having created this dilemma for the BJP, the 'M-andal card' has prevailed over the 'Hindu card', notwithstandingihe results of the general elections of MayJune 1991.

II
While the BJP, whose heart remains elsewhere, is merely being dragged along, the Congress and the Janata Dal have not taken a serious and long-term view of the Mandal scheme and have therefore not also addressed themselves to the problems to which the scheme could give rise, unless certain safeguards are built into it now and some refinements made. The modifications made in the Mandal scheme of reservations by the Congress government are by themselves cosmetic. It is significant that the party, which had bitterly criticised the Janata Dal government, should now accept in substance the 'formula' sought to be implemented in 1990. It is also remarkable that the Janata Dal should oppose the changes proposed by the Congress government in.the 27 per cent 'Mandai portion' of the reservations. On the face of it, there is at present hardly any substantial difference-between the V P Singh and the Narasimha Rao proposals, though it is in the interests of both parties to emphasise the difference. The real differences in the two approaches could emerge later, but for their own reasons, neither the Congress nor the Janata Dal leaders seem anxious to bring those issues up at the present juncture. The 'modification' relating to an additional 10 per cent reservation* for the economically backward is not a modification as such. V P Singh had made a similar announcement though he did not bring it into force. This takes the overall percentage of reserved jobs (including the 22.5 per cent reservation for Scheduled Castes and Tribes) from 49.5 per cent to 59.5 per cent (22.5 + 27 + 10). The 10 per cent reservation when originally announced was an uncertain sop offered to

the 'anti-Mandal' agitators, given the difficulty likely to arise in obtaining judicial sanction for any reservation scheme that could take the overall reservations in public employment to beyond 50 per cent in the light of past judicial decisions. It is possible in this context to understand V P Singh's reluctance actually to bring the 10 per cent reservation into force or on official record. Had he done so, one obvious risk from the Janata Dal point of view was that the Supreme Court, before which petitions had been filed on the dispute, could have cut into the original 'Manda! portion' of the reservations in order to keep the overall level at 50 per cent. That is why the 10 per cent reservations when originally announced could not have been meant seriously except as a measure that could be introduced after the Mandal scheme had received judicial sanction and if the 50 per cent rule could be got around. Now that the Narasimha Rao government has formally sought to provide for the additional 10 per cent reservation, the ordinary implication would be that his government is willing to run the risk of the Supreme Court taking a position which requires a reduction in the 'Mandal portion'. This result could follow in the event of the nine-judge bench, to which the matter has now been referred, reiterating the view that reservations in their totality may not exceed 50 per cent. That is when the real difference in the Congress and the Janata Dal positions on this point could emerge, unless the government agrees to initiate Constitutional amendments on the subject. The other 'modification' announced by the Congress government in the V P Singh proposal concerns the introduction of economic criteria within the category erf the proposed 27 per cent reservations, that is in the Mandal portion*. Preference would be given within this category to those who are economically weaker. This is not a basic modification of the V P Singh government's announcement because if these places cannot be filled up from among the economically weaker of those who are otherwise eligible for the 'Mandal portion', these would become available to the entire -category of such persons. Such a preference, is apparently so innocuous that it could easily have been introduced by the V P Singh government itself. A preference of this nature incurs no legal impediment. Nor does it have any serious political consequence as the preference granted would exclude the economically better situated candidates from reservation within the 'Mandal por-

2454

Economic and Political Weekly

October 26, 1991

tion' only where there is a preponderance of the economically weak among the eligible personsa most unlikely eventuality. That this modification should not be acceptable to the Janata Dal indicates an apprehension on the part of its leadership that the prospective beneficiaries of the Mandal scheme who have been supporting the Dal could be adversely affected by the modification. As most parties seem willing to pass the buck to or let the buck remain with the Supreme Court, it is necessary to examine the possible developments that could take place there. The Supreme Court of India is like such courts elsewhere also a politically sensitive institution in the sense that its crucial decisions, though expressed in legal terms, are not always unaffected by the political and social environment and the 'hydraulic pressure of events'. If a national consensus should emerge around the Narasimha Rao edition of the Mandal scheme, the court will not be able easily to ignore this fact. Nevertheless it is difficult to say which way the court will decide. This is because if the 50 per cent mark is crossed it would be difficult to identify an alternative principle from which a cut-off point could be derived. If population is taken as the yardstick, the reserved categories could go well beyond that implied in the Mandal-related proposals of 1990-91 and closer to the Mandal Commission's own initial preference, which it had scaled down in deference to the 50 per cent rule. If the Mandal scheme as modified by the Narasimha Rao government is scaled down so as not to exceed an aggregate of 50 per cent reservations, that could imply, inter alia, (a) a proportionate reduction in both the Mandal portion and the economic category (which would take the entire scheme into the direction of the proportions-of the Karpuri Thakur formula in Bihar in 1978) or (b) an upholding of the economic category of reservations, with the axe falling largely on the 'Mandal portion' in which case the latter would be reduced to a figure not lower than 17 per cent (i e, 27 per cent reduced by 10 per cent). Either way, at least a minimum of 17 per cent reservation for the backward castes is assured regardless of which way the Supreme Court may reasonably be expected to decide. Two distinct attitudes towards the Supreme Court's examination of the Mandal-related proposals are noticeable within the Congress. The first is that it is just as well that the buck rests with the Supreme Court. This approach is combined with the hope that the Supreme Court would take it upon itself to reduce the scale of the proposed reservations. The

