Right to equality (Article 14)

Right to equality (Article 14)	State shall not deny  equality before law (UK,-ve) absence of privilege  no one is above the law Includes in itself the rule of law(basic structure) provides only jurisdictic equality and no other equal protection of law (US, +ve) differential treatment Gave responsibility to the state to protect the disprivileged people Like should be treated alike and vise-versa Affirmative action: reservation progressive taxation Exception  A361 -a - no person liable criminal & civil proceeding for publishing true proceeding of parliament, SLA A31C,  A105 , 194
Article 15: Prohibition of discrimination	[1] State shall not discriminate on the ground only of RRCSP [2] No citizen subj to discrimination only on RRCSP - access of ghat, well, shop, public restaurant, hotel, etc Against state and individuals also fight untouchability [3]: affirmative action for women and children (not for others) [4]:  advancement of S & Edu backward class or SC & ST Govt.: caste-based reservation in medical colleges Champakkam case of 1951: invalidated First amendment: clause 4 was added [5]: 2005 SEBC, SC, ST admission in pvt edu inst except for minority inst reservation of seats in educational institutions including private  new Act for OBC reservation of 27 % [6]: 2019 - 10% reservation for economically weaker section
Article 16	1: equal opportunity in government employment 2: no discrimination on ground of RRCSP and Descent and residence. 3: Power to parliament for prescribing resident as a ground for certain class of employment After Mulki rule in AP 4: Special provision for backward class in public employment if they are not adequately represented Challenged in Indira Sawheny case of 1992: Socially and educationally backward inadeqaute representative not more then 50% no creamy layer over all efficiency should not decreased at the same time strictly prohibited economic backwardness no reservation in case of super special jobs Clause 5: Religious denomination exempted Clause 6: Economically weaker section Policy of reservation in promotion: norm till 1992 Indira Shahey case: invalidated 77th amendment : 16 clause 4A For SC and ST it is allowed  SC validated in Nagraj case 20 Empirical data not representated empirical data Socially and educationally backward not effect efficiency (Art. 335: Reservation have to be balanced with efficiency. Jarnail Singh vs Lachhmi Narain Gupta (2018): There is no need to collect quantifiable data to prove backwardness No changes to other two conditions Examine the possibility of introducing creamy layer in SC and ST Vertical reservation: Indira shaney: 50% Carry forward rule TN govt.: 69% reservation ---was invalidated---new Act formed and put in 9th schedule SC in IR Coleho case of 2007: 9th schedule is also subject to Judicial review. But followed the prospective principle and thus applied to law inserted after 21 April 1973. Horizontal reservation: Distribution of reserved seats among the subgroups
Reservation	A affirmative action to uplift the downtrodden Temporary action to uplift the particular section Including all into this will not solve the problem of unemployment Limited public sector jobs low skill and employability Benefits mostly accrues to only well off among the reservation category  Total 73% population is covered under some kind of reservation (9% ST, 20% SC 44% OBC) After EWS - 96-97% population
Why or need?	Inclusive growth Equality Historically unprivileged communities, HIstoric injustices
SC judgements	M. Nagraj and others v'/s UOI Case Concern state has to show in each case the compelling reason namely backwardness, inadequacy of representation and overall administrative efficiency  held that caste cannot be the sole criteria for reservation
Constitutional	Government can only provide education and socially backward class and not to use it as instrument for economic upliftment
Cause of Demand for reservation	Relative success of reservation e.g. Meena community in Rajasthan Decreasing land holdings leading to disguised employment  and low agricultural growth and Squeezing rural income Status associated with Govt. jobs vis-a-vis private jobs High salary at lower specially e.g. Clerk High security Inter-community rivalry like Gujrjar-Meena in Rajasthan Political motivation like Jat reservation given before 15th loksabha election Lack of jobs Jobless growth Fall of MSME Lack of employability especially in these groups
Earlier efforts	Patidars in Gujrat Gurjar in Rajasthan Kapus in Andhrapradesh National Commission for Backward Classes had specific reason for non inclusion Jats
Challenges	No effective benefit b/c of large section and no wider reach Benefit accrues to well off among reservation category   Lack of awareness Social Stigma,  Discrimination,  Reservation is not used properly Intra-caste inequalities Concept of Creamy layer was ineffective Limited public sector job,  Low skill & employability , vote bank politics,  non-reliable data,  Reinforce caste identities,  Compromise merit & productivity Behavioral change  Bureaucratic hurdles
