1985 (5) TMI 257 - SC - Indian Laws

Summary

Issues Involved:
1. Continuation of reservations for Scheduled Castes and Scheduled Tribes.
2. Application of means test for Scheduled Castes and Scheduled Tribes.
3. Identification of Other Backward Classes (OBCs) for reservations.
4. Periodic review of reservation policies.
5. Basis for identifying socially and educationally backward classes.
6. Impact of caste on social and educational backwardness.
7. Legitimacy and extent of reservations under Articles 15(4) and 16(4) of the Constitution.
8. Judicial review of reservation policies.
9. Economic criteria for determining backwardness.
10. Efficiency and merit in relation to reservations.
11. Role of the judiciary in determining backward classes.
12. Legislative and executive roles in reservation policies.
13. Impact of reservations on social justice and equality.

Detailed Analysis:

1. Continuation of Reservations for Scheduled Castes and Scheduled Tribes:
The judgment emphasizes that reservations for Scheduled Castes (SCs) and Scheduled Tribes (STs) must continue without a means test for an additional period not exceeding fifteen years. This extension is seen as necessary for these communities to overcome the historical effects of social oppression, isolation, and humiliation.

2. Application of Means Test for Scheduled Castes and Scheduled Tribes:
After the additional fifteen-year period, the means test (economic backwardness) should be applied to SCs and STs to ensure that the benefits of reservations do not get monopolized by the privileged sections within these communities. This is to prevent the indefinite monopolization of preferential benefits by the economically better-off members of these groups.

3. Identification of Other Backward Classes (OBCs) for Reservations:
For OBCs, two tests should be applied conjunctively: they should be comparable to SCs and STs in terms of backwardness and must satisfy the means test based on prevailing economic conditions. This dual criterion ensures that only those genuinely in need benefit from reservations.

4. Periodic Review of Reservation Policies:
The policy of reservations in employment, education, and legislative institutions should be reviewed every five years. This periodic review allows the state to rectify any distortions in the reservation policy and provides an opportunity for public debate on its practical impact.

5. Basis for Identifying Socially and Educationally Backward Classes:
The judgment discusses the complexity of identifying socially and educationally backward classes. It notes that while caste has historically been a significant factor, it should not be the sole criterion. Factors such as economic conditions, occupations, and place of habitation should also be considered. The judgment acknowledges the difficulty in defining "class" and suggests that a comprehensive approach considering various social and economic factors is necessary.

6. Impact of Caste on Social and Educational Backwardness:
The judgment highlights the historical and persistent impact of caste on social and educational backwardness. It acknowledges that caste-based discrimination has led to significant social and economic disadvantages for certain groups. However, it also points out that relying solely on caste for identifying backwardness could perpetuate the caste system and suggests the inclusion of economic criteria to address this issue.

7. Legitimacy and Extent of Reservations under Articles 15(4) and 16(4) of the Constitution:
The judgment discusses the extent of reservations permissible under Articles 15(4) and 16(4). It emphasizes that reservations should not exceed 50% of the total seats or posts to maintain a balance between the interests of backward classes and the community at large. The judgment also notes that this percentage is not a hard and fast rule and may vary based on the specific circumstances of each case.

8. Judicial Review of Reservation Policies:
The judgment underscores the role of the judiciary in reviewing reservation policies to ensure they comply with constitutional mandates. It highlights that while the determination of backward classes is primarily the responsibility of the government, the judiciary has a duty to ensure that such determinations are made based on rational and relevant criteria.

9. Economic Criteria for Determining Backwardness:
The judgment advocates for the inclusion of economic criteria in determining backwardness. It suggests that economic backwardness should be the primary criterion, supplemented by other relevant factors such as social status and opportunities for earning a livelihood. This approach aims to ensure that reservations benefit those genuinely in need and prevent the economically well-off within backward classes from monopolizing the benefits.

10. Efficiency and Merit in Relation to Reservations:
The judgment addresses concerns about the impact of reservations on efficiency and merit. It argues that reservations should not be seen as compromising efficiency but as a necessary measure to ensure social justice and equality. The judgment suggests that minimum standards can be prescribed to safeguard efficiency while still providing opportunities for backward classes.

11. Role of the Judiciary in Determining Backward Classes:
The judgment acknowledges the limitations of the judiciary in determining backward classes and suggests that this task is better suited to specialized commissions with the expertise and resources to conduct thorough investigations. It emphasizes that the judiciary's role is to interpret the Constitution and ensure that the criteria for determining backward classes are rational and relevant.

12. Legislative and Executive Roles in Reservation Policies:
The judgment highlights the responsibilities of the legislative and executive branches in formulating and implementing reservation policies. It suggests that a permanent national commission for backward classes should be established to conduct ongoing studies and make recommendations. This approach aims to ensure that reservation policies are based on accurate and up-to-date information and address the needs of genuinely backward classes.

13. Impact of Reservations on Social Justice and Equality:
The judgment underscores the importance of reservations in achieving social justice and equality. It argues that reservations are necessary to address historical injustices and provide opportunities for disadvantaged groups. However, it also emphasizes the need for periodic reviews and the inclusion of economic criteria to ensure that reservations benefit those genuinely in need and do not become a vested interest for the privileged sections within backward classes.

Conclusion:
The judgment provides a comprehensive analysis of the issues related to reservations under Articles 15(4) and 16(4) of the Constitution. It emphasizes the need for a balanced approach that considers both social and economic factors in determining backwardness and ensures that reservations benefit those genuinely in need. The judgment also highlights the importance of periodic reviews and the role of the judiciary in ensuring that reservation policies comply with constitutional mandates.