On equal access to benefits for all SCs

Subject: Polity

Section: Constitution

Context:

The Union government has formed a high level committee of secretaries, chaired by the Cabinet Secretary, to evaluate and work out a method for the equitable distribution of benefits, schemes and initiatives to the most backward communities among the over 1,200 Scheduled Castes (SCs) across the country, that have been crowded out by relatively forward and dominant ones.

About Sub-categorisation of SCs

Sub-categorisation of SCs aims to address the intra-group disparities by creating smaller groups based on socio-economic and educational indicators. The goal is to ensure a more equitable distribution of reservation benefits among SCs.
The concept of sub-categorisation has sparked debate due to its complexities and potential challenges. It involves redefining and restructuring the existing reservation system, which has both supporters and critics.

Arguments in favour

Existence of graded inequalities among SC communities. Even among the marginalised, there are communities that have lesser access to basic facilities.
As a result, the relatively more forward communities among them have managed to avail benefits consistently while crowding the more backward ones out.
The solution, therefore, is to sub-categorise the communities and provide separate reservation to the more backward communities within the reservation meant for SCs.

Arguments against

Allotting separate reservations within the categories would not really address the root cause of the problem.
The idea behind sub-categorisation was to ensure representation at all levels.
But given the disparity, even if posts were reserved at higher levels, these most backward SCs would not have enough candidates to be considered for it in the first place.
Hence, the existing schemes and government benefits should first reach these sections before any sub-categorisation.
Also, legal experts have pointed out the necessity to have concrete data to support sub-categorisation.
In this context, they present the case of a caste census of each community and sub-community and their respective socio-economic data.
As per them, caste census can be the only empirical basis on which the government can justify sub-categorisation of benefits and how much extra share of benefits each community is in need of.

Legal and Political Developments

Supreme Court Rulings: The Supreme Court has upheld the legality of sub-categorisation within SCs, provided it is based on quantifiable data and serves a legitimate purpose.
State-Level Implementation: Several states, including Tamil Nadu, Punjab, and Haryana, have implemented sub-categorisation, showcasing the varied approaches at the state level.
Central Government’s Stance: The central government has been cautious, setting up committees to examine the issue but has not yet implemented nationwide sub-categorisation, reflecting the need for a comprehensive and considered approach.

Constitutional Provisions For Upliftment of the Schedule Caste

Article 15(4) refers to the special provisions for their advancement.
Article 16(4A) speaks of “reservation in matters of promotion to any class or classes of posts in the services under the State in favour of SCs/STs, which are not adequately represented in the services under the State’.
Article 17 abolishes Untouchability.
Article 46 requires the State ‘to promote with special care the educational and economic interests of the weaker sections of the people, and, in particular, of the Scheduled Castes and the Scheduled Tribes, and to protect them from social injustice and all forms of exploitation.
Article 335 provides that the claims of the members of the Scheduled Castes and the Scheduled Tribes shall be taken into consideration, consistently with the maintenance of efficiency of administration, in the making of appointments to services and posts in connection with the affairs of the Union or of a State.
Article 330 and Article 332 of the Constitution respectively provide for reservation of seats in favour of the Scheduled Castes and the Scheduled Tribes in the House of the People and in the legislative assemblies of the States.
Article 338 provides for Constitution of NCSC to safeguard rights of SCs.
Under Part IX relating to the Panchayats and Part IXA of the Constitution relating to the Municipalities, reservation for SC and ST in local bodies has been envisaged and provided.

Key Issues and Challenges

Defining Criteria: Determining appropriate criteria for sub-categorisation, such as social, economic, educational, and occupational indicators, is crucial to ensure accurate classification.
Data Collection: Accurate and reliable data on SC communities is essential for effective implementation and addressing the unique challenges faced by different sub-groups.
Political Consensus: Building consensus among SC groups and political parties is necessary to avoid conflicts and ensure a smooth implementation process.
Legal Challenges: Potential legal challenges, based on claims of discrimination or violation of constitutional rights, need to be anticipated and addressed.
Administrative Capacity: Ensuring that the administrative machinery can handle the complexity of sub-categorisation is crucial for successful implementation.