Solution	Need to re-examine b/c Changed external envt. Increased popularity of Govt. jobs Increased competition Ambiguity in reservation process Lack of Data only recent SECC only Regular surveys by including caste data in census Ensure wider reach Only once in 20 year Creamy layer Re-evaluation of eligibility in 10 and 20 years Increase awareness regular survey for caste data in the census , accurate data after SECC will help rationalizing, ambiguity in the process  Exit - in & out approaches, change eligibility, employment generation, add other backward category - transgender , rural inclusion  OBC subcategorization , N Socially & educationally backward commission , prepratory courses ,incentivize pvt - us diversity index , (will  make quota effective & debunk merit & productivity argument)  No child with ability & desire should ever be denied opportunit for higher edu on account of poverty & birth  Kaka sahab kelkar - 1st backward class commission Mandal com in 1977 2nd NCBC -1992
Major roadblocks	Vote bank politics No reliable data Behavioural Changes Social Inequalities / Discrimination
Way ahead	There is utter need to review the overall reservation system and system of creamy layer By linking it with SECC
approaches	Rationalising Statistics approach (generation of accurate data of Caste/Tribe affiliation in the 2021Census itself ) Exit Changing eligibility Application level (once in 20 year) In and Out approach Development approach generation of employment, employability, De-reservation Affirmative action for other poor and other than caste based on some criteria like parental education, school of child
	No child with ability and desire should ever be denied opportunities for higher education on account of poverty and birth.
Conclusion	Key to this shuffling people in and out of the eligibility criteria and ensuring benefits are not concentrated among certain groups Consensus among political classes  for adopting non-political and pragmatic approach If we expect to phase out the reservation policy 100 years after Independence, the time for finding a long-term solution is clearly upon us, and we need to act now. National Socially and Educationally Backward Commission OBC subcategorisation
Affirmative Action	Why needed: historical injustice Differences in Natural capabilities Social evils and their permanent place untouchability Equality and Liberty Poverty eradication Inclusive development  Labour market dualism Chain principle Against: reinforces caste indentities generates hostilities Compromises merit and productivity Benefits the creamy layer Miss-Match hypothesis Reservation: Need for Quota + policy: along with quota there should be preparatory courses, trainings etc  Need for rural inclusion Incentivize privates also : diversity index in US this will make quota more inclusive and will defy the merit and productivity arguments Backward classes: Kaka sahab Kalekar : first backward class commission in 1953 2nd : Mandal commission in 1977 National commission for backward classes 1993 Maharashtra : 16 % quota for Maratha and 5% for Muslim in government jobs and education  Religious basis Provides incentives for religious conversion no background data Jat case: Politicized  Patel case: economically well-off class of Patidars
Reservation in Promotion	Against: Not a fundamental right, 16(4), 16(4A) are only enabling provisions Doesn’t ensure end of discrimination Hurts administrative efficiency. (Art. 335) All the benefits are cornered by select few castes Already adequate reservation For: Loss of efficiency is false notion, not grounded in any empirical study Skewed SC/ST representation at senior levels (Only 4 secretary rank in 2017) Large number of vacant posts at higher levels due to no promotions Historical disadvantage and question of data doesn’t arise
Article 17	Civil rights protection Act 1955 Schedule caste and ST (prevention of attrocities) Act 1979 Prevention of Manual scavenging Act
Article 18	1: no titles but military and academic distinction is allowed 2: Indian citizen are prohibited 3: foreigners are prohibited who are working in indian government.
EWS	103rd Constitutional Amendment Act, 10% EWS for general population 15(6): Special provision for EWS 16(6): Reservation in Government jobs 10% for EWS Conditions Income less than 8 lakh Agricultural land below 5 acre House below 1000 sq. ft Residential area: 100 yards in municipal area and 200 in non-municipal areas. Arguments for Need for new deprivation assessment criteria (caste and class weakening link) Ram singh V. UOI (2015), caste is prominent, but need to evolve new yardstick Class issues today have come to dominate political discourse Against: Against Equality Norm, BR Ambedkar warned against this, “Reservation of such extent that it violates the principle of equality” M. Nagraj Case, Equality basic structure of Consti, and without 50% reservation this equality would be breached Good representation and no data to prove under-representation Same upper limit as 8 lakh, pairity between OBC and general Broad definition, covers almost whole population, logic of arriving at 10% Economic criteria would be a bureaucratic nightmare, due to fluctuation Pandora’s box of demand, sub categorization Already government job and PSU are shringking, wont fulfil aspirations Tool of populism Sinho Commission as cited by government didn’t recommend reservation. Way forward: Institutional mechanism for granting reservations Verification so that reservation is not misused Can be used to introduce concept of creamy layer in SC/ST Need to boost economy and job creation

