Reality Check India

Is EWS 103rd Amend a constitutional fraud

Posted in Uncategorized by realitycheck on September 15, 2022

A really quick post, there is just too much on my plate now. Sort of dismaying at complete absence of engagement by ruling party at centre on such a monumental issue challenging their biggest (only core) legislation in 8 yrs. So here it is.

A full take on the EWS quota is here in this post

  • The EWS quota is a child of the OBC (Other Backward Classes quota) regime.
  • The absence of judicial check on the OBC quota regime is the root cause of the problem. As I keep saying this represents an egregious delinquency on the part of the Supreme Court. Even Ambedkar during the LS Debate on the 1st Amendment was emphatic that the Court would provide the check against runaway. That has proven to be false – as the SC has shown it is committed to grandstanding.

One must first understand Tamilnadu situation.

  • The 76th Amendment passed in 1994 by PV Narasimha Rao provided Tamilnadu immunity of its reservation system from judicial challenge by including in the 9th schedule under Art 31(B) (A list of non challengeable items)
  • The Supreme court sat on this for 17 years !! then after huffing and puffing made a judgment in July 2010 (during UPA2 time). In that they disposed of all challenges and requested Tamilnadu Govt to give ‘quantifiable data; (which means breakup of castes that comprise the OBC list – the magic secret code if you will)
  • Tamilnadu simply submitted a frivolous report the Janarthanam Commission findings with no data and in tone telling the Supreme Court to in effect mind its own business. Read this report by MIDS P. Radhakrishnan “Perpetuating the scourge of caste

How many OBC in Tamilnadu

We have analyzed MBBS admissions data over the years before and after NEET. We also have the NSSO findings which peg the OBC data at a remarkable 76% in Tamilnadu. This combined with SC (20%) and ST(1%) puts only 3% in the “Forward castes” excluded from reservation cover.

YOu can see that the Tamilnadu follows the Dravidian imperative of using the social justice provisions in the constitution to exclude a small minority. There is no check against this. There is no reason why this cannot expand to other parts of the country either. This is where the EWS comes in. The word is a misnomer — because it only covers the persons NOT already covered in a reservation category.

Why are Dravidians leading the charge to ban EWS from other states

The 103rd Const Amend is only an enabling amendment. It is very important to note that almost all states have notified the EWS rules. As a matter of fairness. Tamilnadu has not notified the EWS in that state. The constitution amendment does not force any state to implement it.

So it is startling that Dravidians want to remove EWS from other states who have notified the EWS via their own popularly elected governments. As someone remarked on Twitter, imagine the vileness of this.

I repeat I am not in favour of economic quota EXCEPT as a bulkwark safety net against rampant abuse of OBC quota and judicial delinquency.

Reservation is not a poverty alleviation program : Indians tend to get carried away with this punch dialogs. The right response is but Reservation is also not an unjust enrichment program. Without scrutiny of the lists – what you have is a judicially sanctioned theft of both social justice (under privileged who are crowded out from the inside group) and equality open competition crowded out from the outside as advanced castes included in the OBC list for political reasons fare better and better and also take open category seats.

So here is the gambit that must be offered : We will strike down EWS — IF Tamilnadu produces for public audit last 30 yrs utilization data. Then watch the response. You will find what I said is right. EWS Is nothing but a check and balance against OBC misuse flowing from judicial delinquency.

4 Responses

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  1. Vijay Vanbakkam said, on September 15, 2022 at 8:10 pm

    Both the Central Govt, anybody interested in proper functioning of the judiciary or democracy abosultely apathetic; what is wrong with BJP and Hindutva. They can’t even mount an intellectual discussion to throw out a challenge to their own decision

    • Alan Smithee said, on September 16, 2022 at 3:58 am

      #D has “thozhamai suttudal” gang which is oblivious to their casteist abuse. They’d be happy as long as #B are pwned. BJP has “hindutva” gang which is blind to their inability to impart fundamental and lasting change. They are happy as long as an elusive ‘hindu unity’ / supremacy is attained and M/C are pwned.
      Only the few dozen people in RCI’s orbit seem interested in these matters.

  2. Vijay Vanbakkam said, on September 16, 2022 at 8:55 am

    Not only politicos like BJ or INC, even newspapers in English or local languages keeping mum on important issues. No discussions with facts and figures by academics, correspondents, sociologists, anthropologists etc

  3. […] You can read longer pieces written by me on the matter at “The EWS Quota wrench in the Idea of India process” and “Is the EWS 103rd Amend a constitutional fraud” […]

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