PROPORTIONAL REPRESENTATION

PROPORTIONAL REPRESENTATION AND COMMUNITY RESERVATION
IN AN INDEPENDENT, FREE, SOVEREIGN AND DEMOCRATIC INDIA I. E. BHARAT.

The Preamble to the Indian Constitution
The Preamble of the Indian Constitution reads “We, the people of India, having solemnly resolved to constitute India into a Sovereign Socialist Secular and Democratic Republic and to secure to all citizens JUSTICE – social, economic and political. LIBERTY – of thought, expression, belief, faith and worship and EQUALITY – of status and opportunity and to promote among them all FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation xxxx”.
The preamble thus contains a Declaration by which the people of India are said to have given unto themselves the Constitution and which amounts to a Declaration that sovereignty of the country vests in them the people of India. It is for providing to all the citizens of India social justice, economic justice, political justice; liberty of thought, liberty of expression, liberty of belief, liberty of faith, liberty of worship; equality of status, equality of opportunity and for promoting among the citizens FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation.
The word ‘Sovereign’ means India is fully independent and is no more dependent upon any outside Authority. The word ‘Socialism’ has no definite meaning. It however generally refers to some form of ownership of the means of production and distribution by the State. The word ‘Secularism’ means a State without any recognized religion of its own. In other words, the State treats all religions equally. The term ‘Democratic’ denotes a form of Government, which secures Power/Authority from the Will of the people. In other words, the voice of the Government is nothing but the choice of the people. Finally, the term ‘Republic’ signifies that there shall be an elected Head of the State as the Chief Executive Head. As such the President of India is the Chief Executive Head.
Justice briefly speaking is “the harmonious reconcilement of individual conduct with the general welfare of society”. An act or conduct of a person is said to be ‘just’ if it promotes the general well being of the community. Social justice means abolition/removal of all sorts of inequalities which may result from the inequalities of wealth, opportunity, status, race, religion, caste, title and the like”.
‘Economic justice’ means “justice from the stand point of economic force”. In simple words it means equal pay for equal work, that every person should get his just dues for his labour irrespective of his caste, sex or social status.”
‘Political justice’ means “ the absence of any unreasonable or arbitrary distinction among men in political matters.” Indian Constitution ensures every citizen the right to vote, contest elections or to hold office under the State, without any discrimination .
Liberty of thought, expression, belief, faith and worship is used in two senses i. e. negative and positive senses. In the negative sense it means ‘absence of all undue or arbitrary interference with individual’s action on the part of the State’. In positive sense, “it comprises of liberties or rights which are considered essential for an individual to attain his potentialities and for the perfection of the national life.”
Equality of status and opportunity – can be secured to the people by abolishing all distinctions or discriminations by the State, between citizen and citizen on the ground of religion, race, caste, sex, or place of birth and by throwing open ‘public places’ to all citizens, by abolishing un-touch-ability and titles by securing equality of opportunity in the matters relating to employment or appointment to any office under the State.
Fraternity means “a spirit of brotherhood, a feeling that all people are children of the same soil, the mother land.” The Indian Constitution makes no provision which reflects ‘fraternity’ as an object. However, there are certain provisions in the Constitution such as common citizenship, right to move freely, to reside and settle in any part of the territory of India, to practice any profession or to carry on any occupation, trade or business, which generate the spirit of brotherhood.
It is clear from the above that the source of the Constitution is the people (We, the people of India). The four basic pillars on which the Constitution is built for achieving its objectives and goals are Justice, Liberty, Equality and Fraternity. As per the words enshrined in the preamble, one can understand THAT THE CONSTITUTION OF INDIA AIMS TO ACHIEVE A CLASSLESS AND CASTELESS EGALITARIAN SOCIETY. To achieve these ideals and goals by operation, various provisions (Articles) have been provided for in the Constitution.
The Citizenship and Parliamentary Democracy.
The Indian Constitution has provided for SINGLE CITIZENSHIP for whole of India unlike dual citizenship in the United States of America. Every Indian has the same rights of citizenship no matter in which State he resides. An Indian may reside in any State in India but he will be known as a citizen of India and not that of the particular State in which he resides. In other words, there is no citizenship of any particular State. The citizenship is common and all citizens are the children of the same soil, mother-land, Bharat. Citizens have the right to move freely, to reside and settle in any part of the territory of India, to practice any profession or to carry on any occupation, trade or business, which generate the spirit of brotherhood.
India is a Secular State in the sense that the Constitution guarantees full freedom in following one’s own religion. Strictly speaking, this may mean also the freedom not to follow any religion. No person can be forced not to follow any religion. As the Indian STATE IS COMPLETELY SEPARATED FROM RELIGION, there is no Official or State religion in India.
There is a provision for adult franchise and every one above the age of 18 years now has a right to caste his vote.
India has adopted the parliamentary form of government with an executive Prime Minister as the head of Cabinet like in Briton and not the presidential form of government with an executive President as the head of Congress like in the United States of America. The Cabinet is responsible to the House of the People (Lok Sabha) with a figure-head or rubber stamp President as the Constitutional Head of the State. The Judiciary is distinct from the Executive and the Legislature and exercises the power of judicial review.