• Invalidated in indira Sawheny case
• 77th ca - a16 (4A) - for sc , st allowed
• Nagraj case , 2006 - validated for sc , st , 3 condition
• Empirical data of x represented
• Empirical data - socially & economic backward
• Not effect effeciency (a335 - same)
• Jarnail singh vs lachmi narain gupta case , 2018
• No need to collect quantifiable data to prove backwardness, other 2 condition same
• Examine possibility of introducing cremay layer

• Not a FR 16 (4), 16 (4A) only enabling provision
• Doesn’t ensure end of discrimination
• Hurt admin efficiency (a335)
• All benefit corned by select few caste
• Already adequate reservation


• Loss of efficiency false notion , not grounded in empirical study
• Skewed SC/ST representation at senior level (only 4 secretary rank in 2017)
• Large no of vacant post at higher level
• Data question doesn't arises

• 103rd CA- 10% EWS for general population
• A15 (6) - special provision for ews , a16(6)
• Income less than 8 lakh
• Agriculture land below 5 acre
• House below 1000 sq feet
• Residential area - 100 yards in municipal area & 200 in non -municipal area
•

• Against equality Norm - BR Ambedkar - reservation of such extend that it violates principle of equality
• No data to prove underrepresentation
• Same upper limit parity between OBC & general
• Broad definition covers almost whole population - logic of arriving at 10 %
• Economic criteria - difficult to implement - fluctuating
• Pandora box for demand - sub categorization
• Shrinking govt job, not fulfill aspiration
• Tool of populism , future demand to increse
• Sinho com - didn’t recommended ews reservation , rec ews in welfare
• M Nagraj case , equality is BS without 50 % it will breach , inadequate representation

• Need for new deprivation assessment criteria (caste & class weakening link )
• Ram singh case , 2015- caste is prominent but need to evolve new yardsticks
• G Rohni com - subcategorization of OBC - subko milega
• Class issue today - dominate political discourse
• WF- inst mech to grant reservation
• Verification to control misuse
• Introduce concept of creamy layer in sc / st
• Need to boost economy & job creation

• AP offers 75 % reservation to local in pvt jobs in factory, JV, industry or PPP, MP also announced similar legis.
• Promote inclusive development - germany model , transparent industrialisation , x corruption , implementation of labour laws,
• Reason- Poll plank, demand in s & e state (CSDS survey), agri distress - stagnant agri & rural wage growth , lack of job - unemployment 6.1 % at highest in ? y, Displacement of landowner - discrimination reason of unemployment of Dalit & Muslim (C for sustainable employment of Azim premji univ)

• May not pass legal scrutiny - A16 no discrimination
• Son of soil movement , x unity of nation , pandora box, concern of industry - unability to find locals, difficulty to attract investment , enforcement issue as with MH & KN govt

• Tackle core issue - job growth , eco growth , industrialization
• Policy uncertianity - Eco survey warn against it
• Promote labour intensive industry - 3F