4/2/24, 10:39 AM Reservation Is About Adequate Representation, Not Poverty Eradication

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OPINION LAW

Reservation Is About
Adequate Representation, Not
Poverty Eradication
Kailash Jeenger
18/May/2020 5 min read

The idea behind reservation was always to disavow caste-

monopoly in the public sector.

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upliftment of Dalits and, therefore, those who have become
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4/2/24, 10:39 AM Reservation Is About Adequate Representation, Not Poverty Eradication

social upliftment of some of the SCs and STs, but they SECURITY
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other backward classes.

In our opinion, it was rightly urged by Dr. Rajeev

Dhawan that the Government is required to revise the
lists. It can be done presently without disturbing the
percentage of reservation so that benefits trickle down to
the needy and are not usurped by those classes who have
come up after obtaining the benefits for the last 70 years
or after their inclusion in the list.”

The observation was made by a five-judge bench headed by

Justice Arun Mishra in Chebrolu Leela Prasad Rao & Ors. v.
State of A.P. and Ors. on April 22, 2020. The economic angle to
reservation is explicit in the above observation. Let us
investigate whether the views correspond to the intention of
the constitution-makers. Article 16(4) of the constitution of
India which provides for reservation reads as follows:

“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.”

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Article 16(4) renders it clear that reservation was enacted to

ensure adequate representation of backward classes in the
public services. A corollary to adequate representation is
“sharing of state power”, and the same was accepted as an
objective of the provision in the Indra Sawhney (1992)
judgment. Sharing of state power by the downtrodden was
necessary because at the time of independence, the
administration had been controlled by one community or a
few communities only, as Ambedkar pointed out before the
constituent assembly. However, why could the other
candidates not join public services?

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4/2/24, 10:39 AM Reservation Is About Adequate Representation, Not Poverty Eradication

The delegates present in the constituent assembly enumerated

different reasons for it. For instance, R.M. Nalavade and P.
Kakkan shared their experiences and said that Harijans and
candidates of other depressed classes are not selected.
Explaining the saga of discrimination, H.J. Khandekar stated
that:

“The condition is so deplorable that though the

candidates of the scheduled castes apply for certain
Government posts, they are not selected for the posts
because the people who select the candidates do not
belong to that community or that section.”

Thus, it was not economic poverty but caste that accounted

for their deprivation of government jobs. In such a situation,
reservation was the only option to ensure entry and adequate
representation of the candidates of SCs and STs in the state
apparatus. Realising the inevitability of reservation, A.A.
Khan opined before the constituent assembly that,

“…in case state services are monopolised by one

particular class, then others might think that their
existence has been ignored. This very idea will become a
source of creating unpleasantness in the country”.

Thus, in no case was reservation seen as a device to eradicate

poverty, nor was it demanded in favour of the economically
poor. It was brought in because without reserving a certain
number of posts, the selection bodies which were monopolised
by the so-called upper castes, would not recruit Dalits due to
their ingrained class-bias.

In this context, another lingering question arises over how to

define the expression “backward class” under Article 16(4) for
whom reservation is to be provided. Though, Article 16(4)
leaves it to the state to determine (by using the words “in the
opinion of the state”), however, the drafting history of the
provision may be a useful source to interpret the meaning of
the term “backward class”.

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4/2/24, 10:39 AM Reservation Is About Adequate Representation, Not Poverty Eradication

Before the assembly, some members suggested that SCs, STs

and Harijans are “backward classes”, while others advocated
few tests, such as inability to protect one’s interests; and
social, educational or cultural backwardness. A few of them
also emphasised upon economic and religious backwardness,
however, reading the negotiating history of Article 16(4) as a
whole, as explained above, it is evident that economic
backwardness was neither an independent nor a dominant
factor to qualify for reservation. In this connection, the nine-
judge bench affirmed in the Indra Sawhney (1992) judgment,
that in the enactment of Article 16(4),

“…the accent was upon social backwardness. It goes

without saying that in the Indian context, social
backwardness leads to educational backwardness and
both of them together lead to poverty—which in turn
breeds and perpetuates the social and educational
backwardness.”

The bench further held that:

“…by the speeches of Dr. Ambedkar and Shri K. M.

Munshi, it was made clear that the “class of citizens…not
adequately represented in the services under the State”
meant only those classes of citizens who were not so
represented on account of their social backwardness.”

Thus, the entire debate on reservation centred around social

backwardness and the victims of various forms of caste-based
discrimination. Sadly, such people were bound to be poor too.
Therefore, reservation was never aimed at economic
empowerment of the poor. The idea was always to disavow
caste-monopoly in the public sector.

Besides the economic criterion, the members of the

constituent assembly also discarded the proposals to permit
reservation in a time-bound frame and envisaged its
continuity until factors causing social backwardness e.g. non-
representation or poor share in the state services come to an
end.

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4/2/24, 10:39 AM Reservation Is About Adequate Representation, Not Poverty Eradication

The constituent assembly, in one of its meetings. Photo: Journal of Indian

Law and Society/The Wire

The issue of cessation of social backwardness needs to be

analysed with respect to the Supreme Court’s recent opinion
on the revision of reservation lists. The five-judge bench
opined, though without presenting any empirical data, that
now there are “affluent and socially and economically
advanced classes” in SCs and STs also, who should no more
be permitted to avail reservation. This opinion needs to
undergo a reality check.

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Are the SCs and STs adequately represented in the higher

echelons of the civil services, academia, judiciary – both the
Supreme Court and the high courts – police, policy-making,
and other public services? Does employment in lower cadres
indicate economic affluence and the end of social
backwardness? Has caste-based discrimination been
completely wiped out from the Indian society? Has upper-
caste monopoly in public institutions vanished in its entirety?

The answers to all these questions is a big “no”. In fact, the

appointment of a Dalit judge in the Supreme Court after
almost a decade and his critical absence in the five-judge
bench deciding on reservation is telling of the misery of
affluence and representative character of the public
institutions.

It is during crucial moments like this, that we feel compelled

to recall the rich traditions of the constituent assembly where
the depressed classes were not just represented by their
delegates, but they even permitted extra time to voice their
concerns. During the deliberation on the drat article relating
to reservation, Khandekar rose before the assembly and
urged that:

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4/2/24, 10:39 AM Reservation Is About Adequate Representation, Not Poverty Eradication

“The speakers here are mostly Harijan speakers and they

require some time to explain the situation. I would
therefore request you (the Chair) to increase the time
limit so that they can explain and support this article
very well.”

The vice president agreed to the request.

(I am thankful to Anumeha Mishra, Haris Jamil and Sujith K.

for their suggestions.)

Kailash Jeenger is assistant professor, Campus Law Centre,

Faculty of Law, University of Delhi.

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