BENGALURU: Within 24 hours after an all-party meeting, the state Cabinet on Saturday accepted the Justice Nagamohan Das Committee report on increasing reservation for Scheduled Caste and Scheduled Tribe communities. Justice Nagamohan Das, in an interview with The New Sunday Express, speaks about the challenges and issues of the reservation system. Excerpts:
The Cabinet has approved your Committee's recommendations, what next?
One of my recommendations was to formulate a reservation Bill, and request the Union government to amend the Constitution, to include it in the 9th Schedule. There is no need for approval of the Union government. Irrespective of whether it is included in the 9th Schedule, the state government can implement the Bill immediately. Including it under the 9th Schedule is just a protective measure.
What are the challenges before the State government?
There are no challenges, but it needs political will to implement. They should bring in a Bill and pass it. I gave the report two years, four months ago, and it's been accepted now. Wisdom has prevailed over political parties in Karnataka. All parties unanimously accepted our report.
How is it in other states?
Nine states -- Madhya Pradesh, Maharashtra, Rajasthan, Punjab, Uttar Pradesh, Uttarakhand, Jharkhand and Tamil Nadu -- have crossed 50 per cent reservation.
Can reservation exceed 50 per cent?
The Supreme Court, in the Indra Sawhney case, put a cap of 50 per cent on all reservation, but it can be relaxed in exceptional circumstances. The Union government was giving 49.5 per cent reservation to SC, ST and OBC. In 2019, it amended the Constitution and introduced 10 per cent reservation for Economically Weaker Sections in General Category. When the Centre can cross 50 per cent, why not the State?
Does reservation reach the beneficiaries?
Budget allocation is made on the basis of SC/ST population. Today, some SC/STs are not enjoying the fruits of reservation. That is because many of them don't have basic education. Government employment prescribes minimum education and some of them don't have even this qualification. Therefore, the government should focus on their education. Instead of giving free sites, cattle or loans, the government should spend on education of SC/ST communities.
Will an increase in reservation allow other communities to demand they be included?
Our report mentions it. Reservation is there for past 75 years. It has benefited a small section, but a large section remains without any benefits. Reservation alone is not the solution. We must think of providing better education and employment opportunities.
Till when do we need reservation?
We cannot fix a time for this. Even if the government decides to end reservation today, one cannot see its fruits tomorrow. We have to work on the policy and programme. If we start now, we can see abundant changes in the next three or four years. There is a solution for every problem, and the government should work towards it. Let us not live with the illusion of getting better through reservation. We need to continue reservation till we reach a particular environment in the country. I say reservation has to come to an end. With cabinet approval, we have taken one step forward to give social justice. But one should not be under the illusion that it will solve all problems.
How long did it take you to prepare this report?
In 2019, a committee was constituted during the coalition government, but the government collapsed within a week. When the Yediyurappa government took charge, it was reconstituted and we submitted the report on July 2, 2020, as per schedule.
What was the basis for increasing reservation -- two per cent for SC and four per cent for ST?
According to population, STs alone are eligible for more than 7.5 per cent reservation, and SCs for 18 per cent. But the terms of reference were to make it 17 per cent from the existing 15 per cent for SC, and 7 per cent from 3 per cent for ST. We have to work within the terms of reference. My hands were tied with the terms of reference.
Does it not cause injustice to General Category?
We have suggested to take it from General Category. By increasing reservation to SC and ST, we will not cause injustice to General Category. SCs, STs and OBCs together constitute 76 per cent population of the state, the remaining 24 per cent is General. It also means 50 per cent reservation is given to 76 per cent, and remaining 50 per cent to 24 per cent. We are just trying to balance it.