BOOK REVIEW: THESE SEATS ARE RESERVED: CASTE, QUOTAS: CASTE, QUOTAS AND THE CONSTITUTION OF INDIA BY ABHINAV CHANDRACHUD BY - MS. NIKITA PATEL
BOOK REVIEW: “THESE SEATS ARE RESERVED:
CASTE, QUOTAS: CASTE, QUOTAS AND THE CONSTITUTION OF INDIA BY ABHINAV
CHANDRACHUD”
AUTHORED BY - MS. NIKITA PATEL
The
book “These Seats Are Reserved” by
Mr. Abhinav Chandrachud is divided into 7 chapters and consists of 247 pages.
In this book, Mr. Abhinav traces the history and making of the reservation
policy. He has dealt with the reservation policy that exists in India and the
history and events that led to the reservation policy of the British as well as
independent India. The book can be read by a lawyer, an academician, a law
student, or a layman as it talks about reservation in general terms. In this
article, I have outlined chapter-wise reviews for a better understanding of the
book.
In
Chapter 1, titled “The Depressed Classes”, Mr. Abhinav traced the
definition of the term ‘Depressed Classes’ and how it was defined in British
India and Independent India, in exactly what context it was used. The author's
work is appreciable in this chapter as he has traced the use of the term ‘Depressed
Classes’ as early as 1885 by giving examples, like a letter written by a
British official in the Bombay government, Sir William Lee Warner, addressed to
the Chief Secretary. He has dealt with the history of reservation policy in India
like the reservation benefits given for the first time to the Backward Tribes
in Government of India Act, 1935.
The
author has discussed Dr. Ambedkar’s opinions about reservation, which, in my
opinion, was unnecessary in this chapter as it could have been dealt with under
Chapter 3, titled “Ambedkar Produces a Formula”.
In
Chapter 2, titled “The Other Backward Class of Colonial Bombay,” the
author explained how terms like ‘depressed classes’ and ‘backward classes’ were
understood in India to mean ‘caste’ and ‘tribe.’ The reservation benefits to
the Other Backward Classes of Colonial Bombay began as early as the year 1902
in Kolhapur. The author has also dealt with interesting events surrounding the
rift between Brahmins and non-Brahmins, like the Vedokta Controversy (1901)
& the Tai Maharaj adoption case (1897), to highlight how caste-based
discrimination existed in earlier times.
The
author has pointed out various events, legislations, & Orders that
essentially point towards the fact that a general understanding of the term
“Backward Classes” means all the castes except brahmins, like the Scheduled Tribes,
Scheduled Castes, untouchables, etc.
However,
in laying down factual information and other events in this chapter, the author
has failed to create a link between the sub-headings, which makes it difficult
for the readers to maintain interest throughout the chapter.
In
Chapter 3, titled “Ambedkar Produces a Formula”, the author has outlined
some of the issues concerning reservation laws that were discussed in the Constituent
Assembly and its sub-committees. The Constituent Assembly Debates & reports
of the Committees of Constituent Assembly show that the sunset clause (i.e.,
reservation up to 10 years) and adequate & not proportional representation
was favored by Dr. Ambedkar. Dr. Ambedkar was of the view that reservation was
an exception to the principle of equality of opportunity & therefore, only
a minority of seats should be reserved for the backward classes.
The
author has also referred to the whole debate that occurred in the Constituent
Assembly regarding the inclusion of the reservation clause, the time frame (10
years) for providing reservation benefits, and the quota for reservation &
also who would benefit from these affirmative actions.
In
Chapter 4, titled “Nehru Dislikes the Word ‘Dalit’”, the author discusses
how the newly formed Parliament of independent India has tried to implement the
reservation clause and various questions/ doubts revolving around reservation
like who will be the backward classes, reservation in educational institutions,
etc. and how these questions were cleared during the course of time.
The
author has traced the steps that led to the reservation of seats in educational
institutions, as, in the original Constitution, the reservation was provided
only in the Legislative Assembly and Government jobs. For this, he has discussed
the case of State of Madras v. Champakam Dorairajan,
the First Amendment and the communal G.O.
issued by the Madras Government, this makes it easier for the readers to
understand the basics of reservation policy or the controversy around the
reservation in educational institutions.
