Constitutional Anarchy

The Supreme Court of India delivered a 3-2 verdict today (7 Nov 2022), in favor of the ruling Hindutva government’s initiative to allocate a 10% Reservation Quota for “upper caste” Indians in education and jobs. This 10% EWS (Economically Weaker Sections) Reservation Quota is branded as a pro-poor program but it is exclusive only to the so-called “upper castes”.

Post-Independence, India set aside a 50% Reservation Quota for citizens that belong to castes that were categorized as SC/OBC/SC classes. The rationale for quota for SC/OBC/STs, who represent 80% of India’s population, was to undo the damage done by caste-driven repression for over 1,500 years. Upliftment from economic backwardness was not the only goal. It was also meant to address societal discrimination directed at and caste stigma associated with affluent SC/OBC/STs. Poor “upper castes” were not subject to such systemic repression and hence their economic success or failure was more of a function of their individual efforts and talent.

If a quota program is initiated to uplift the poor, there is absolutely no justification for excluding SC/OBC/STs from the program because it violates anti-discrimination provisions of the Constitution of India. This is more of an effort to appease the ruling dispositions’ core vote bank of “upper caste” voters. While the ruling party’s agenda is driven by “upper caste” interests, the only way they differ from other national parties is the brazenness by which they push their agenda. What India desperately needs to move forward in a progressive direction is a political party, at the national level, that is aligned with SC/OBC/ST interests and agenda – representing a clear, compelling idealogical alternative.

India’s ruling classes, essentially the “upper castes”, will do themselves a favor if they understand that a British-style, caste driven, top down social hierarchy is not conducive to transitioning to a 21st century great power. Rather, a compassionate, equal opportunity, merit-driven hierarchy that inspires all citizens and delivers great overall societal outcomes, as in China and some European countries, is essential.