Hindi English Translation || Editorial || Quota and data: On Vanniyar quota verdict

Quota and data: On Vanniyar quota verdict

No group should get exclusive (विशेष, विशिष्ट, एकमात्र) reservation (आरक्षण) without data on backwardness (पिछड़ापन)

The Supreme Court has rightly quashed (रद्द करना, मिटा देना, निरस्त करना) the Tamil Nadu Special Reservation Act of 2021 (The Special Reservation Act of 2021, which was enacted in consultation with Tamil Nadu Backward Classes Commission Chairperson Justice (retired) M. Thanikachalam, scooped 10.5% of the total 20% MBC quota for Vanniyakula Kshatriyas community alone, citing their “extreme backwardness”. Reservation in Tamil Nadu comprises 69% under a 1994 Act protected under the Ninth Schedule of the Constitution. Of the 69%, backward classes, including Christians and Muslims, get 30%; MBCs get 20%; Scheduled Castes 18%; and Scheduled Tribes 1%), or the Vanniyar quota law, on the ground that it was not based on updated quantifiable (मात्रात्मक, मापने योग्य) data. The Act had envisaged (परिकल्पना करना) the distribution of the 20% quota for Most Backward Classes (MBC) (सर्वाधिक पिछड़ा वर्ग) and De-notified Communities (DNCs) in education and public employment by assigning (allocate, allot, give) 10.5% to Vanniyars or the Vanniyakula Kshatriya community, 7% for 25 MBCs and 68 DNCs, and 2.5% for the remaining 22 MBCs. Even though (भले ही, यद्यपि) a superficial (आकस्मिक, मामूली) look at the law would give an impression (opinion, view, perception) that not just the Vanniyars but also 115 other communities have been covered, the aspect of internal reservation for one community — Vanniyars — had created the impression of special treatment. Such treatment per se (वास्तव में, अपने आप में) is not bad in law, as caste, the Court said, can be the starting point for the identification (पहचान, मान्यता) of backward classes or providing internal reservation, though it cannot be the sole (एकमात्र, केवल) basis. Also, there must be pertinent (प्रासंगिक, उचित, उपयुक्त), contemporaneous (समसामयिक, आधुनिक) data. The Court also pointed out (इशारा करना, पहचानना, इंगित करना) that no analysis had been made of the relative backwardness and representation of other communities in the MBCs and DNCs.

The Court’s decision has provided relief to many by holding (rule; decide) that the State is competent (capable, proficient, skilful, talented, knowledgeable) to design sub-classification among (one of, amongst) backward classes; prescribe (stipulate, lay down, specify, impose, set down, determine, pronounce) the quantum (portion, part, division, bit) of reservation based on such sub-classification, and formulate an ancillary (additional, extra, supplementary/subsidiary) law, even with the assent (approval, agreement, concurrence, acceptance) of the Governor, to one included in the Ninth Schedule (The Ninth Schedule contains a list of laws that cannot be challenged in courts. Out of 284 such laws which are shielded from judicial review, 90 per cent of laws are about agriculture and landholding. The Ninth Schedule was brought in the Indian Constitution on 18 June 1951 to abolish Zamindari system). Regardless of further moves (step, action) by the DMK government that had defended (justify, vindicate, support, stand up for, uphold) the law in the Supreme Court, this episode (a group of events; incident, event, affair, occurrence) has important lessons. No community should be allowed internal or exclusive reservation without making a case for it on the basis of quantifiable data. A caste-based census (an official survey, particularly of a population) can help in determining the representation of various communities in public employment and in education. After all (most importantly, above all, ultimately, essentially, basically), it is adequate (acceptable, reasonable, satisfactory, enough, sufficient) representation that holds the key (to have control) for the special treatment of reservation. But whether caste, narrowly (carefully, meticulously, scrupulously, painstakingly) defined, and not the socio-economic (relating to the interaction of social (position, rank, or importance) and economic (income, pay, and wealth) aspects) indicators (measure, barometer, standard) of the applicants (candidate, job-seeker, competitor, contender, entrant), should be the basis for reservation is another issue. Tamil Nadu’s parties must take a relook (reconsideration) at their position against the implementation of creamy layer (income ceiling for Other Backward Classes (OBC) reservation under which children of persons having a gross annual income of Rs 8 lakh or above for a period of three consecutive years would fall under the creamy layer category and would not be entitled to the benefit of reservation available to Other Backward Classes (OBC)) rule in reservation, as otherwise there will always be demand for internal reservation from communities that feel left out. If the parties believe genuinely in the principle of equity (impartiality, even-handedness, lack of bias, lack of bigotry, fairness/justness) in reservation, they should not have any problem in agreeing to the concept of creamy layer. Also, the demand for reservation for the economically weaker sections (Economically Weaker Section (EWS) or Economically Backward Classes (EBC) in India is a subcategory of people belonging to the General Category having an annual family income less than ₹8 lakh and who do not belong to any category such as SC/ST/OBC across India, nor to MBC in Tamil Nadu) among the caste groups not covered by reservation will carry on (continue, persist, go on, keep going) if those seen as economically advanced continue to obtain a larger share of the reservation pie (a share of something). Other than for the SCs and STs, the creamy layer must be excluded in providing for reservation for castes that qualify as backward classes.