The Constitution of India has played a big part in securing parliamentary and constitutional democracy in India. The Constitution is supreme since the three organs of the Government viz. the Executive, Legislature and Judiciary must function in accordance with the provisions of the Constitution and the laws passed by Parliament (the Supreme Legislature) and the subordinate legislatures must be consistent with the provisions of the Constitution. The framers of our Constitution made untiring efforts in moulding the Constitution to achieve the ideals and goals enshrined in the preamble to establish an egalitarian society. The Constitution under Article 368, further confers on the Parliament, the power to amend the provisions of the Constitution so as to meet the changing conditions, social, economic and political. Apart from the classical concepts of democracy like liberty, equality, fraternity and freedom as contained in the Indian Constitution, there are other several factors such as enlightened Public Opinion, determined Will of the people to have the Democratic form of Government, the existence of the Government that is willing to abide by accepted Democratic forms and the existence of Parliamentary traditions in the country that play an equally important role in securing success of the Indian Parliamentary and Constitutional Government
Sources of power for Reservation.
Article 16(2) of the Indian Constitution provides that :
(1) There shall be equality of opportunity for all citizens in matters relating to employment to any office under the State.
(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.
Besides the right to equality of opportunity in general terms, Article 16(2) prohibits discrimination against a citizen on the ground of
(a) religion
(b) race
(c) caste
(d) sex
(e) descent
(f) place of birth
(g) residence
subject of-course to Article 16(3).
Courts have held that the general right given by the first two clauses should be construed liberally and the exceptions may be construed strictly.
Article 16(3) states:- Nothing in this article shall prevent Parliament from making any law prescribing, in regard to a class or classes of employment or appointment to any office under the Government of, or any local or other authority within, a State or Union territory, any requirement as to residence within that State or Union territory prior to such employment or appointment.
Clauses 4 of Article 16 (Equality of opportunity in matters of public employment) states that nothing in this article shall prevent the State from making any provision for the reservation of appointments or posts in favour of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State.
Reservation in favour of any backward citizens can be under clause (4) of Article 16. It implies a separate quota which is reserved for a special category of persons. The very purpose of reservation, it has been held, is to protect the weaker category against competition from the open category candidates. It has further been recognized that reservation implied selection of less meritorious person. This must cost has to be paid, if the constitutional promise of social justice, is to be redeemed. The Supreme Court in re: Indra Sawhney v. Union of India, AIR 1993 SC 477 ruled that clause (4) of Art. 16 is not an exception to clause (1) of Art. 16. Clause 4A of Art. 16 provides for reservation in matter of promotions for Scheduled Castes and Scheduled Tribes.
Reservation (Protective discrimination) means discriminating the persons for the purpose of protecting certain classes of people. Art. 14 of the Constitution also envisages that treating all equally sometimes results in inequality. Art. 15(4) and 16(4) make the necessary special provisions for the advancement of Backward Classes.
The expression ‘backward class’ has not been defined under the Constitution. The President under Art.340(1) is empowered to appoint a Commission to investigate the conditions of socially and educationally backward classes. The Constitution does not define ‘Scheduled Castes’ and ‘Scheduled Tribes’. Arts. 341 and 342 empower the President to draw up the List of these castes, by Public Notification in consultation with the Governor of the State concerned.
The successful implementation of the reservations has been systematically forestalled or delayed by vested interests or various lobbies active in India on false pretexts of the questions/problems which allegedly arose viz: –
1. What are the backward classes and who belong to them ?
2. What are the limitations on the reservations;
3.(a) With regard to the percentage; and
3(b) Duration/term of reservations.
The Supreme Court interpreted the provisions relating to reservations
Differently in several cases. Further, the Union permitted the States to appoint Commissions to identify the socially and educationally backward classes.
The decision in AIR 1951 SC 226 (Champakam Dorai Rajan v. State of Madras) necessitated inclusion of a new clause (4) to Art. 15 which empowers the State to make special provisions for advancement of socially and educationally backward classes.
In Balaji v. State of Mysore, AIR1963 SC 649, validity of the Order of Mysore Government issued under Art. 15(4) reserving the seats in Medical and Engineering Colleges in the State viz. Backward Classes : 28%, More Backward Classes: 20%, Scheduled Casts and Scheduled Tribes: 18% i.e. the total percentage of reservations was 68%, was challenged. The Supreme Court held that there should be no reservation beyond 50% and laid down the following guidelines:
1. The term ‘Backward’ used in the sense, both socially and educationally backward, not either of the two.
2. Arts. 15(4) and 16(4) refer to classes; not castes.
3. The classification as to backward and more backward is violative of Articles.15(4) and 16(4).
There are three views for identification of backward classes. According to the first
View, caste must be the sole criterion. The second view, agrees that caste should not be considered, but means (economic factor) should be regarded as the sole criterion. According to the third view, both the caste and the means must be regarded as the factors for identifying the backward classes. Thus, the Supreme Court stressed the COMMUNITY CUM MEANS TEST in different cases. (State of Kerala v. Thomas; A.B.S. Kharmachari Sangh v. Union of India; Vasant Kumar v. State of Karnataka)
