Skip to main content

Hamletian Dilemma

At a Cabinet meeting held few days ago the Karnataka Government decided to conduct a fresh socio-economic and educational survey in order to revisit the reservation policy in the State. This effectively means that the Jayaprakash Hegde Commission’s recommendations, formulated on the basis of the findings of the survey conducted during the tenure of Kantaraj Commission, may not see the light of the day. This decision seems to have been taken after the intervention of the central leadership of the Congress Party. In this essay, I wish to share a few thoughts on this decision.

The Government’s Explanation & its Relevance

Addressing a Press conference after the Cabinet meeting, Karnataka Chief Minister Mr Siddaramaiah cited Section 11 of the Karnataka State Commission for Backward Classes, 1995, as the reason for the decision to conduct a new survey.

Section 11 of the Karnataka State Commission for Backward Classes Act, 1995 is as follows:
11. Periodic revision of lists by the State Government.- (1) The State Government may at any time, and shall, at the expiration of ten years from the coming into force of this Act and every succeeding period of ten years thereafter, undertake revision of the lists with a view to excluding from such lists those classes who have ceased to be backward classes or for including in such lists, new backward classes.
(2) The State Government shall, while undertaking any revision referred to in subsection (1), consult the Commission.

A plain reading of this section tells that the Act mandates the State Government to revise the OBC List, if required, on a decadal basis, in consultation with the State Commission for Backward Classes. Numerous Supreme Court judgements in matters pertaining to reservation have also asserted that sufficient empirical data is required to support the claim of backwardness of a particular caste. The State Government has used this yardstick to justify its decision to conduct a new survey.

While I have no objection to the State Government’s decision to have another survey, I don’t see any reason, to the best of my understanding, as to why a new reservation policy cannot be implemented in the interim period, on the recommendations of the Jayaprakash Hegde Commission, which is based on the socio-economic and educational survey conducted in 2015 by the Kantaraj Commission. This opinion isbased on the following reasoning: As mentioned in Section 11(2) of the Karnataka State Commission for Backward Classes Act, 1995, the State Government is mandated to revise the OBC List in consultation with the Commission. Currently the Karnataka State Backward Class Commission is functioning only with the Chairman. The members of the Commission are yet to be appointed. It is very likely that the process of appointing members of the Commission and conducting the new survey, based on which the Commission will be expected to submit a new report, will at-least a couple of years, going by the time taken by the Commission to submit its report on the 2015 survey.

Questions about the Authenticity of the 2015 Survey

Ever since the Jayaprakash Hegde Commission submitted its report, questions have been raised on the authenticity of the 2015 Survey, based on which the Commission has formulated its recommendation. The questions have not only been raised by the Opposition BJP and JDS, but questions have also emerged from within the state Congress. It is also a fact that most of the Opposition is from the two dominant communities in Karnataka, the Vokkaliga and the Lingayat community.

While it is the legitimate right of any community to raise questions on the authenticity of Survey, most of those opposing the findings of the Survey have not given any scientific reason to support their arguments opposing the Survey. Some arguments, to the best of my knowledge, seems to be only because as a political fallout the 2015 Survey, the political dominance of the Vokkaliga and the Lingayat communities is expected to reduce.

Dilemma within Congress Party

Chief Minister Siddaramaiah had publicly defended the authenticity of the report and ensured that it was tabled in the Cabinet soon after the AICC Session in Ahmedabad in April this year. However, It is no secret that some senior Ministers and leaders of the Karnataka Congress are not in favour of implementing the recommendations of the Jayaprakash Hegde Commission’s report. Mr DK Shivakumar, Deputy Chief Minister of Karnataka, who is also the President of the KPCC, has adopted a ‘neutral’ approach ever since the report was tabled in the Cabinet, by not making any public statement in favour or against the report. Some leaders of the Congress hailing from Vokkaliga and Lingayat community have openly opposed the report.

Leader of Opposition in the Lok Sabha Mr Rahul Gandhi has been championing the cause of Caste Census since the Bharat Jodo Yatra. It was also a party of the Congress Manifesto for the 2024 Lok Sabha election. Congress Government in Telangana undertook a socio-economic and educational survey in the State and has revised the reservation policy in Telangana. But when it comes to Karnataka, the Congress High Command has not been able to fulfil this promise.

While Mr Rahul Gandhi and Mr Siddaramaiah have publicly made statements in favour of upholding social justice, the party seems to be apprehensive about antagonising the Vokkaliga and Lingayat community by implementing the Jayaprakash Hegde Commission’s report, which is based on the 2015 survey.

However, the Party must also remember that such flip-flops might result in some of the AHINDA communities moving away from the Party.