The
author has also pointed out that Pt. Nehru was not in favor of reservation
policy, although he has always supported the upliftment of the backward classes
but not at the cost of efficiency.
The
author has discussed the appointment of the Kalelkar Commission to define the
term “Other Backward Classes”- as to who should be treated as “Socially &
Educationally backward classes”- whether it should include economic
backwardness or not.
However,
I feel that there is a lack of flow/ connection between the sub-topics in this chapter.
The title of the chapter creates an impression/ expectation in the mind of the
readers as to the role of Nehru in defining the term “Backward Classes,” but
the author has not discussed that in the chapter, instead he has just pointed
out that Nehru did not like the use of the word “Dalit” & was against
reserving seats at the cost of efficiency but always worked for their benefit. The
author also discussed the roles of various committees, amendments &
judiciary.
Chapter
5 titled- “Enter Mandal & Sawhney”, examines the various
case laws related to questions surrounding the reservation clause such as the extent
of reservation, the creamy-layer concept & who will come under the
definition of “backward classes”, for clarification of these doubts, the author
has discussed landmarks judgments like MR Balaji v. State of Mysore, T. Devdasan v. Union
of India (carry forward
rule), State of Kerala v. N. M. Thomas, Nivedita Jain v.
State of Madhya Pradesh (1981), etc.
The
author has discussed the 11 criteria for identifying who the “Other Backward
Classes” were as given by the Mandal Commission, but I feel that this could
have been discussed in more detail for better clarity for the readers. Then the
author moved on to discuss one of the most important judgments in the
reservation clause jurisprudence, which is Indra Sawhney v. Union of India
(also known as the Sawhney/ Madal case). The author has pointed out important
aspects of the judgment relating to the rule of 50% ceiling, but here the
author has failed to discuss other important aspects of this judgment as it was
also held in this judgment that there shall be no reservation in promotions and
that the creamy layer should be excluded from backward classes.
In
Chapter 6, Titled “An Era of Constitutional Amendments”, the author has
showcased how Parliament enacted certain amendments to the Constitution, which
ultimately diluted the effects of judgments of the Supreme Court relating to
the 50% ceiling limit, the carry forward rule, reservation in promotions, etc.
The
author has kept the curiosity of the readers alive by making this a match
between the Judiciary & the Parliament. The author in this chapter very
clearly explained the 13-point & 200-point roster system used in
reservation in employment by supporting it with elaborate examples. The author
has also explained other concepts relating to reservation by giving elaborative
examples, like- the carry forward rule, MRC (Meritorious Reserved Candidate)-
cases in which a reserved category student gets selected on his merits, Horizontal
& Vertical reservation, reservation in Promotions, relaxation to the
reserved category for certain tests. The author has explained these concepts by
citing judgments and statutory provisions.
The
author has concluded this chapter by discussing a recent landmark judgment
regarding a maximum of 10% reservation to EWS (Economically Weaker Section),
which was upheld in the case of Janhit Abhiyan v. Union of India (2022).
The fact that the author has discussed almost all the important aspects of the
judgment in brief is appreciable.
This
chapter is very good from an academic point of view, but it can be too
informative or a little too legal/ technical for a non-legal background reader
(layman and not a lawman).
Chapter
7, titled “Marriage, Conversion, Migration”, in this
chapter the author discusses the questions relating to the status of SCs, STs,
or OBCs after marriage, conversion to other religions, re-conversion to
Hinduism, migration to other states, and in cases of fraud or fake certificates
produced by a person claiming to be a reserved category candidate. The author
has explained these questions by discussing the relevant case laws. This
chapter is very insightful from the point of view of readers, as these are the
questions that come to everyone’s mind.
Conclusion
In
the concluding chapter, the author has summarized all the previous chapters in a
very easy manner and has concluded by laying down the arguments in favor &
against caste-based affirmative actions. However, the author has failed to give
any meaningful suggestions from his end to improve the existing reservation
policy in India and has also not given any of his personal opinions, which a reader
expects in the concluding chapter; instead, the author has left it for the
readers to decide for themselves, whether they are in support of caste-based
reservation or are against it by laying down the facts in front of them. Also,
the author has not discussed the future prospects of the reservation
policy in India.
