Supreme Court Verdict is not just against Maratha Reservation, but against basics of Reservation System – SDPI
New Delhi, 7th May 2021: The latest Supreme Court verdict on reservation is unjust and hopeless as it endangers the future of current reservation system for the socially and educationally backward sections of the society, stated MK Faizy, National President of Social Democratic Party of India (SDPI).
Faizy said that the order setting aside the Maratha reservation law and ruling that the reservation cannot exceed 50% is not of any hope to the communities coming under the purview of reservation. The observation of the bench during the hearing that ‘all reservations may go and only EWS may remain’ cannot be counted just as an obiter dictum, but it has far reaching impact on the constitutional right of reservation for the socially and educationally backward communities. This comment seems to be a dog whistle to the rulers to get rid of the existing caste-based reservation. Statement of the Bench “to change the 50% limit is to have a society which is not founded on equality but based on caste rule” will result in denying opportunities to the backward classes and SC & ST who are given reservation on the basis of their social backwardness, not economic backwardness.
The apex court has endorsed the 102nd Constitution amendment that introduced the National Commission for Backward Classes, dismissing the petitions challenging the amendment. The Court stated that “States have no power to ‘identify’ Socially & Educationally Backward Classes after 102nd Constitution Amendment.” 102nd amendment has taken away the right of the States to identify the backward classes, and it has now been given a green signal by the Supreme Court. Communities that are backward in some States are not backward in some other States, and vice versa. And so, it is the States that are able to precisely identify the socially and educationally backward classes of that particular State. This amendment infringes the federal nature of the nation and strips the States off their constitutional right. In the current political scenario, the central government will be able to abuse this power too against the minority community.
As the present verdict is detrimental to the communities coming under reservation, Faizy asked the eligible backward communities and their organisations to collectively think about ways and means to overcome these threats to future of reservation system. He assured that SDPI will take the initiative for such a move.