The Way Ahead

Going forward, my opinion is that the Congress led Government in Karnataka must consider giving in-principle approval to the Jayaprakash Hegde Commission’s report till the new survey is conducted and a report based on its findings is submitted. The Chief Minister should also consider convening a special session of the Assembly so that people of the State knows who stands where as far as the report is concerned.

As of now, it appears that the politically dominant communities seems to have prevailed over the Congress High Command in ensuring that decision on this issue is deferred at-least for now. But will the Congress party defy pressure and fulfil its promise of ensuring social justice well before next Assembly election? Only time will tell.


*AHINDA is a Kannada acronym widely used to depict SC, ST, OBC and Minority communities

Comments

Popular posts from this blog

THE SABARIMALA JUDGEMENT: PROGRESSIVE OR OVER-BOARD? (Part 2)

  In the earlier part , I had provided a brief background to the case that was before the Court, the issues/questions that were placed before the Constitution Bench for its consideration, and the Judgement delivered by the Bench. In this part, let us explore those four questions and a few other aspects of the Judgement. Maintainability   Students of Law who are reading this blog might laugh at this point: how could maintainability be taken seriously in a PIL? Justice Indu Malhotra answers this question in her dissenting judgement:   (P. 7.2) “ The right to move the Supreme Court under Article 32 for violation of Fundamental Rights, must be based on a pleading that the Petitioners’ personal rights to worship in this Temple have been violated. The Petitioners do not claim to be devotees of the Sabarimala Temple where Lord Ayyappa is believed to have manifested himself as a ‘Naishtik Brahmachari’. To determine the validity of long-standing religious customs and usages ...

THE SABARIMALA JUDGEMENT: PROGRESSIVE OR OVER-BOARD? (Part 1)

  On 28 September 2018, a five judge Constitution Bench of the Supreme Court lifted the ban on entry of women between the age group of 10 to 50 years into the Sabarimala Temple in a 4:1 majority decision. While many have welcomed and celebrated the verdict, it has given rise to spontaneous protests across Kerala, some of which are being led by women themselves. This judgement is very important as it will be quoted extensively in other cases that are already before the Court or in ones that would come up before the Court in future. Therefore, it is important to examine this question: Was the judgement progressive or did the judges go over-board? The Background The case started with a Public Interest Litigation (PIL) filed in the Supreme Court by a registered association called Indian Young Lawyers Association. In their petition they challenged the Constitutional validity of Rule 3(b) of the Kerala Hindu Places of Public Worship (Authorisation of Entry) Rules, 1965, which restr...

THE STATE OF EDUCATION IN INDIA [PART 2]

Last week, I had written about the cracks in our education policy. In this blog I wish to look at the possible policy actions that can plug these loopholes. Access The number of students enrolled in primary and secondary school is way below global average. Therefore the focus of the policy makers must be on increasing the Gross Enrolment Ratio (GER). The Right to Education Act, 2009 has done a great deal in making enrolment in primary schools nearly universal. The trends noticed thereafter suggest that the children tend to drop out when they reach high school. Therefore the best policy approach, atleast for the foreseeable future, would be to amend the Right to Education Act and expand its scope upto Class 12. A rights/entitlement based approach is the best way forward for now. Quality To enhance quality we have already embraced e-learning, however it is a well-known fact that internet penetration in our country is very low. To enhance the use of ICT in schools, the go...

Agenda 2019: NYAY for Jammu & Kashmir

Four phases of the world’s biggest democratic exercise – elections to the 17 th Lok Sabha – have been completed. The ruling Bharatiya Janata Party led by Mr Narendra Modi are extensively banking on the National Security plank to get back to power for one more term. Mr Modi has been saying since the first day of campaign that he has used an ‘Iron Fist’ in dealing with Pakistan. He refers to the surgical strikes done by the Indian Air Force in Balakot as an example of his tough policy. Despite bringing National Security issues to the fore, he refuses to speak about one of the biggest security challenges: Jammu and Kashmir. In my previous essays: ‘ Pulwama Attack: Time to Raise a Few Questions & Explore the Reasons ’ and ‘ The Turmoil In India’s Paradise ’, I have written in detail about the current Government’s policy with respect to Pakistan and Jammu and Kashmir. In this essay I wish to share what I feel the new Government must do with regard to J&K. The Two Aspects...

'One Nation One Election': Feasibility and Impact on Democracy

I write this essay in the backdrop of the High Level Committee (HLC) on One Nation One Election submitting its report to the President of India on 14 March 2024. At the very outset, it seems like as if the Union Government had made up its mind on what the outcome of HLC would be at the time of Constituting the HLC itself. To substantiate this, I would like to draw attention to the Gazette Notification issued on 02 September 2023. The Gazette Notification itself has concluded that “ elections are held almost every year and within a year too at different times, which result in massive expenditure by the Government and other stakeholders, diversion of security forces and other electoral officers engaged in such elections from their primary duties for significantly prolonged periods, disruption in developmental work on account of prolonged application of Model Code of Conduct, etc.; ”.   Therefore, I firmly believe that the HLC could not attempt a dispassionate analysis of the pros a...

