Wednesday 2 January 2013

Is SC/ST Constitutional Amendment Bill(117th) necessary evil!

The Supreme Court in the matter of M. Nagaraj case, while upholding validity of the Constitution amendments regarding reservation in promotion to the Scheduled Castes and Scheduled Tribes, has laid down certain pre-requisite conditions for providing reservation in promotion to SCs and STs, namely the State has to see about backwardness of the class, inadequacy of representation  and efficiency of administration.

To overcome the above pre-requisite conditions, the Government proposed to introduce a 117th bill to amend the Constitution. The Rajya Sabha has passed a Constitution amendment bill to grant reservation to SCs and STs in promotions in government jobs with an overwhelming majority of votes and bill is waiting before the Loksabha.

There are some legitimate concerns regarding the reservation in promotions for SC/ST. Do they really need reservations at promotion level too? Lets me put few pointers which I collected from various sources.

The worst affected in the present system are SC/ST officers for they generally join later(on an average 30 plus yrs) than general category officers due to lack of legitimate structural means, economic barriers and family obligations. If state doesn't provide proper means for them to reach top echelon of admin apparatus then historical disadvantages and widespread discrimination against them would continue to exist!

Supreme Court in one of the verdict assumed that, SC/ST castes per se is backward in terms of socio-cultural and economic deprivations and nature of marginalization they do suffer in the modern civilized Indian society in day to day life. Besides the reasons mentioned above, composition of groups and lack of sizable middle class in this mass community[1/4th of the Indian population] led to as of now there is no concept of creamy layer in SC/ST.

The number of posts of Secretaries or equivalent in the Government of India is 102. Among them, the number of officers from the dalit category is nil and the number of S.T. officers is two.
As for the number of Additional Secretaries or equivalent, the total number is 113, of which the number of S.C. officers is five and S.T. is one.

The above facts shows that inadequate representation in the commanding posts of government of India, where largely key policy decisions has been taking. Without adequate representation at the pivotal positions, there is a large scale skepticism about proactive policy making, due policy monitoring and robust implementation mechanism for the marginalized sections.

There are some studies shows that, Indian nation has been unable to protect Dalit officers within the state and they are suffering with prejudice, social ostracism and inequality in socio-economic life. SC/ST officers are not judged fairly in annual confidential reports(ACR) relating to their performance and are denied promotions or crucial assignments. The above incidents remind us , how vicious cycle of caste perpetuation reinforcing even in rationale admin culture! I think here apt to quote K.Marx statement- if state starts exploitation then who is better exploiter than the state?

Last but not the least, equality with efficiency(Art.335) shouldn't be compromised for efficient and effective governance. For that, state has to consider innovative training mechanism, so that officers shouldn't trap into Peter Principle[employees tend to rise to their level of incompetence].

One of the retired IFS officer suggested that, instead of current system i.e. based on age, should we move to fixed tenure system, where all officers have the opportunity to reach the top. The present system of retirement gives with one hand but partially takes away with the other. I think this idea of fixed tenure needs to be contemplated.

We hope that irrespective of caste politics, bill would pass soon in the budget session, would pave the way for SC/ST officers at the key positions of government of India and bring more inclusiveness in the Indian bureaucracy.
                                                                                                                 suneel anchipaka
                                                                                                                 anchipaka.suneel@gmail.com





3 comments: