Reservation in BJP Government: A Viable Path or Merely a Political Maneuver?

The current Bharatiya Janata Party (BJP) government in India faces intense pressure to provide reservations for communities like Patel, Jaat, and Maratha. These communities are among several groups that have been demanding quotas for affirmative action. This article delves into the legal and constitutional hurdles the government might face and suggests a potential process to legitimate these reservations.

Legal and Constitutional Challenges

Many state governments in India have historically succumbed to such demands and announced reservations. However, the Supreme Court of India has often declared such measures unconstitutional unless they are supported by robust evidence and adhere to specific constitutional mandates. For instance, the last successful implementation of reservations was for Other Backward Castes (OBCs) based on the criteria set by the Mandal Commission.

Mandal Commission and the Criteria for Backward Classes

The Mandal Commission, established in 1979, played a pivotal role in identifying which castes were backward and in need of affirmative action. The commission defined backwardness as a score of 50 out of a possible 22 points, based on social, educational, and economic status indicators. Castes scoring above this threshold were designated as backward classes and recommended for reservation. The government, after a decade of dormancy, finally implemented the recommendations only after a legal challenge, which was upheld by the Supreme Court.

Steps to Implement Reservations

Step 1: Assessing Socio-Economic Status

The government currently has access to the Socio-Economic Caste Census (SECC) 2011 data, which can be used to identify under-represented communities. By commissioning a detailed study of this data, the government can assess the socio-economic-educational status of groups like Patel, Jaat, and Maratha. Only through such evidence can a case be made for their inclusion in the reservation quota.

Step 2: Constitutional Amendments for Flexibility

Historically, the Constitution has placed a limit on the reservation quota at 50%. However, amending the relevant articles to remove the word 'special' provisions can potentially bypass this restriction. Amending the Constitution to uphold affirmative action measures beyond the 50% limit would allow for greater flexibility. The Supreme Court has already argued that a 'special' provision cannot exceed 50%, so such amendments would be necessary to address this legal challenge.

Step 3: Establishing a Review Committee

A review committee, formed to reassess socio-economic-educational status, can help add more castes and quotas in the long term. This committee’s recommendations, if challenged in the courts, might still be accepted, ensuring ongoing legitimacy. However, the current government might not be inclined to undertake this process, as evidence suggests that these communities might not meet the Mandal Commission criteria for backward classes.

Obstacles and Realities

Already, there are efforts to undermine the credibility of the SECC 2011 data, reflecting the political sensitivities surrounding caste-based reservations. Given the strong opposition and the complex social dynamics in India, no government in power is likely to publish this data fully, fearing social unrest. Thus, the path to legitimate reservation through constitutional means is fraught with obstacles.

In conclusion, while the government can take steps to assess and legitimize these reservations, the current political and social challenges make it a formidable task. The process, if pursued, would require stringent evidence and constitutional amendments to navigate the legal and political landscape effectively.