MODI-FICATION OF JAMMU AND KASHMIR: MASTERSTROKE OR MISADVENTURE?

On 5 August 2019, Home Minister Amit Shah announced in the Rajya Sabha that a Presidential Order would be issued to abrogate Article 370 of the Constitution of India, which provides special status to the state of Jammu and Kashmir. He further said that Jammu and Kashmir would be bifurcated into two Union Territories: UT of Jammu & Kashmir (with legislature) and UT of Ladak (without legislature). A resolution to this effect was passed by the Rajya Sabha on the same day. The Build-up Ahead of this announcement, the Union Government sent additional troops to the state to ‘maintain peace and order’ in wake of an ‘intelligence input’. They went to the extent of taking an unprecedented decision of suddenly cancelling the Amarnath Yatra. Mainstream political leaders like former Chief Ministers Omar Abdullah and Mehbooba Mufti were placed under house arrest, communication services were withdrawn and curfew was imposed (it continues even now). What is Article 370? Article...

Pulwama Attack: Time to Raise a Few Questions & Explore the Reasons

On 14 February, in one of the worst attacks on security forces in Jammu and Kashmir, a suicide bomber of the Jaish-e-Mohammed (JeM) rammed a car full of explosives into a CRPF convoy killing over 40 personnel. The attack sent shockwaves across the country and people transcended all barriers to stand in solidarity with the security forces. In a rare sight, all political parties pledged support to the Government in any retaliatory action it would initiate. At a time when almost everyone had refrained from politicising the martyrdom of our soldiers, the ruling establishment at the Centre left no stone unturned to score brownie points. From Amit Shah to Sakshi Maharaj, the intention was clear, to stroke sentiments ahead of general elections. But now, I think it is time to shed restraint and ask a few questions. Intelligence Failure It is now known that the Jaish-e-Mohammed had issued a video threat 48 hours before the Pulwama attack. Why did the Government ignore that threat?...

Bankruptcy of Ideas and Betrayal of Hope

Yesterday the Finance Minister Nirmala Sitharaman presented the Union Budget for 2025-26. It was her 8 th consecutive Budget and was presented amongst great expectations from the people. It was hoped that the NDA Government led by the Hon’ble Prime Minister Narendra Modi would come up with some concrete policies to help the country emerge from the current challenges it faces. The Economic Context The Union Budget was being presented at the backdrop of acute unemployment, rising inflation, rural distress, decline in manufacturing, stagnant incomes and declining savings. Data from the Centre for Monitoring Indian Economy (CMIE) shows that in 2022-23, youth unemployment was at 45.4% 1 . A study of the International Labour Organisation notes that graduates had an unemployment rate of 29.1% 2 . The Labour Force Participation Rate in rural areas increased from 24.6% in 2017-18 to 47.6% in 2023-24. While the increase in LFPR is good, we must not ignore that more women participation in ru...

THE TURMOIL IN INDIA’S PARADISE

Having been to the wonderful state of Jammu & Kashmir (J&K) and seen its people, I am extremely saddened by the way in which things are shaping up in the paradise of India. Since July 2016, J&K has been simmering with anger and exasperation. This has not happened overnight, the lava was slowly but steadily building up and Burhan Wani’s encounter just provided the trigger. Despite the fact that one of our state is in turmoil for nearly two years now, we as citizens, as a Nation, do not seem to have sensed the gravity of the matter. Unfortunately, even the Government of India doesn’t seem to have comprehended the situation. Day in and Day out we watch people shouting on prime time TV shows that J&K is an integral part of India, we heard the Prime Minister roar in the Parliament by making an hypothetical reference to J&K earlier this year; Ofcourse Jammu & Kashmir is an integral part of India! But are we as a Nation, as a society, awake and aware of the pain...

THE POLITICS OF TRIPLE TALAQ

Yesterday (i.e. 19 September), the Union Cabinet cleared the Muslim Women (Protection of Rights of Marriage) Ordinance 2018 which criminalises instant triple talaq. The ordinance was subsequently signed by the President. This Ordinance is a farce, a violation of certain principles of jurisprudence and most importantly it sets a dangerous precedent in legislation process. Let us look at each of these issues in detail. The Ordinance route The power to promulgate an Ordinance is an extraordinary power vested with the executive. Through the instrument of Ordinances, the government can make laws to meet urgent needs during a time when Parliament is not in session. However, such Ordinances have to be approved by Parliament within six weeks of the next session of the Parliament. On 23 July 2017, then President Shri Pranab Mukherjee, while addressing the Parliament made an observation regarding Ordinances which is as follows: “I am firm in the opinion that the Ordinance rout...