In the case of Devadasan v. Union of India, AIR 1964 SC 1979, which is popularly known as “Carry Forward Rule Case”, the Government reserved 17% vacancies to the SC/ST candidates. As the candidates were not available, the vacancies were carried forward to the subsequent years. As a result of the impugned rule, in the year 1961, out of the 45 vacancies filled in, 29 were filled in by the candidates belonging to SC/ST, which came to 64% of reservation. The carry forward rule means, “in case, the vacancies reserved remain unfilled for non-availability of the candidates, they may be filled by the reserved candidates in the subsequent years”. The Supreme Court, followed its rule in Balaji v. State of Mysore that reservations exceeding 50% in a single year would be unconstitutional, and therefore struck down the ‘carry forward rule’ as it was invalid and unconstitutional.
The above decisions in Balaji v. State of Mysore and Devadasan v. Union of India, were overruled and ‘the carry forward rule’ was upheld by the Supreme Court in Akhil Bharatiya Shoshit Kharmachari Sangh (Railway) v. Union of India, AIR 1981 SC 298. In this case, the Supreme Court upheld that validity of ten circulars issued by the Railway Board, providing reservations of 17.5% posts to SC/ST candidates. The circulars contained the rule to carry forward the unfilled posts for three years. Consequently, the reservation quota rose to about 64.4%. The Court upheld the quantum of reservation.
In Indra Sawhney v. Union of India (popularly known as Mandal case) AIR 1993 SC 477 – the Supreme Court overruled the decision in Devadasan’s case and upheld the validity of “carry forward rule” subject to the condition that it does not result in breach of 50% rule, except in certain extraordinary situations.
In order to overcome/nullify the Supreme Court’s decision in Golaknath’s case, the Constitution (24th Amendment) Act, 1971 was brought substituting the heading “power of the parliament to amend the constitution and procedure therefor” to Art. 368 in the place of “procedure for amendment of the constitution”. The validity of the 24th Amendment Act, 1971 was challenged in Kesavananda Bharati v. State of Kerala , AIR 1973 SC 1461 (Fundamental Rights Case). The Supreme Court upheld the validity of the 24th Amendment and held that Parliament can amend any part of the Constitution including the preamble subject to the condition that the basic features or basic structure of the Constitution should not be destroyed by such amendment.
The concept of basic structure has not been defined. The Supreme Court by evolving the ‘Basic Structure Theory’ removed the conflict between the two theories whether the parliament’s power to amend is unlimited or limited.
The majority of seven Judges of the Supreme Court in Kesavananda Bharati’s case recognized the following items as the basic structure of the constitution viz.
1. Republican and Democratic form of Government.
2. Secular character of the Constitution.
3. Supremacy of the Constitution.
4. Separation of powers between the legislature, the executive and the judiciary.
5. Federal character of the Constitution.
6. Sovereignty of the Country.
7. The dignity of the individual.
8. Freedom and basic rights in Part-III
9. Welfare or economically just society as per the principles under Part IV Egalitarian Society.
10. Justice – Social, Economic and Political.
11. Liberty of thought, expression, belief, faith and worship.
12. Equality of status and opportunity.
13. Parliament with Loksabha and Rajyasabha.
In Indira Feroz Gandhi v. Rajnarain, AIR 1975 SC 2299, two more items viz.
free, Just, fair elections and rule of law were held to be basic features of the Constitution.
In Minerva Mills v. Union of India, AIR 1980 SC 1789, harmonious construction between Part III and Part IV was further more held to be basic structure of the Constitution.
Further, the rule of law in Samba Murthy v. State of A.P., AIR 1987 SC 663, Independence of Judiciary in Kumar Padma Prasad v. Union of India AIR 1992 SC 1213, Parliamentary Democracy in Kitho Hallohan v. Zachillhu AIR 1993 SC 42, Secularism in Valasamma Veocluin University, AIR 1996 SC 1101, Judicial Review in Chandra Kumar v. Union of India, AIR 1997 SC 1125 and concepts of ‘separation of powers between the legislature, executive and judiciary’ as well as ‘the fundamental concept of independent judiciary’ in State of Bihar v. Bal Mukund Sah & Ors. ,AIR 2000 SC 1296 at page 1371, have been elevated to the level of basic structure of the Constitution and are the very heart of Constitution Scheme.
Thus, Parliament’s power to amend the Constitution including Article 334, under Article 368 is now held to be not absolute and unlimited as it is made subject to basic structure theory.
The purpose /reason behind making provision for reservation is, treating equally all classes of people at all times would result in inequality. Therefore provisions are made vide Article 15(4), 16(4) etc. for reservations in order to uplift the socially, educationally backward classes of citizens. The Architect of the Indian Constitution and Bharat-ratna Dr. Babasaheb Bhimrao Ambedkar called “Reservations” as “Compensatory Benefits” to socially and educationally backward people.
Ancient India.
In the ancient India, about 5000 years ago when the Indus Valley Civilization was the leading Civilization of the world, there were no caste system prevalent in India. But about 2500 years ago when Aryan Invaders came to India, they discovered India and divided the people of India into four Varnas viz. Brahmins, Shatriyas, Vaishyas and Shudras as having been derived from the mouth, arms, legs and foot respectively of god (generator, organizer and destroyer) and started caste system based on Varna-Jaathi. The beneficiaries of this social structure are the Brahminical upper caste people who have enormous material resources and mental capabilities obtained through unjust privileges and exclusive traditional advantages through the ages. Those who work for the complete transformation of this social order have to wage an unequal war even today. The Indian population comprised of S.C., S.T., OBC and R. M. such as Christians, Muslims, Sikh, Parsi, Jains and Budhist is the majority population of about 90% and Others including Brahmins of 3.5% is the minority population of about 10% only in India.
