Dalits, Political Reservation
Any policy, legal or constitutional amendment initiative regarding reservation creates great ripple and issue of debate, space for conflict among intelligentsia, civil/caste society and respective stakeholders. But shockingly no such conflict or any serious debate has happened on 109th Constitutional Amendment Act, 2009 which was brought to amend Article 334 to extend the limitation of political reservation for Dalits(SCs) and Adivasis(STs) for further ten years and that will cease to have effect on the expiration of seventy years from the commencement of the Constitution of India. This amendment will come into force from 25th January, 2010 and will exist in force till 24th January, 2020. This is the only constitutional amendment done consecutively and timely. Six times such amendments
[1] have been brought to extend the constitutional validity of political reservation from 1960 to 2009 because in original constitution reservation for SCs and STs in the House of People and Legislative Assembly was provided for ten years from the commencement of the Constitution.
In order to ensure ‘political justice’ to historically oppressed, marginalized and excluded communities; the liberal Indian Constitution makes substantive provisions
[2] for reservation of seats for SCs and STs in the House of People and Legislative Assemblies. Article 330 provides for Reservation of Seats for Scheduled Castes and Scheduled Tribes in the House of People, Article 332 provides for Reservation of Seats for Scheduled Castes and Scheduled Tribes in Legislative Assemblies of the States and Article 334 provides for limitation of political reservation.
In a liberal and bourgeoisie democracy head count matters a lot and therefore, all major sections of society are sought to be represented in legislative body to secure legitimacy of bourgeoisie policies. Proportionate numbers of Dalits and Adivasis have been elected for Lok Sabha or States’ Assemblies from 1950 onwards but their contribution on legislative initiatives have been very minimal.
The Representation of People’s (RPA) Act, 1951 lays down the qualification and eligibility criteria for membership of the House of People and the Legislative Assemblies in States. Section 4 of RP Act provides for the qualification for the House of the People for all in general and for SCs and STs in particular. Apart from other section 4(a) is of special significance for SCs candidate. Its states that, ‘in the case of a seat reserved for the Scheduled Castes in any State, he is a member of any of the Scheduled Castes, whether of that State or of any other State, and is an elector for any Parliamentary constituency.’ The moment any scheduled castes changes his domicile, he loses the benefit of reservation in the matter of admission in educational institutions or employment in government services but not in case of political reservation. Why this principle is not followed in other reservation policy? Doesn’t it violate the equality
principle of the Constitution? Section.5 of RP Act provides the qualifications for membership of a Legislative Assembly.
The general criteria for the membership of the House of People or Legislative Assemblies are as follows:
He/she must be an elector for any Parliamentary constituency
In cases of SC or ST, he/she must be member of SCs or STs communities
He/she must have completed 25 years of age
He/she must be of sane mind
He/she must not be barred under any law
Section 55 of RPA Act expressly mentions that a member of the Scheduled Castes or of the Scheduled Tribes shall not be disqualified to hold a seat not reserved for members of those castes or tribes, if he is otherwise qualified to hold such seats under the Constitution and this Act. Meaning thereby any SCc or STc member can contest the election from general constituency but in a very rare case even established Dalit or Adivasis politician show any courage to contest the election from general constituency. And thus reserved constituency has become a kind of ‘zagirdari’ for dalit politicians like Mira Kumar and Ramvilas Paswan. Mira Kumar has reserved Sasaram constituency and Ramvilas Paswan has reserved Hajipur constituency. They can’t even think of contesting parliamentary election from general constituency even after thirty years of active political career.
Dalit Muslim and Dalit Christians are not constitutionally and legally identified as Scheduled Caste therefore, they are not entitle to contest any election reserved for SCs though suffer the same discrimination and exclusion in society but the same principle is applicable with regard to Adivasis Christians. This is legal fallacy which need to be changed.
As per delimitation of parliamentary and assembly constituencies order, 2008, a total of 128 seats have reserved for SCs/STs in the House of People and a total of 1492 seats have been reserved in Legislative Assemblies of States. Before delimitation order, 2008; a total of 120 seats were reserved for SCs and STs in the House of people thus eight seats have increased from 2009 general election. As per delimitation order 1976 a total of 1102 seats were reserved for SCs/STs in Legislative Assemblies of the States thus 390 seats have increased from 2008.
Total seats for the House of People or Legislative Assemblies has not been increased from 1976 situation, however, Dalits and Adivasis are beneficiary as seats for reserved constituency have increased according to proportionate population of respective communities.
