Professional Documents
Culture Documents
Social Justice and Harmony
Social Justice and Harmony
DEVELOPMENT
ADMINISTRATION IN
TAMIL NADU
11
A collection of Samacheer
Subjects compiled according
to the TNPSC syllabus
Combined Civil Services Examinations
TNPSC
TNPSC group- I, ii, IV │ UNIT-IX (DEVELOPMENT ADMINISTRATION IN TAMILNADU
group-I, ii, iv
(Interview Posts and Non-Interview Posts)
General Studies
(Preliminary Examination)
UNIT -IX
DEVELOPMENT ADMINISTRATION IN
TAMIL NADU
CHAPTER - 5
Social Justice and Social Harmony as the Cornerstones of Socio-
Economic Development-Rationale behind Reservation Policy and
access to Social Resources
13 Social Justice
Learning Objectives
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Article 15 (4) of Indian Constitution different groups of religion, race and other
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In such a democratic atmosphere,
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achievements and talents. It should 13.3 Just Distribution
not be on the basis of social identities.
When we agreed to the idea that
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our constitution has the obligation of This clearly conveys the meaning
TNPSC group- I, ii, IV │ UNIT-IX (DEVELOPMENT ADMINISTRATION IN TAMILNADU
ensuring one of the finest promises of our of what is the aim of providing equal
constitution itself – bringing in equality opportunity. When modern education
to our society. Therefore, it is legal, becomes the most significant resource
constitutional and moral on the part of and employment in government sector
the government to create a level playing remains a major source of livelihood,
ground for all its citizens especially those the concept of level playing ground or
who have been historically denied basic equal opportunity was advocated and
rights. subsequently this idea became an integral
part of our constitutional apparatus.
This level playing field or what we
popularly call ‘equal opportunity’ must There are several opinions in this
not be treated either as charity or as regard. How should we distribute the
philanthropic gesture of the government. resources and ensure equal opportunity/
It is the obligation on the part of the fair access to education and jobs to all
government to treat people differently in especially to the disadvantaged groups.
order to ensure Justice; more importantly Many especially people from the so called
it is a fundamental right enshrined in the upper echelon of the society tend to think
constitution for disadvantaged people to of treating people differently in order
seek legal, constitutional remedy. to ensure just distribution effectively
Similarly, level playing ground is aimed at amounts to discrimination. This opinion
creating equal opportunity only in slowly and steadily invokes strong passion
education and employment opportunities and at times results in violence too. The
for the disadvantaged communities. In fear of losing educational and employment
many realms of our everyday lives, there is opportunities among the privileged
virtually no demand from the marginalized communities was steadily growing as
sections to provide a level playing ground. the government planned to ‘reserve’
seats for people from marginalized and
underprivileged communities as part of
DEBATE its equal opportunity plan.
The idea of ‘merit’ would be
Do people ask the Government invoked by the privileged sections of
to provide a level playing field in our country to argue that any attempt
sports? to ‘reserve’ seats for the underprivileged
people would strongly damage merit
Does anyone seek similar
based output of our education system;
intervention from the government
thus it would subsequently affect the
in Private sectors, Armed forces?
professional abilities of the candidates.
Does anyone demand that people But as students of political theory, we
must be treated differently in our must be able to dispassionately examine
criminal procedural system? the issues involved in our quest to
understand Justice. Do you first of all
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agree that some interventions are required B. Common Ownership Theories
The substantial point of debate while It defines just distribution when land
studying the concept of Justice would be or any other resources disbursed must be
how the resources would be distributed historically justified. Individuals who have
to all section of the society. In order to never had the ownership of land or other
understand this point more clearly let us resources can appropriate it by voluntary
dwell upon a few important perspectives transfer between and among themselves.
on the issue of Justice. In conventional Transfer of resources, for them, must be
understanding of politics, there are a few absolutely voluntary.