Mulnivasi or aboriginal citizens of India.
Most of the citizens including Mulnivasi, Adivasi, Tribals, and other economically poor and backward members of various classes or communities in India including Muslim and Christian communities in India still have no education. They are unable to think. They are living like sheep. They have to be taken care of by the democratic Government. The Government will not annihilate caste system by framing and implementing appropriate law because ruling has been based on caste system. So people themselves have to abolish caste system in India. This is possible if the citizens themselves take initiative and voluntarily discard or abandon the caste suffixes or surnames from their individual names as ‘Periyar’ did in Tamil Nadu. He stopped using his surname “Naicker” from his name ‘E. V. Periyar Ramaswami Naicker’. Many a people there followed suit and do not have surnames even today. “JAATHI CHODO, SAMAJ KO MILA NA HAI”. Are the people of India ready to take initiative and work for proportional representation class-wise or community-wise in the ruling of the country and reservation for education in academic and technical or higher educational institutions and service or employment under the State to ‘SARVA SAMAJ’ with particular emphasis to the economically backward and poor citizens of the country, irrespective of religion (creed), race, caste, sex, descent, place of birth, or residence so as to dispel ignorance and blind faith among the vast majority of the masses and to liberate the masses materially and mentally from all kinds of exploitation, directly or indirectly, according to their numerical strength ?.
The Constitution does not believe in the welfare of a few 10% individuals but wants to raise the social, economic and educational levels of the Bahujan Samaj (90%) including the Scheduled Castes (S. C.), Scheduled Tribes (S. T.), Other Backward Classes (OBC) and Religious and Linguistic Minorities (R. M. ) also. It is said that once Dr. Ambedkar wrote to Mr. Dadasaheb Gaikwad that there are two views of looking at the oppressed and exploited society. First is to develop individual merit as some Social Thinkers are of the view that individual misdeeds and behavior is responsible for his oppression, exploitation and poverty. Such Social Thinkers then undertook to work for the personality development such as de-addiction from alcohol, health-care programmes, blood donation camps, co-operative movements, establish Libraries, and other programmes, to develop virtues in the individual person. Another view is to raise the social level of the oppressed and exploited society as a whole. The circumstances and limitation surrounding an individual in which he lives his life, is responsible for the sorrow and poverty of the individual. Dr. Ambedkar stated that if both the views are compared and analyzed carefully, it is the second view which appears to be more correct and justifiable. In the first case, status of few individuals may improve in the society but status of Society as a whole shall not be raised and the objective is not to improve the status of a few individuals alone but to raise the status of the entire Society as a whole. Rashtrapita Jyotirao Phule-Sahu-Ambedkar ideology is committed to and might not want to use its energy for the improvement of a few individuals. The main objective should be to raise the status of a uniform Society and not personal gain alone. This objective is yet to be accomplished in the so-called free, independent, sovereign and democratic India so as to achieve a classless and casteless egalitarian Society.
For the last over 60 years after independence, India is ruled by about 10% ruling upper caste ‘minority’ on the basis of caste system. The term ‘minority’ is not defined under the Indian Constitution. It may be either religious or linguistic or both. Varna- Jaathi or Caste system is the cause of misery for about 90% lower caste or lower class vast majority citizens of India.
From 1920 onwards great Social Thinkers/Reformers like ‘E. V. Periyar Ramaswamy Naicker’ demanded from the British Colonial Rule proportional representation to Non-Brahmins and depressed classes in the ruling of the country and reservation in State Services.
In the year 1942, Dr. Ambedkar as the Labour Minister under the British had applied reservation upto 8% which continued upto 1943. Before the independence of the country, Arya Brahmins who were then slaves to the British, enslaved the mulnivasi or ab-original Indian citizens under them. On 15th August 1947, political power was transferred to the hands of the Arya Brahmin Bania combine whose economic exploitation, in addition to socio-cultural domination, is worse now than the British rule then in India.
Thereafter, in the Indian Constitution adopted on 26-11-1949, Article 16(2) was incorporated, incorporating proportional representation. After the adoption of the Republican Constitution on 26-1-1950, Brahmins went to the Madras High Court and then to the Supreme Court in the same year asking for the discontinuance of the provision of reservation in educational institutions to the historically disadvantaged classes or communities on the plea that the provision violated their so-called fundamental rights to non-discrimination.
The Courts upheld the plea and declared reservations meant to promote Social Justice unconstitutional. Periyar organized meetings and conferences against the judgment and also initiated steps. As a result, the Constitution (First Amendment Act ) was passed in the year 1951 adding clause 4 to Article 15 of the Constitution which states that “Nothing in this Article or clause (2) of article 29 shall prevent the State from making any special provision for advancement of any socially and educationally backward clauses of citizens or for the Scheduled Castes or Scheduled Tribes.
Article 29(2) states that no citizen shall be denied admission into any educational institution maintained by the State or receiving aid out of State Funds on ground only of religion, race, caste, language or any of them.
Even-though India has been so ruled for the last over six decades as aforesaid, Bharat has not achieved political and socio-economic justice to all its citizens so far. They are the fundamental rights guaranteed equally to all the citizens of the country under the Constitution. They are justice-able and protected by Article 13(2).

