Palkhivala on Indra Sawhney, in his book We The People:
“the basic feature of the constitution envisages a cohesive, unified, casteless society. By breathing new life into casteism the judgment fractures the nation and disregards the basic features of the constitution. The decision would revitalize casteism, cleave the nation into forward and backward and make backwardness a vested interest. It will undo whatever has been achieved since independence towards a unified and integrated nation the majority judgments will revive casteism which the constitution emphatically intended to end; and the pre – independence tragedy would be re-enacted the erstwhile under privileged would now become the privileged”.
He then quotes Nehru:
“The only real way to help the backward group is to give opportunities for a good education.... But if we go in for reservations on communal and caste basis, we swamp the bright and the able people and remain second rate or third- rate.. it has amazed me to learn that even promotions are based sometimes on communal or caste considerations. This way lies not only folly, but disaster. Let us help the backward groups by all means, but never at the cost of efficiency”.
It's also worth remembering that Indra Sawhney was not a unanimous decision. The dissenting view was that class does not equate to caste.
30 years have passed since the judgement. The condition of SC/ST/OBC people are a lot better now. They have occupied high posts in government and politics. The country has not had an upper-caste person as PM since 2004, when Vajpayee's tenure ended. Globalisation and tech have also created many opportunities for SC/SC/OBC people. We have also been the US Supreme Court strike down race-based affirmative action.
So why not end caste-based reservation now? At most, have a 20% EWS quota for all, irrespective of caste?
“the basic feature of the constitution envisages a cohesive, unified, casteless society. By breathing new life into casteism the judgment fractures the nation and disregards the basic features of the constitution. The decision would revitalize casteism, cleave the nation into forward and backward and make backwardness a vested interest. It will undo whatever has been achieved since independence towards a unified and integrated nation the majority judgments will revive casteism which the constitution emphatically intended to end; and the pre – independence tragedy would be re-enacted the erstwhile under privileged would now become the privileged”.
He then quotes Nehru:
“The only real way to help the backward group is to give opportunities for a good education.... But if we go in for reservations on communal and caste basis, we swamp the bright and the able people and remain second rate or third- rate.. it has amazed me to learn that even promotions are based sometimes on communal or caste considerations. This way lies not only folly, but disaster. Let us help the backward groups by all means, but never at the cost of efficiency”.
It's also worth remembering that Indra Sawhney was not a unanimous decision. The dissenting view was that class does not equate to caste.
30 years have passed since the judgement. The condition of SC/ST/OBC people are a lot better now. They have occupied high posts in government and politics. The country has not had an upper-caste person as PM since 2004, when Vajpayee's tenure ended. Globalisation and tech have also created many opportunities for SC/SC/OBC people. We have also been the US Supreme Court strike down race-based affirmative action.
So why not end caste-based reservation now? At most, have a 20% EWS quota for all, irrespective of caste?