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Polity & Governance
Mahesh

27/10/23 06:59 AM IST

The T.N. experience on caste survey

In News
  • The Bihar caste-based survey has spurred nationwide calls for a similar census and discussions about exceeding the 50% reservation limit.
Second BC commission
  • The panel was constituted with the former Chairman of the Tamil Nadu Public Services Commission, J.A. Ambasankar, as the head. The BC panel submitted its report to the government in February 1985.
  • The Socio-Educational-cum-Economic Survey was conducted in two stages during 1983-84.
  • In the first stage, a cent per cent door-to-door enumeration was conducted for the enumeration and classification of BCs.
  • This was decided as the Ambasankar Commission found that the previous panel - one headed by Sattanathan - took into account only the 1921 Census, when 88 communities were enumerated as against 31 in 1931, and projected it over 50 years to arrive at the caste-wise population.
  • The Commission had worked out that the population of the BCs was 3,35,70,805, accounting for 67.15% of the State’s overall population.
  • In March 1989, an exclusive quota - 20% - was provided for MBCs and DNCs within the total share of BCs of 50%.
  • The Commission held a 5 per cent random sample survey of students in 37,000 schools along with a survey of students in all 232 colleges and seven universities.
Recommendations
  • The panel wanted the quantum of reservation for BCs to be brought down to 32% so that the overall figure did not exceed the 50% ceiling, the dissenting members had argued that as the population of BCs was about 67%, the quantum should be at least 50%. 
  • The Chairman had insisted that all those found eligible for quota under Article 15(4) (which deals with special provision for the advancement of any socially and educationally backward classes of citizens or for the SCs and STs) “will not be automatically entitled” to reservation in appointments under Article 16 (4) (which talks of making reservation in jobs for any backward class that is “not adequately represented” in public services).
  • So, he was for two separate lists of BCs, one under Article 15(4) and another under Article 16(4). But, the members had all favoured only one list.
  • They asserted that “social backwardness and educational backwardness are inseparable and intertwined.
  • From seeing certain families in certain Backward Classes occupying jobs and employment cannot mean educational advancement of their respective communities. Educational benefits contemplated under Article 15(4) are the means and the benefits under Article 16(4) to get [a] job is the end.”
  • The government also did not agree with the recommendation of deletion of 24 communities even though it toed the line of the panel for the inclusion of 29 communities.

Supreme Court’s judgment in the Mandal Commission case in 1992
  • Backward classes under Article 16(4) cannot be identified on the basis of economic criteria but the caste system also needs to be considered.
  • Article 16(4) is not an exception to clause 1 but an instance of classification as envisaged by clause 1.
  • Backward classes in article 16(4) were different from the socially and educationally backward mentioned in Article 15(4).
  • The concept of a creamy layer was laid down and it was directed that such a creamy layer be excluded while identifying backward classes.
  • Article 16(4) does allow the classification of backward classes into backward and more backward.
  • Reservation shall not exceed 50 percent, moreover, reservation in promotions shall not be allowed.
  • Any new disputes regarding criteria were to be raised in the Supreme Court only.
Source- The Hindu

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