The concept of equality is seemingly simple, but is in fact, complicated and nuanced. Reservations, an extension of equality, have always been a subject of debate in India. They have played a great role in our history, society and unfortunately, in our politics. In the past, this sensitive topic has been misused by politically vested interest groups to create fault-lines and further divisions in society. As a result of these disputes, the Indian people have experienced physical and economic hardship and watched various of their governments topple.
However, when analysing an issue so complex, it is imperative that we separate the din to realise the true goal, which is the upliftment of those who battle with poverty. Therefore, when viewed from this objective perspective, the decision taken by the government led by Prime Minister Narendra Modi in 2019 to provide reservation to individuals belonging to Economically Weaker Sections (“EWS”), was astute. The legislation pertaining to EWS was introduced as a medium to promote “social equality” by providing equal opportunities in higher education and employment to those who have been excluded by virtue of their economic status.
By providing reservation to EWS, equality has been effectuated not only as a right in written law, but has been translated to equality as a reality. This perspective is strengthened by the fact that individuals belonging to the Scheduled Castes (“SC”) and Scheduled Tribes (“ST”) Communities and Other Backward Communities (“OBC”), hailed this decision. Further, the legislation has received sufficient legislative sanction in Parliament, being backed by representatives of political parties across the spectrum. However, a policy that in effect reduced the bitterness of the downtrodden, was met with extreme anger from those largely belonging to the Upper Caste Communities.
When posed with adjudging its constitutionality, the issue before the Supreme Court was simple. Does EWS seek to retract benefits already provided to individuals belonging to SC, ST and OBC communities, and afford these to this new category of “economically weak” individuals? Through its landmark verdict, the Supreme Court has responded to this question with a resounding negative. The Apex Court has categorically held that treating EWS as a separate class would be a reasonable classification. The Court observed that unequals cannot be treated equally, since treating unequals equally violates the concept of equality as laid down in the Indian Constitution.
Further, the Court has appreciated that the concept of EWS, is an evolution, one that is completely independent of and unconnected to reservations being provided to persons from the ST, SC and OBC Communities. As a result of this differentiation, EWS does not erode the rights of such persons. The Court has also observed that EWS is independent of the 50% limit on reservations provided by the Indian Constitution.
This significant verdict only supports the Prime Minister’s vision of creating a society that seeks to support its poor. It is important to keep in mind that the Prime Minister himself hails from the OBC Community, and is thus empathetic to the demands of the downtrodden. What the Government seeks to do is to provide opportunities for persons from economically backward sections, without taking away opportunities provided to those belong to SC, ST and OBC Communities. The Supreme Court’s affirmation today, is a confirmation of the Prime Minister’s aforesaid goal of ensuring that equality does not remain a theoretical fact, but can be realised by deserving individuals, as a tangible result.
Further, it is pertinent for naysayers to note, that even besides the Supreme Court’s wholehearted assent to the EWS legislation, there is another historically relevant factor that supports EWS. This is that in a country that usually reacts to caste-based decisions with mass protests and violence, the EWS legislation has not caused even a single incident of such hardship to the people.
In addition to the legislative sanction given to the EWS legislation and the Supreme Court’s verdict upholding its constitutionality, it is important to reflect on the fact that the Father of our Constitution and the champion of the downtrodden, Dr. B.R. Ambedkar also emphasized upon the need for upliftment of those living in abject poverty. The upliftment of the poor and downtrodden through legislations such as EWS, only promotes the Government’s efforts to ensure an inclusive democracy.
Therefore, it is keeping in mind Dr. Ambedkar’s philosophies, that the Prime Minister introduced EWS with an aim to provide opportunities to those who are unfairly snatched of the same. It is heartening to note that the Supreme Court of India has acknowledged this vision and upheld the law as being constitutional.
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