A government that was visibly ambitious in the initial stages of the fight for reservations in job promotions for SC/ST, seems quite indecisive after the Supreme Court verdict.
The matter of quota for job promotions for SC/ST was stuck since the Nagaraj verdict in 2006. That verdict put forth three conditions which practically stopped reservations in promotions.
The conditions were:
- Backwardness should be proved on the basis of facts.
- The low numbers of SC/ST candidates in job promotions should be provided.
- It should be ensured these promotions don't have adverse effects on the administration.
There was no development or decision taken by the then Congress government in this regard for the next 8 years. A bill was then introduced in the Parliament by the UPA which was never passed, citing opposition by the Samajwadi Party.
After NDA came to power in 2014, multiple petitions were filed in the Supreme court challenging the Nagraj verdict which were backed by the NDA. The government was clearly and ambitiously backing reservations. Then why is the BJP/NDA silent after the recent SC verdict?
Ministers like Ramvilas Paswan and Ramdas Athawale have spoken, but it's difficult to understand if the views are the party's or their own. The court's verdict has further sparked off a debate of the issue of creamy layer. The creamy layer, until now, was applicable only for the OBCs. In it's verdict, the Supreme Court "suggested" that creamy layer should be introduced for SC/STs as well.
Bone in the BJP's Throat
The BJP does want to appease the SC/STs by abiding by the Supreme Court verdict but is facing difficulties in doing so.
After the SC allegedly weakened the SC/ST Act, the BJP restored the act via the Parliament to its original form, but it is upset over the fact that BJP's core upper caste voters are not very happy about it. Therefore, BJP possibly cannot afford to do so. Hence, the BJP might not take any concrete steps in this regard and try avoiding the issue for the next few months.
Division of OBCs
On 2 October 2017, the BJP set up an ambitious commission for the division of the OBCs, the head of which was retired judge G Rohini. The Commission was given three tasks:
- To analyse the ease of getting jobs for different castes and sub-sections under OBC.
- To chalk out ways for the division of OBCs.
- To recognise different castes under OBC, in order to divide them into sub-classes.
The Commission was given 12 weeks to file a report, but it has been over 12 months now with no further development in this regard. According to sources, the Commission has prepared an interim report, which the Centre hasn't seen. The tenure of the Commission has now been extended to 20 November.
Centre Split?
The OBC vote is crucial for the BJP. If the Mandal Commission is to be believed, they comprise of 52 percent of the country's population. The Centre, however, is split when it comes to the division of the OBCs. One section thinks that the division of OBCs will empower the weaker sections of OBCs more than they ever were and this might not go down well with the stronger, influential sections.
Moreover, if one section of the OBCs is declared more empowered than the others, how much reservation will they be entitled to? These matters might lead to a political storm across the country. Moreover, these matters are being perceived as the weak nerve of the BJP.
(This is a heavily summarised version of the opinion piece, which was first published on Quint Hindi. )
Dilip C Mandal is a senior journalist. The views expressed are the author’s alone. The Quint neither endorses nor is responsible for them.)
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