Congress would then not have to take responsibility for the reduction and could claim that though it had wanted to implement the proposals on the scale originally contemplated it was the court which had struck it down. The other attitude within the Congress is represented by those who view the Supreme Court proceedings as a mere interlude aftej which they would plump for a constitutional amendment to enforce the proposals as they are. If the Supreme Court view is adverse to these proposals, it would simply be overcome through the amendment.

Ill
The upshot is that the major political parties have virtually withdrawn from an examination of the merits of the Mandalrelated proposals and the manner in which the shortcomings, if any, can be removed. Instead the entire discussion is impelled by (i) the scheme as originally introduced in 1990 and (ii) what the Supreme Court may or may not do and (iii) whether it will be necessary, desirable or expedient (o overcome by a Constitutional amendment any decision which the Supreme Court may render. In considering the merits or otherwise it is useful to compare the Mandal-related proposals with the main features of the Karpuri Thakur formula which was apparently not given adequate attention by the Mandal Commission. The caste-based reservation for backward classes was placed in the Karpuri Thakur scheme at 20 per cent in-all. This was sub-divided into 'most backward' and 'less backward' categories which had a reservation share of 12 per cent and 8 per cent respectively. In the event of sufficient eligible candidates from the 'most backward' sub-category not being available, jobs in this category would also become available to the. remaining backward castes and vice versa. To this was added a reservation of 3-4 per cent each for women and for economically weaker sections. This is a rough outline of the scheme so far as reservations for categories other than Scheduled Castes jnd Tribes is concerned. There were certain other features and various amendments and clarifications were also issued from time to time including a family income ceiling for eligibility of which we take no account here. The Karpuri Thakur scheme, if projected to the national level, has distinct advantages. It is in balance with the scale of the existing central-level reservation for Scheduled Castes and Tribes (i e, 15 per cent and lVi per cent respectively). If it is accepted that the purpose of the reservations is to intervene in the power equ-

tions, it is of critical importance to consider this balance, a factor which has been largely neglected. The problem cannot be brushed aside by citing relative population figures. While the reservation for the scheduled castes and tribes is in keeping with its population figures, it docs not follow that the same should be the case beyond a point, with the 'other backward classes', because as one goes higher on the scale, the need for reservations is progressively lower. The long-term impact on the relations inter se between the dalits and the 'other backward castes' and within the latter have also to be considered. When the reservation initiatives were taken in August 1990 and even in the period since then, contradictions between the intermediate castes and the dalits have not been very prominently projected. But that does not mean that they have ceased to exist or cannot surface again. These contradictions find expression and are founded in the existing land relations. If social configurations in, say, Bihar have not changed much in the last 50 years how can it be nonchalantly assumed that the conflicts epitomised by the Belchi carnage 14 years ago can be papered over? [It was Arun Sinha who pointed out in January 1979 that out of 12 'major outrages' against dalits during the Janata party's regime in Bihar, eight were cases of aggression by the backward castes.] If the reservation policy is to be seen in terms of power-sharing, the reservations contemplated should have an inter se balance which does negate that purpose. This problem is bound to become more acute, after the reservation policy has been in force for some years. It has to be anticipated at the present stage itself. If the
Concepts in Communication Informatics S Librarianship-19

LITERATURE SEARCH
by K.A. ISAAC Rs. 150
The book explains the methodology of literature search, be it in an individual library or in a network of libraries and information centres. It also aims at imparting to researchers and others the much needed skills of locating and procuring the needed literature. The book eminently qualifies to serve as a text-book in User Education and Research Methodology and requfred reading not only by those in the library and information fields, but all those whose work has to be sustained by information contained in literature. PUBLISHERS:

CONCEPT PUBLISHING COMPANY

A/15-16. Commercial Block, Mohan Garden NEW DELH1110059 (India)