Courtesy: The Hindu

Important Word List With Meaning

1.exclusive (adjective)

Hindi Meaning - विशेष, विशिष्ट, एकमात्र
English Meaning - especial.

2.reservation (noun)

Hindi Meaning - आरक्षण
English Meaning - a system of affirmative action in India that provides historically disadvantaged groups representation in education, employment, and politics.

3.backwardness (noun)

Hindi Meaning - पिछड़ापन
English Meaning - the condition/state of not developed.

4.quash (verb)

Hindi Meaning - रद्द करना, मिटा देना, निरस्त करना
English Meaning - cancel, reverse, repeal, revoke, overrule, rule against.

5.quantifiable (adjective)

Hindi Meaning - मात्रात्मक, मापने योग्य
English Meaning - measurable (as quantity).

6.envisage (verb)

Hindi Meaning - परिकल्पना करना
English Meaning - visualize, imagine, envision.

7.Most Backward Classes (MBC) (noun)

Hindi Meaning - सर्वाधिक पिछड़ा वर्ग
English Meaning - The Most Backward Classes within the Backward Classes were identified in Tamil Nadu as early as in 1957, when they were considered equivalent to Scheduled Castes but without the factor of untouchability.

8.even though (phrase)

Hindi Meaning - भले ही, यद्यपि
English Meaning - notwithstanding, regardless of, despite.

9.superficial (adjective)

Hindi Meaning - आकस्मिक, मामूली
English Meaning - casual, slight, outward, ostensible.

10.per se (adverb)

Hindi Meaning - वास्तव में, अपने आप में
English Meaning - in itself, themselves, intrinsically.

11.identification (noun)

Hindi Meaning - पहचान, मान्यता
English Meaning - recognition.

12.sole (adjective)

Hindi Meaning - एकमात्र, केवल
English Meaning - only, one, solitary.

13.pertinent (adjective)

Hindi Meaning - प्रासंगिक, उचित, उपयुक्त
English Meaning - relevant, appropriate, applicable.

14.contemporaneous (adjective)

Hindi Meaning - समसामयिक, आधुनिक
English Meaning - happening in the same period of time.

15.point out (phrasal verb)

Hindi Meaning - इशारा करना, पहचानना, इंगित करना
English Meaning - identify, indicate, specify, mention.

16.the Tamil Nadu Special Reservation Act of 2021 (noun)

English Meaning - The Special Reservation Act of 2021, which was enacted in consultation with Tamil Nadu Backward Classes Commission Chairperson Justice (retired) M. Thanikachalam, scooped 10.5% of the total 20% MBC quota for Vanniyakula Kshatriyas community alone, citing their “extreme backwardness”. Reservation in Tamil Nadu comprises 69% under a 1994 Act protected under the Ninth Schedule of the Constitution. Of the 69%, backward classes, including Christians and Muslims, get 30%; MBCs get 20%; Scheduled Castes 18%; and Scheduled Tribes 1%.

