Context: The article debates the slogan “Jitni abadi, utna haq,” which suggests rights proportional to population share. It explores historical and current uses of the slogan, its constitutional implications, and the need for data to inform policies. 

• It also discusses the importance of socioeconomic indicators for fair representation and the potential impact of a caste census on social justice and policy-making.

Constitutional Provisions Governing Reservation in India

Part XVI: Legislative Reservations

• Central and State Legislatures: Part XVI of the Constitution deals with the reservation of seats for Scheduled Castes (SC) and Scheduled Tribes (ST) in both central and state legislatures.

• Article 330 and 332: Specific representation is provided through reserved seats for SCs and STs in the Parliament (Article 330) and State Legislative Assemblies (Article 332).

Articles 15(4) and 16(4): Government Services

• Reservation in Services: Articles 15(4) and 16(4) allow state and central governments to reserve seats in government services for SC and ST members.

• 77th Amendment, 1995: Introduced clause 4A in Article 16, enabling reservation in promotions for SCs and STs.

• 85th Amendment, 2001: Modified clause 4A to include consequential seniority for SC and ST candidates promoted through reservation.

• 81st Amendment, 2000: Added Article 16(4B), allowing states to carry forward unfilled reserved vacancies to subsequent years, bypassing the 50% ceiling on total reservations.

Local Governance Reservations

• Article 243D: Ensures reservation of seats for SCs and STs in every Panchayat.

• Article 243T: Provides for reservation of seats for SCs and STs in every Municipality.

Efficiency and Administration

• Article 335: States that the claims of SCs and STs to services and posts should be considered, consistent with maintaining the efficiency of administration.

What is the slogan “Jitni abadi, utna haq” and its significance?

• The slogan “Jitni abadi, utna haq” means that rights should be proportional to a group’s share of the population.

Historical Significance

• The slogan has roots in India’s social justice movements.

• It was historically used by leaders to demand fair representation for marginalized groups.

• For example, B.R. Ambedkar advocated for proportional representation in his work States and Minorities.

• The British colonial government also introduced policies of proportional representation for certain sections of society.

Contemporary Significance

• The slogan is now used to push for policies for various groups like SCs, STs, OBCs, and others.

• There is increased demand for caste and sub-caste data to inform these policies.

• Critics argue it is against the Constitution, which emphasizes equality among all citizens.

• Implementation challenges include demands for sub-categorization within beneficiary groups, such as among Dalits and OBCs.

How should fair representation and reservation be determined?

• Socioeconomic and Educational Status: Fair representation should be based on a group’s socioeconomic and educational standing. For instance, while Parsis and Christians are minorities, they are advanced in education and socioeconomic status.

• Supplementary Indicators: Population can be a supplementary indicator in the absence of detailed data. Historically, population was used as a tentative indicator for fair representation.

• Comprehensive Policies: There should be general policies for economic and educational empowerment for all, irrespective of caste and religion, alongside specific policies for discriminated groups.

• Affirmative Action in Private Sector: Discrimination is more rampant in the private sector. Hence, reservation should also apply there.

• Informed by Data: Policies should be based on comprehensive data, including economic, educational, and social indicators, to ensure fair distribution of opportunities. For instance, a caste census can provide the necessary information to create fair and informed policies.

Why is a caste census important, and what could be its impact?

• Detailed Data: A caste census provides demographic and socioeconomic data about various castes and sub-castes.

• Informed Policies: This data helps create fair and transparent policies. For example, accurate information on education and income levels can guide resource allocation.

• Addressing Inequality: It reveals the economic and social status of different groups, showing progress or persistent discrimination.

• Policy Shifts: Data can highlight changes, such as certain SCs and OBCs moving out of poverty, impacting reservation policies.

• Reducing Bias: Current policies based on political pressure can shift to evidence-based decisions.