Educating Indian Masses.
According to Dr. Ambedkar, Reservation is not begging but it is a human right. He dreamt of a Prabhudha Bharat i. e. an educated Bharat (India). So he started imparting education to the masses of the Country and started various Schools, Colleges including Law Colleges for imparting legal education during his life-time which are continued even till date.
Prior thereto, Christian Missionaries in India had started giving elementary School education to people in English language for the first time in the year 1813. It is believed before the year 1813, there were no Schools opened by any body or group. During the years between 1813 and 1855, the Christian Missionaries established about 1628 English Medium Schools in various parts of India, having a total strength of about 64000 Students. Dalit Education Centers are established by Christian Groups to provide untouchables with quality education in a safe environment.
Vast majority of the people in rural and tribal India have, however, clung to the country’s defunct social structure. The caste system is outlawed after gaining independence from Britain in 1947. Save and except divergent sects or denominations, there is no caste system either in Islam or Christianity but that does not mean anything from the economic stand point of view. The effects of centuries’ old discrimination based on Varna-Jaathi caste system or economic strangulation have lingered ever since. It is so ingrained in the different cultures also. The Indian National Society as a whole consists various classes or communities or sub-societies and/or diverse cultures. The process of social transformation has been a very tardy one. The social, economic and political stigma arising out of the age old varna-jaathi caste system perpetrated to gain economic superiority in the hands of a few ruling upper class, is what really needs to change so also the adversity in cultural differences. Openness, friendliness and national brotherhood are required to be interwoven and actually practiced in the Indian National Society and Cultures.
Rashtrapita Mahatma Phule also started School education in vernacular language (Marathi) for the first time in Maharashtra. In the year 1937-38 Mata Savitribai Phule, for the first time, began education for girls students and opened Schools in Maharashtra, India. For this, she had to face and in fact undergone tremendous hardships and violent protests from Manuwadis and Peshwai Brahmins.
Education being an intellectual and intangible personal property right once acquired, need not be partitioned amongst anybody. It cannot be stolen from its possessor by thieves, erased from the mind or brain but it is easy to carry to anywhere. Education enriches more to one who gives or imparts it to others. Proper education builds up the character and integrity of the person who will be in a position to face courageously all or any challenges, adverse eventualities, difficult situations, sufferings, and hardships in the kuru-shetra of his life and thereby helping him to win his soul from the unending battle of life in this world and beyond.
Imparting Education has been and is a lucrative business in India. Quality education must have been made available for all the citizens of the country and compulsory education up to certain ages depending on their background with economic and other supports needed. Every qualified student should have given scholarship to cover his or her costs of maintenance. With advancement in Information Technology, education should have been taken to the masses at large where they live in India and after providing the necessary paraphernalia. Even mobile schools and libraries are not established for reaching benefit of the education to the economically backward sections of the Society. Special incentives or economic support were not given for educating the children in the economically backward areas or from families in every nook and corner of the country. Free education on a mass scale with special corruption free incentives or economic support for the needy, could have removed their social and economic backwardness which would have certainly nullified the adverse impact of the pernicious caste system in India.
Due to bad economic policies adopted by the ruling click so far, there is a vast regional imbalances in the development of the Country and vast economic disparity amongst the masses due to which unemployment, migration, poverty, mal-nutrition, starvation deaths, and suicides are often reported from many parts of India as well as rampant Corruption. Parasites of corruption has reached in its endemic peak and anti social and anti national elements like hoarders and black-marketers have crept in and sucked the vital life-blood of all most all the Schemes routed through the Networks of Bureaucrats from the Central or State Governments down to the Villages, such as, Food, Education, Health, Housing, Employment through National Rural Employment Guarantee Scheme (NREGS) and Environmental Issues like containment of Ground water. For example, for the survival, food, livelihood, and education the most important aspect of a person’s life are provided in most areas through numerous Schemes run by the Central or State Government, for instance food is distributed through the notoriously corrupt Public Distribution System a network of shops which distribute subsidized grain and the other essentials. Stock registers are poorly maintained and are not available for inspection by the public. Corruption includes the replacement of grain with poor quality stocks or even non-distribution of the stocks on the false pretext of unavailability.
Normal notion is that extra ordinary people are the solutions and ordinary people are the problems. However, the ruling upper class has shown utter callousness, indifference and neglect in properly monitoring the proper implementation of their own various subsidized Schemes and Programmes through the Central and State Governments, thereby giving chances for frauds and misappropriation. Apart from criminal misappropriation of the government and public funds to themselves, the ruling upper class has also been in league with or helping directly or indirectly, to amass wealth by the Bania-Bada Zamindar-Big Capitalist Trinity and to corner the majority share in the Nation’s Wealth and Economic Resources meant for equitable distribution amongst all communities, classes or sections of the Society. The evil minded ruling upper class community has miserably failed to scrupulously follow the constitutional provisions incorporated to achieve the equal economic justice amongst all the citizens of the country. As a result, the operation of the economic system has resulted in the concentration of wealth and means of production in the hands of a few people to the detriment and prejudice of the paramount interest and welfare of about 90% majority population including the poorest of the poor, down trodden, de-humanized and dump millions in India. It is said that 83,00,00,000 people out of 114,79,96,0000 population in India as on 1st July 2008 earn less than Rs.20/- per day as wages. Only 91,877 individuals are reportedly earn more than Rs.10/- lakhs per year. Even the law of the country is often differently applied in different cases, particularly in the cases of Dalits, OBC and other economically poor people. Discrimination is meted out even within the same class or community, thereby unjustly maintaining a wider gap between the upper layer and lower layer of the same class or community.
According to the Christian Human Development Index, the Indian situation is positively appalling. In a country of over 1.1 billion, more than 70% of the population lives with less than Rs.20/- per day; with almost 350 million illiterates and 300 million below the poverty line. About 150 million lack access to pure drinking water; 750 million lack proper sanitation; 50% of the children are below an accepted nutritional level; and perhaps 60 to 70% of people cannot afford basic medical care”. As per NSSO widespread poverty and backwardness amongst Dalit Muslims and Dalit Christians account for 39.6% and 30.1% respectively who live in rural India belonging to BPL category with a Monthly Per Capita Expenditure of less than Rs.356.30 – the Benchmark for rural BPL. In urban areas, Dalit Muslims of 46.8% and Dalit Christians of 32.3% live with less than Monthly Per Capita Expenditure of Rs.538.60 which is as per Govt. Bench mark for urban BPL. As per National Minorities Development and Financial Corporation (NMDFC), minorities account for 18% of the India’s 1 billion plus population.