17.ground (noun)

English Meaning - reason, cause, basis, base, rationale, premise, factor.

18.quantifiable data (noun)

English Meaning - the type of data whose value is measured in the form of numbers or counts, with a unique numerical value associated with each data set. Also known as numerical data, quantitative data further describes numeric variables (e.g. How many? How often? How much?) This data type can also be defined as a group of quantifiable information that can be used for mathematical computations and statistical analysis which informs real-life decisions.

19.Denotified Communities (DNCs)/Tribes (DNTs) (noun)

English Meaning - Both the terms Denotified Tribes and Denotified Communities are synonymous to indicate one and the same groups of communities affected by the erstwhile Criminal Tribes Act (passed by the colonial government in 1871 to criminalize certain communities by designating them as habitual criminals).

20.assign (verb)

English Meaning - allocate, allot, give.

21.impression (noun)

English Meaning - opinion, view, perception.

22.relative (adjective)

English Meaning - comparative, respective, comparable, correlative, parallel, corresponding, reciprocal.

23.hold (verb)

English Meaning - rule; decide.

24.competent (adjective)

English Meaning - capable, proficient, skilful, talented, knowledgeable.

25.among (preposition)

English Meaning - one of, amongst.

26.prescribe (verb)

English Meaning - stipulate, lay down, specify, impose, set down, determine, pronounce.

27.quantum (noun)

English Meaning - portion, part, division, bit.

28.formulate (verb)

English Meaning - draw up, design, create, frame, work out.

29.ancillary (adjective)

English Meaning - additional, extra, supplementary/subsidiary.

30.assent (noun)

English Meaning - approval, agreement, concurrence, acceptance.

31.The Ninth Schedule (noun)

English Meaning - The Ninth Schedule contains a list of laws that cannot be challenged in courts. Out of 284 such laws which are shielded from judicial review, 90 per cent of laws are about agriculture and landholding. The Ninth Schedule was brought in the Indian Constitution on 18 June 1951 to abolish Zamindari system.

32.regardless of (phrase)

English Meaning - irrespective of, without regard to, without reference to, notwithstanding, no matter, disregarding.

33.move (noun)

English Meaning - step, action.

34.defend (verb)

English Meaning - justify, vindicate, support, stand up for, uphold.

35.episode (noun)

English Meaning - a group of events; incident, event, affair, occurrence.

36.census (noun)

English Meaning - an official survey, particularly of a population.

37.after all (phrase)

English Meaning - most importantly, above all, ultimately, essentially, basically.

38.adequate (adjective)

English Meaning - acceptable, reasonable, satisfactory, enough, sufficient.

39.hold the key (phrase)

English Meaning - to have control.

40.narrowly (adverb)

English Meaning - carefully, meticulously, scrupulously, painstakingly.

41.socio-economic (noun)

English Meaning - relating to the interaction of social (position, rank, or importance) and economic (income, pay, and wealth) aspects.

42.indicator (noun)

English Meaning - measure, barometer, standard.

43.applicant (noun)

English Meaning - candidate, job-seeker, competitor, contender, entrant.

44.relook (noun)

English Meaning - reconsideration.

45.creamy layer (noun)

English Meaning - income ceiling for Other Backward Classes (OBC) reservation under which children of persons having a gross annual income of Rs 8 lakh or above for a period of three consecutive years would fall under the creamy layer category and would not be entitled to the benefit of reservation available to Other Backward Classes (OBC).

46.leave out (phrasal verb)

English Meaning - exclude, omit, eliminate, drop, count out, disregard, ignore, neglect.

47.equity (noun)

English Meaning - impartiality, even-handedness, lack of bias, lack of bigotry, fairness/justness.

48.Economically Weaker Sections (EWS) (noun)

English Meaning - Economically Weaker Section (EWS) or Economically Backward Classes (EBC) in India is a subcategory of people belonging to the General Category having an annual family income less than ₹8 lakh and who do not belong to any category such as SC/ST/OBC across India, nor to MBC in Tamil Nadu.

49.carry on (phrasal verb)

English Meaning - continue, persist, go on, keep going.

50.pie (noun)

English Meaning - a share of something.