THE GIST of Editorial for UPSC Exams : 09 May 2020 (On overzealous reservation (Mint)) Primary tabs

On overzealous reservation (Mint)

Mains Paper 2:Polity
Prelims level: Scheduled Areas
Mains level: Reservations for STs in scheduled areas

Context:

The Supreme Court is right in considering cent per cent reservation as anathema to the constitutional scheme of equality even if it is for the laudable objective of providing representation to historically deprived sections.

Key highlights of the verdict:

• The verdict quashing the reservation of 100% of all teaching posts in ‘Scheduled Areas’ of Andhra Pradesh for local Scheduled Tribes is not against affirmative programmes as such, but a caution against implementing them in a manner detrimental to the rest of society.
• The Constitution Bench found that .........................................

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Chronic absenteeism:

• The State government did, in its original orders of 1986, and thereafter, in a subsequent order in 2000, was not without its own rationale.
• It found that there was chronic absenteeism among teachers who did not belong to those remote areas where the schools were located.

Viable solution:

• However, its solution of drafting only members of the local tribes was not a viable solution.
• The President, under Article 371D, has issued orders that a resident of a district/zone cannot apply to another district/zone for appointment.
• Thus, the 100% quota .....................................

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Criticism:

• It is still a matter of debate whether the ceiling has innate sanctity, but it is clear that wherever it is imperative that the cap be breached, a special case must be made for it.
• Such a debate should not divert attention from the fact that there is a continuing need for a significant quota for STs, especially those living in areas under the Fifth Schedule special dispensation.
• In this backdrop, it is somewhat disappointing that courts tend to record obiter dicta advocating a revision of the list of SCs and STs.

Conclusion:

• While the power to amend the lists notified by the President is not in dispute, it is somewhat uncharitable to say that the advanced and “affluent” sections within SCs and STs are cornering all benefits and do not permit any trickle-down.
• Indian society is still some distance from reaching that point.

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Prelims Questions:

Q1. With reference to the Central Administrative Tribunal (CAT), consider the following statements:
1. It was established under Article 323 - B of the Constitution.
2. The Tribunal is guided by the principles of natural justice in deciding cases and is not bound by the procedure, prescribed by the Civil Procedure Code.

Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2

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Mains Questions:
Q1. To what extend the 100 percent reservations ...................................... ?

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