As the reservation system in India has been based on caste system, the government of the day has not been able to improve the lot of the economically backward or the poor members or sections of the various communities including Muslim and Christian communities. This is the major reason why proportional representation in the ruling of the country at the Central level and at State Assemblies and Community reservation in education and service or employment under the State according to their numerical strength in the independent, free, sovereign and democratic India for safeguarding or protection of their equal legal and fundamental rights guaranteed under the Constitution, particularly to the economically backward or the poor members of the various communities is necessary. For want of the required reservation, some members of the Christian Community often land up in menial jobs.
The Backward Classes Commissions.
Pursuant to Article 340 of the Indian Constitution, on 29th January 1953, Kakasaheb Kalelkar Commission (consisting of eleven members including its Chairman the said Mr. Kalelkar) was appointed by the president of India, inter alia, to investigate the conditions of all socially and educationally backward classes and the difficulties under which the Other Backward Classes (OBC) labour in India, for their Reservation in offices / services under State. The terms of reference of the said Commission were, inter alia, as follows:-
(a) To determine the criteria to be adopted in considering whether any sections of
the people in the territory of India (in addition to the Schedule Castes and Scheduled Tribes specified by Notifications issued under the Article 341 and 342 of the Constitution) should be treated as socially and educationally backward classes; and, in accordance with such criteria, prepare a list of such classes setting out also their approximate number and their territorial distribution;
(b) To investigate the conditions of all such socially and educationally backward
classes and the difficulties under which they labour; and make recommendations (i) as to the steps that should be taken by the Union or any State to remove such difficulties or improve their conditions; and (ii) as to the grants that should be made for the purpose by the Union or any State and the conditions subject to which such grants should be made.
Accordingly, the Commission worked for about two years and on 30th March 1955, submitted a three Volumes Report to the President of India. It had prepared a list of 2399 backward classes or communities for the entire country. Out of the 2399 OBC, 837 communities have been classified as the ‘most backward’. Some of the most noteworthy recommendations of the commission are:-
1. To undertake class-wise enumeration of population in the census of 1961.
2. To relate social backwardness of a class to its low position in the traditional class hierarchy.
3. To treat all women as a class as backward.
4. Reservation of 70 per cent seats in all technical and professional institutions for qualified students of backward classes.
5. That special economic measures be taken to uplift the OBCs economically through such programmes as extensive land reforms, reorganization of village economy, Bhoodan movement, development of livestock, dairy farming, cattle insurance, bee-keeping, piggery, fisheries, development of rural housing, public health and rural water supply, adult literacy programme, etc. and
6. minimum reservation of vacancies in all government services and local bodies for other backward classes on the following scale:
Class I : 25%
Class II : 33 1/3%
Class III and IV : 40.00%
For identifying socially and educationally backward classes, the commission adopted the following criteria:
1. Low social position in the traditional class hierarchy of the Society
2. Lack of general educational advancement among the major section of a class or community.
3. Inadequate or no representation in government services.
4. Inadequate representation in the field of trade, commerce and industry.
Following descriptions was used for classification of various communities as
Educationally and socially backward.
1. Those who suffer from the stigma of untouchability or near untouchability
(already classified as SC)
2. Those tribes who are not yet sufficiently assimilated in the general social
Order (already classified as ST)
3. Those who, owing to long neglect, have been driven as community to crime,
(Ex-criminal or Denotified Groups)
4. Those nomads who do not enjoy any social respect and who have no
appreciation of a fixed habitat and are given to mimicry, begging, jugglery,
dancing etc.
5. Communities consisting largely of agricultural and landless labourers.
6. Communities consisting largely of tenants without occupancy rights and those with insecure land tenure.
7. Communities consisting largely of a large percentage of small land owners with uneconomic holdings.
8. Communities engaged in cattle breeding, sheep breeding or fishing on a small scale.
9. Artisans and occupational classes without security of employment and whose traditional occupations have ceased to be remunerative.
10. Communities, the majority of whose people do not have sufficient education and, therefore, have not secured adequate representation in government services.
11. Social groups among the Muslims, Christians and Sikhs who are still backward socially and educationally.
12. Communities occupying low position in social hierarchy.
In the Report, it is, inter alia, observed that the privileged classes must
Voluntarily renounce their privileges and their claims to social superiority and must work wholeheartedly for the eradication of social evils. Economic backwardness is often the result and not the cause of social evils. In other words, economic backwardness is due to the social and educational backwardness. Economic backwardness is helpful to highlight the fact that socially and educationally backward classes are economically backward also. In the final analysis, the Commission stood for a social order in which neither religion nor political power are organized to control the destinies of humanity. The Presidential Notification specifically used the words ‘classes’ and ‘sections of the people’ and ‘not castes’.
It is stated that the former Prime Ministers of India viz. Pandit Jawaharlal Nehru (who was believed to be an Arya Brahmin and whose mother was a Muslim from Pakistan) and Mrs. Indira Gandhi had kept the recommendations of the aforesaid Kakasaheb Kalelkar Commission Report in cold storage for 23 years. ( from 1955 to 1977) and for that, Jan Sangh consisting of Atal Behari Vajpayee and Lal Krishna Advani supported. They have raised voice for implementing OBC Reservation at any time. If it was implemented, the social, educational and economic position of members of the illiterate, down trodden, under privileged, and historically disadvantaged castes and religious minority communities and Dalits would have improved. Money meant for education and jobs of the economically poor and backward people of India have been, from time to time, diverted for other selective purposes. Opponents of OBC reservation viz. the Congress and Jan Sangh did not allow members of OBC to get educated and employed gainfully. So the already economically poor and backward members of OBC remained very much backward in India, educationally and economically.
The 1977 General Elections was fought by Janata Party with late Jayaprakash Narayan as its Leader. In that, all Congress coaliation partners joined. Morarji Desai of Janata Party became Prime Minister of India. Janata Party had promised to implement the aforesaid Kakasaheb Kalelkar Commission Report. But because of pressure from Manuwadis, the Report was not implemented as outdated.
