Why not simply accept that since India is a caste-based society, our policy preferences must reflect this reality? In doing so, we could save ourselves from a lot of trouble – for example, being forced to read something that is not really there in the Constitution or providing justifications for so-called social justice policies that beg too many questions and also create more problems than they solve. Calling a caste a caste, not a class, will bring clarity to discussions and also have larger benefits
Our founding fathers had set up, through the Constitution, a small gate and a narrow path that would lead the nation to a just social order by limited reservations. But over the decades, governments widened the gate and broadened the path to such an extent that any and every group can be granted some quota. And the judiciary provides its enthusiastic support to this policy elasticity. Now it is no longer very clear what the Constitution of India stipulates, envisages or merely allows, or indeed downright prohibits.
The apex court held on Monday that the 10% quota reserved in government jobs and seats in educational institutions for the Economically Weaker Sections (EWS) among the upper castes is constitutional.
The rub is that one cannot find an article in the Constitution that envisages quotas for the EWS. Moreover, one cannot even cite an argument or a sentiment expressed in the Constituent Assembly that supports quotas for a section of the upper castes merely because they are poor.
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