major theories of Justice being discussed
All these perspectives as it is evident from
at length. Equality of Resources, Common
the brief description do focus on both
Ownership theories and Entitlements are
resources and human ability. Resources
often referred while discussing Justice.
could be for example, land as well as
A. Equality of Resources knowledge; human ability also plays a
vital role for some theorists. There is a
This perspective defines distribution
grand consensus that Justice in a society is
of resources to be just; that is to say, if
possible only when it becomes distributive
every individual has the same effective
rather than retributive. How do we define
resources that amounts to Justice. If, for
retributive justice?
some given work, each person obtains the
same amount of wage or reward, that is D. Retributive Justice
how we must realize Justice. If inequality
exists it is singularly the result of individual The concept of retributive justice is
choices – to be a productive earner or to often invoked in several contexts. One can
be a person of leisure. This perspective understand the framework of this form of
effectively rejects self-ownership and justice by following certain principles.
resource ownership but strongly advocates
only responsibilities and obligations. i). Those who have committed wrongful
acts, serious crimes do deserve harsh
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punishment quite proportionate to in our Indian context to realize the spirit
their crime. of Justice. Of all these perspectives, the
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and anti-human thinking", exclaimed other benefit-less offices. They were not
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Often, these people are disadvantaged for program in each executive department
historical reasons, such as oppression or and agency". In the U.S., affirmative
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Labour. Employment Equity also forms British Empire. Laws like ‘Ryotwari’ were
part of a company's Black Economic made. Moreover, tax collecting system
TNPSC group- I, ii, IV │ UNIT-IX (DEVELOPMENT ADMINISTRATION IN TAMILNADU
Russia
Quota systems existed in the USSR
for various social groups including ethnic
minorities, women and factory workers
for access to university education, offices
in the former Soviet union.
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153
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British India in the end part of 19th efforts in Maharastra for educating the
century supported Brahmin development depressed and downtrodden communities.
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representation was passed and State wide protests erupted in
implemented in all the government Tamilnadu against the Verdict. E. V.
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In 1979, Social Welfare Department In opposing this order, Indira
of Tamilnadu Government issued an Sawhney, filed a suit stating the order
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22
The Government of India appointed the 2nd Backward Classes Commission
in 1979.It was headed by B.P.Mandal. Hence it was popularly known as Mandal
“I know much labour has gone into the writing of this report. But let me tell you
that today we have performed its immersion (visarjan) ceremon.”
Next ten years, the report lay in the Home Ministry’s office. Report was dusted
up by the then National Front Prime Minister Vishwanath Pratap Singh (1931 – 2008)
for implementation in 1990. Mandal Commission report became the single-most
burning topic of controversy and heated discussion. There was total confusion in the
national political arena and V.P. Singh was accused of indulging in the worst form
of opportunism. No major political party supported the implementation of Mandal
Commission recommendations.
Some section of people and associations opposed to this order filed a number of
cases in the court. Eleven judges of the Supreme Court heard arguments of both sides
and by a majority, the Supreme Court judges in 1992 declared that this was valid.
At the same time the Supreme Court asked the government to modify its original
order. It said that well-to-do persons among the backward classes should be excluded
from getting the benefit of reservation. Accordingly, the Department of Personnel
and Training issued another Office Memorandum on September 8, 1993. The dispute
thus came to an end and this policy has been followed since then.
One of the major recommendation made by the commission was that, besides
the SCs and STs, for other backward classes which constitute nearly 52% of the
population, 27% government jobs are be reserved so that total reservation for all,
SC,ST and OBCs, amount to 50%.
159
submitted, except that it was discussed in the Houses of Parliament twice, once in
1982and again in 1983.
On August 13, 1990, the V.P.Singh Government at the Centre issued an office
memorandum accepting the Mandal Commission recommendation and
announcing 27% reservation for the socially and educationally backward classes in
vacancies in civil posts and services under the Government of India.
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25
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