So decision to set up another Commission was taken by the Morarji Desai Government in 1978. On 1st January 1979, the decision was made official by the President of India whereby B. P. Mandal ( M. P.) Commission was appointed to identify the socially or educationally backward afresh (OBC). This Commission consisted of (1) Bindheshwari Prasad Mandal as its President (2) Diwan Mohanlal (3) R. R. Bhole ( a member of People’s Education Society founded by Dr. Ambedkar) and (4) K. Subramanyam was required to consider the question of seat reservations and quotas for people to redress caste discrimination. The Commission used eleven indicators such as social, economic and educational indicators to determine “backwardness” and recommended for affirmative action practice under Indian law whereby members of OBC and SC and ST were given exclusive access to a certain portion of government jobs and slots in public universities and recommended changes to these quotas increasing them by 27% to 49.5%.
The members of the Mandal Commission is stated to have visited 405 Districts comprised of about 5,50,000 Villages in India for ascertaining the relevant facts. The Mandal Commission thereafter on 31st December 1980 submitted a Report to the President of India recommending reservation for socially, educationally, economically and unemployed members of 3743 OBC. In that Kerala, Pondichhery and Delhi’s poor Brahmins, Vaisya of Kerala, Andhra Pradesh’s Maratha, Jaat of Punjab, Assam’s Rajput, Maharashtra and Uttar Pradesh’s backward Muslims, Delhi’s some Mahar community, Orissa’s some Gaund etc. are included in the OBC.
Founder of Bahujan Samaj Party (BSP) late Shri Kansi Ram, who was a body builder by profession and who hailed from Valmiki Caste, had published the Mandal Commission Report through out India from 1981 to 1990 which has given rise to a new thinking about rural and cities’ OBC Reservation. In Brahmapuri (District: Chandrapur) in 1989, an All Party Meeting was arranged under the Leadership of M.L.A. Namdevrao Donadkar. For that, S. D. Meshram, N. D. Thakur, Hemant Meshram, Gopal Randive, Prabhu Lokhande etc. of BSP workers worked very hard. They discussed about fulfilling of Dr. Ambedkar’s dream of OBC Reservation. Ultimately, under the leadership of Deputy Prime Minister Devi Lal, Shri Kanshi Ram arranged an Awareness Campaign (Kissan Rally) in Delhi’s Ram Leela Ground on 2nd August 1990. At the Rally, former Prime Minister Shri V. P. Singh assured implementation of the Mandal Commission Report. At last, as a result, Shri V. P. Singh declared implementation of the said Report on 7th August 1990. But the Opponents declared that the Report will not be implemented in Army, Navy and Air Force. It was declared by Brahmins Manch to implement it to the extent of 50% to 60% only. However, it was Shri Kanshi Ram who declared that the Report, either in half or wholly, should be implemented.
It is said that as against 27% Reservation, late Shri Rajiv Gandhi, Lal Krishna Advani and other saffron Leaders have opposed the implementation in writing in Parliament. Both Congress and BJP came together and opposed implementation of the Mandal Commission Report. Upper Caste Brahmins, Shatriya and Vaishya Mandals took out Morcha. BJP’s Petroleum Minister Ram Naik brought stay against the implementation of the Mandal Commission Report from the Supreme Court. Congress M. P. Shri Vasant Sathe started a fast unto death, opposing implementation of the recommendations of the Mandal Commission Report. Agriculturist Panchpran Joshi Bhuvani quoted from Kautilya’s outdated and irrelevant Arthasastra, Part-2, “Blood will ooze out if Mandal Commission Report is implemented”.
On 16th November 1992, however, the Supreme Court ultimately put a seal of 27% reservation for OBCs of both Hindus and non-Hindus of around 52% of the total population in India. In other words, as against 52% OBC population, only 27% reservation is approved by the Supreme Court of India. The Mandal Commission Report states that the States which have already introduced reservation for OBCs exceeding 27% will remain unaffected by its recommendations. With the general recommendation regarding the quantum of reservation, the Mandal Commission proposed various other overall schemes of reservation for OBCs. Despite the recommendations, as per National Sample Survey Organization (NSSO), 30.1% Dalit Christians live in Rural India belonging to Below Poverty Line category with a monthly per capita expenditure of less than Rs.356.30 – the Bench mark for rural BPL and 32.3% Dalit Christians live in Urban Areas belonging to Below Poverty Line category with a monthly per capita expenditure of less than Rs.538.10. Based on natural justice and fairness, the Dalits in the country including Dalit Christians, taking into consideration their economic backwardness and poverty, are entitled to be included in the OBC or S.C. category. The present ruling Dravida Munneta Kazhaham Party headed by “Kalinger Tilakam” and Chief Minister of Tamil Nadu Thiru M. Karunanidhi has accorded 3.5% reservation for Dalit Christians including economically poor and backward members of the Christian Community in Tamil Nadu State including in all its parts or corners. This is a welcome step in the right direction which requires emulation and implementation to the hilt without any kind of deliberate diversion or corruption through out India if the economically poor and backward members of the said community are to be uplifted economically, like the economically poor members of other communities in India. Change of one’s religion is no ground to deny him the benefit of the so-called economic efforts being made to improve his lot by the Central or State Governments. Christians reportedly account for 2.36% of India’s population. This figure may not be accurate but requires to be properly verified for ascertaining correctly the numerical strength of the Christian community in India. 18% out of 1 billion plus population in India are reportedly Religious Minorities. Since partial 27% reservation is not meant for higher education, India’s Human Resources Development Minister Shri Arjun Singh before 2006 Election declared not to implement the 27% reservation accorded to OBC by the Hon’ble Supreme Court of India. But, however, in the year 2007-08, he declared 15% reservation in Higher Educational Institutions for members / students of upper caste OBC.
For the said 15% reservation for upper caste OBC members / students, Mr. Arjun Singh took out a Morcha and highlighted it through T. V. Channels.
Reservation is only for entry. Exam is for all. What about those OBC members / students fared well in Exams ?.
It is also stated that even S. C. 15% and S. T. 7.5% reserved posts are not filled fully and completely. Apart from a number of sub-castes under the category S. C. and S. T., there is a categorization of about 6743 OBC now in India. Categorization should therefore provide ‘Sarva Samaj’ an opportunity to represent proportionately both for Reservation and Representation according to their numerical strength, particularly to the economically poorest of the poor amongst them. Reservation and Representation should include the members of the Religious Minority Communities (R. M.) also, such as Muslim, Sikh, Parsi, Jain, Budhist, and Christian who are systematically kept away from Parliament and State Assemblies so far. The population of S. C., S. T., OBC and R. M. constitute the vast majority of about 90% population in India. They have been hitherto ruled by the 10% upper caste minority population for the last over 60 years in the free, democratic, sovereign and independent India. In other words, the vested economic interests and the rule of the minority population have prevailed so far, instead of the rule, welfare and economic interest of majority population.
In Lokmat dated 24th June 2005 Shri Sushilkumar Shinde stated that out of 3,00,000 jobs meant for backward caste people, he has filled up 1,18,000 posts. That means, remaining 1,82,000 posts are not fulfilled.
In 17-6-2006 Samrat, President of Constructive Morcha Shri Krishna Ingale stated that in Maharastra, Government has declared a List dated 6-5-2006 as per which 1,10,000 posts are filled, 10,00,000 promotion posts are filled. Now a balance of 1,40,000 posts have remained to be filled.
In 15-2-2006 Samrat, Prof. B. S. Kale gave details of employment position as follows :-
Sr. No. Departments Total Brahmins S.C. / S.T. OBC
posts should be / avail. should be /avail. Should be/ avail.
1. President’s
Sachivalaya 49 7 45 11 4 25 5