Economic and Political Weekly

October 26, 1991

2455

reservation for Scheduled Castes is to be kept at 15 per cent, the impact of a reservation scheme that enables a few dominant backward castes to obtain a reservation of nearly twice that figure (as is the case with the Mandai-related proposals) needs to be seriously considered. The Karpuri Thakur formula, if projectedat the centra! level, scores over the Mandai scheme here because the 20 per cent aggregate reservation for backward castes is closer to, and in fact somewhat lower than, the present overall 22.5 per cent reservation for Scheduled Castes and Tribes. In addition, the distinction made within the backward castes between (he "most backward' and Mess backward' castes ensures that the reservation benefits are not cornered straightaway by a few dominant intermediate castes. This provides a safeguard for the 'most backward* castes. It helps also to ensure that the dominant intermediate castes do nos increase their reserved representation in key services to the point where the contradiction between them and the separate category of Scheduled Castes and Tribes becomes detrimental to the interests of the latter. By introducing economic preferential criteria within the 'Mandai portion' of the reservations, the Congress government has now recognised the need for some differentiation among those eligible for reservations under the Mandai scheme. Thus while the Karpuri_ Thakur scheme makes this differentiation primarily by individual listing of the backward castes in two separate 'Annexures' pertaining to the 'most backward' and the other backward castes, the Narasimha Rac edition of the Mandai scheme prefers solely to use economic criteria for this purpose. In practical terms, however, the Karpuri Thakur method of differentiation has the advantage of definiteness and easier ascertainability. If the purpose of the differentiation is to protect the interests of the 'most backward" castes, the Karpuri Thakur formula does this with greater efficacy. But if all economic criteria ateper se preferred to ail caste-based criteria, then the Narasimha Rao modification would naturally be preferred as a method of differentiation even though it may be less effective and more prone to manipulation. It would, however, be illogical to prefer all economic criteria as such and to reject merely for that reason the Karpuri Thakur approach towards inter se differentiation within backward castes. The fact that all the variants of reservation under discussion have a substantial caste basis suggests that nothing further would be lost if the backward castes category is sub-divided into "most backward' and less backward on the Karpuri Thakur pattern. Since this
2456

is clearly more effective and definite it is perhaps better JO opt for it than for the Narasimha Rao economic criterion as a method of differentiation. This is SQ far as the caste-based or the 'Mandai portion' in the various approaches to reservations is concerned. !n addition, the Karpuri Thakur scheme had provided for a reservation of 3-4 per cent based on economic backwardness and a similar figure for women. These additional provisions, though marginal, provided the Karpuri Thakur approach with a more comprehensive conceptual and ideological basis than the Janata Dal government was able eo impart to iis own approach towards reservations. If the reservation provided under the Karpuri Thakur formula for economic backwardness and for women is combined, it comes lo around 6-7 per ceni. With the marginal modification thai women be separately provided for, perhaps at a higher proportion but within each category of reservation, ihi.s aspect of the Karpuri Thakur formula-too can stand comparison with the additional S per O cent reservation based on economic backwardness mentioned by V P Singh and introduced by Narasimha Rao. The 20 per cent backward caste-based reservation (with the two-fold infernal sub-division of the most backward and the less), as in the Karpuri Thakur approach, combined with a 7 per cent reservation for economic backwardness (women being internally provided for within each category) would imply a 27 per cent reservation over and above the existing Scheduled Castes and Tribes reservation. This would maintain a balance with the reservation for Scheduled Castes and Tribes and also ensure important ititerna! safeguards, while the backward caste based reservation would be limited to 20 per cent instead of 27 per cent. This formula would be more beneficial to the subcategory ol 'most backward castes". The Karpuri Thakur scheme has the additional merit of keeping the aggregate reservations below 50 per cent and thereby virtually taking the matter out of the hands of the court. As such, it could form the basis of a minimum national consensus, meeting as it would even with the BJP preference for overall reservations not exceeding 50 per cent.

population one alleged to be below the poverty line. The higher the proportion claimed, the greater it was assumed was the commitment. Something of the same kind appears to have happened to the reservation percentages. At the state level, for example, the more bombastic the reservation figure suggested by a particular commission appointed to study the problem, the more radical its recommendations are assumed to be. Just as sections of Indian secularists sometimes believe that it would detract from their secularism if they were to focus on the problems of, say, the Hindus who have had to leave Kashmir, sections of the reservationists appear to think that their case requires them not to take note of the relations between the castes for whom they seek reservations. Just as the secularists' omission helps groups like the BJP, the second omission will only strengthen the hands of those who are intrinsically opposed to affirmative reservations in employment. Instead of this spiralling competition over figures, it would be helpful if some attention were given to ensuring that reservations, even if on a more modest scale, are (i) actually implemented and (ii) accompanied by other collateral socioeconomic measures, for reservations by themselves have not done much even in the south. The reservations for Scheduled Castes and Tribes which have nominally been in force for several years often remain mere theoretical possibilities because vacancies are deliberately not notified just long enough or are inadequately notified so as to enable the posts to be de reserved. Here again the posts are then released to the general category rather than to other under-represented groups like women. Given the fact that the scale of dereservation is substantial, the discussion on reservations is often conducted as though, in Eliot's phrase, humankind cannot bear very much reality. Economic and Political Weekly
Available from M/s. Popular Book House,

75 Deccan Gymkhana, Pune - 411 004. Maharashtra. M/s. Prakash News Agency, Railway Road, Jallandhar City, Punjab.
M/s. Books and News Mart,

IV
Any suggestion that the scale of the reservations in the Mandal-related proposals be reduced is likely to lead to angry protestations from the ranks of the Congress and the Janata Dal. I> is said that there was a time when the extent of one'a commitment to the eradication of poverty was judged by the proportion of the

Ml Road
Jaipur 302 001,

Rajasthan.

Economic and Political Weekly

October 26, 1991