Landlessness, poverty, malnutrition, unemployment, discrimination and displacement of Dalits and Adivasis have been the major issues for Dalits and Adivasis since independence. Despite the land reforms policy and some other welfare measures taken by the central and state government to improve the condition of these communities, they remain at periphery, exploited, humiliated and discriminated. The socio-economic profile of SCs/STs given by Expert Group to Planning Commission on ‘Development Challenges in Extremist Affected Areas, 2008 highlight the plight, suffering, poverty and illiteracy of these communities that is nothing but the evidence of limitation of political reservation. Elected dalits and Adivasis legislatures have been puppet or ‘chamacha’ of dominant caste/class politicians and parties. As Dr. Ambedkar once said that Dalits representative doesn’t represent their fellow brethren but to their political master. They never open their mouth in parliament unless they feel bore and tired. They only open their mouth to take yawn. But few dalit political families and some Dalit Netas have become rich through this system leaving huge mass in hapless and helpless situation.
All these human development index indicators regarding plight and sufferings of original inhabitant of India are manifestation of constitutional crime committed by the ruling class of the country. Formation of Indian society on socialist and humanist philosophy was the aim of the Constitution- the supreme law of land, through democratic way, but to ruling political parties supported by capitalist class has made mess of this country. Some political families and industry tycoon have become super rich on blood and sweat of working class dalits/Adivasis and poor. For how long constitutional betrayal by the ruling class could have been tolerated? This causes sense of alienation among the huge masses of country side and became base of naxalite movement. Gross poverty, pauperization, corporate loot, landlessness are the root cause of naxal violence but state is determine to fight and finish poor but not poverty.
Extended interpretation of right to life and personal liberty
[1] includes right to development, rright to education, right to food, right to shelter, right to health, right to work etc. Article 37 states that the principles (DPSP) therein laid down are nevertheless fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws. State is under constitutional obligation to implement socialistic measures. Indian Constitution, being the social document for social revolution aims to from new social order based on justice, substantial equality and real liberty and therefore has to minimize the inequality in income and eliminate inequality is status facilities and opportunities, not only amongst individuals but also amongst groups of people residing in different areas or engaged in different vocations.
Had the Articles 38, 39 41, 43, 43A, 44, 45 and 46 of the Constitution been implemented in letter and spirit, India of 2009 could have been different.
Look at the revolutionary provisions:
Article 38. (1) The State shall strive to promote the welfare of the people by securing and protecting as effectively as it may a social order in which justice, social, economic and political, shall inform all the institutions of the national life.
(2) The State shall, in particular, strive to minimize the inequalities in income, and endeavour to eliminate inequalities in status
Article 39. The State shall, in particular, direct its policy towards securing—
(a) that the citizens, men and women equally, have the right to an adequate means of livelihood;
(b) that the ownership and control of the material resources of the community are so distributed as best to subserve the common good;
(c) that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment;
(d) that there is equal pay for equal work for both men and women;
(e) that the health and strength of workers, men and women, and the tender age of children are not abused and that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength;
(f) that children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment.
Article 39A. The State shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.
Article 41. The State shall, within the limits of its economic capacity and development, make effective provision for securing the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement, and in other cases of undeserved want.
Article 43. The State shall endeavour to secure, by suitable legislation or economic organization or in any other way, to all workers, agricultural, industrial or otherwise, work, a living wage, conditions of work ensuring a decent standard of life and full enjoyment of leisure and social and cultural opportunities and, in particular, the State shall endeavour to promote cottage industries on an individual or co-operative basis in rural areas.
Article 43A. The State shall take steps, by suitable legislation or in any other way, to secure the participation of workers in the management of undertakings, establishments or other organizations engaged in any industry.
Article 45. The State shall endeavour to provide, within a period of ten years from the commencement of this Constitution, for free and compulsory education for all children until they complete the age of fourteen years.
Article 46. The State shall 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 shall protect them from social injustice and all forms of exploitation.
What is needed to be done: Capitalism and brahminism are the principal enemies of working class, poor, dalits and Adivasis. They have to uproot the system, and institution of violence and exploitation. For that only revolutionary politics based on revolutionary ideas and practice among masses can bring about real change in existing political and economic system. Indian society being culturally diverse, proportionate representation system of election will be better instead of first past the post election system. To elect real dalit and adivasis representative, principle of separate electorate has to be brought in through constitutional amendment. To control the elected representative, principle of right to recall and negative voting has to be incorporated in the constitution and related legislation. Money and muscle power play major role in existing political and election system and there is no internal democracy among political parties. A comprehensive legislatition has to be enacted to deal with political parties and illicit relationship with capitalist class. If people democracy instead of capitalist democracy has to be established, working class and all oppressed section of society has to launch a new democratic and proletarian revolution for better future.