2. Vice President’s
Sachivalaya 7 15 7 2 0 4 0

3. Cabinet
Sachivalaya 20 3 19 4 1 11 0

4. Prime Minister’s
Karyalaya 35 5 33 8 2 18 0

5. Agri. & Irrigation 274 41 249 72 15 142 0

6. Defence 1379 207 1331 319 48 719 0
7. Social, Health 209 31 192 47 17 101 0
8. Finance
Mantralaya 1008 151 142 227 66 424 0

9. Housing 409 78 377 12 19 213 13
10.Natural Gas &
Petroleum 121 18 112 27 09 63 0

11.Shram
Mantralaya 74 11 70 17 4 38 0

12.Rajyapal &
Uparajyapal 274 25 7 14 6 00 00

13.Videsh Rajdoot 140 21 140 31 00 73 00
14. Vidyapeet
Kulguru 108 16 108 24 00 53 00

15 Mukyasachiv
Karyalaya 26 4 26 7 00 14 00

16. High Court
Judges 330 50 326 74 4 172 00

17 Supreme Court
Judges 23 3 23 7 00 14 00

18. Sannidhi
Adhikari 3600 540 2950 810 600 1872 50

Although in the independent, free, sovereign and democratic India, the majority population rule has been adopted over minority population, for last over 60 years what has happened is just the reverse, that is, the minority 10% people have ruled over the rest 90% majority population which has resulted in the present day state of affairs. “Vote Hamara Raj Thumara Nahi Chalega” and a complete change (Parivarthan) in the pattern of rule in India is called for. When the ‘Bahujan Samaj’ consisting of S. C., S. T., OBC and R. M. population of about 90% will realize their right to rule India over the remaining 10% minority population, then, they will certainly work united and rule over the entire India as a whole as per the democratic majority rule adopted in India. Without asking, the vast majority of the population should also get equal right to free basic education, jobs, food, clothing, and housing, etc. in the free, sovereign, democratic and independent India as that of the upper caste minority population. For achieving this high objective, The Bahujan Samaj Party (BSP) will have to take along with it the people of Savarn Samaj (upper caste) by getting them together on the basis of brotherhood and will have to establish a SAMTAMULAK SAMAJ VAYAVASTHA as per the thinking of Dr. Ambedkar in the true sense of the term and will have to solve the poverty, hunger, starvation deaths, unemployment and other fundamental problems being faced by the vast majority of the people of India.
BSP which is a recognized National Political Party, is committed to the Phule-Sahu-Ambedkar ideology and might not want to use its energy for the improvement of a few individuals only. The main objective should be to raise uniformly the status of the Indian Society and not for personal gains of a few individuals alone. This objective is yet to be accomplished in India. It is committed to work to achieve this objective. All the supporters, followers and well wishers of BSP must fully devote themselves to the honourable cause and give their blessing to strengthen the party so that the motto of ‘SARVJAN HITAY, SARVJAN SUKHAI’ may be given full expression in the country in which the welfare of all classes or communities of the Indian Society with particular emphasis to the most backward sections or members of them, is ensured and make India as a Super Power in the world and today, it is the BSP Leadership alone which has an abundance of will power to fulfill the same transparently and no other political party in India has this capacity, guts or ideology.

JOSEPH NADAR
.