Reservation within the Constitutional Framework
The Constitution and Affirmative Action
- The Constitution is designed to uphold social justice while ensuring equality as a fundamental right.
- It permits the state to enact special provisions for the advancement of socially and educationally disadvantaged groups such as OBC, SC, and ST.
- OBC encompasses socially and educationally backward castes, with some states also recognizing Most Backward Classes (MBC), the classification varying across regions.
Reservation and Caps Set by the Supreme Court
- In the landmark Indra Sawhney case (1992), the Supreme Court upheld the 27% reservation for OBCs while imposing a cap of 50% on reservations unless extraordinary circumstances exist to justify exceeding this limit.
- The cumulative reservation of 49.5% includes quotas for OBC (27%), SC (15%), and ST (7.5%).
- Additionally, the court mandated the exclusion of the creamy layer from OBCs, with an income ceiling currently set at ₹8 lakhs per annum.
- In the Janhit Abhiyan case (2022), the court upheld the constitutional validity of Economic Weaker Section (EWS) reservation, which is based on economic criteria.
Affirmative Action Elsewhere
- In the United States, government-approved and voluntary private programs provide special consideration to racial minorities, primarily African-American and Latin-American groups. However, the U.S. Supreme Court has ruled that race-based affirmative action programs in college admissions violate the equal protection clause of the U.S. Constitution.
- The United Kingdom allows for voluntary “positive action” to address under-representation of disadvantaged groups in employment.
- France implements educational measures to enhance opportunities for low-income students.
Current Debates
- The Constitution prohibits religious-based reservation and discrimination under Articles 15 and 16.
- In Karnataka, the inclusion of all Muslim communities within the OBC quota has stirred controversy, especially considering existing sub-categorization for Muslims within the OBC quota.
- While sub-categorization exists within the OBC/MBC quota for Muslim communities in states like Kerala, Tamil Nadu, and Andhra Pradesh, there remains debate on whether this aligns with the Constitutional mandate.
Observations and Recommendations
- Reservation aims to address historical discrimination faced by OBC, SC, and ST communities.
- The Rohini Commission was established to propose recommendations on sub-categorization among OBC castes.
- The commission found that around 25% of OBC castes/sub-castes at the central level account for 97% of reserved jobs and educational institution seats.
- While sub-categorization has been implemented in 11 states, it has not been enacted at the central level, and the benefits of reservation continue to be concentrated within SC and ST categories without exclusion based on the creamy layer.
Reasons for Interpol Issuing a Blue Corner Notice Against Prajwal
The Story So Far
- Interpol, the International Criminal Police Organisation, has issued a blue corner notice against Prajwal Revanna, a politician who has been evading authorities since the leak of explicit video clips allegedly showing him sexually abusing multiple women.
Interpol and Its Functioning
- Interpol is an inter-governmental law enforcement organisation facilitating cooperation between national law enforcement agencies across 196 member countries to combat transnational crimes.
- It shares information globally regarding crimes and wanted criminals, providing technical and operational support to locate fugitives.
- Member countries utilize Interpol’s database to trace wanted individuals, with each country having a National Central Bureau serving as the liaison with Interpol.
- In India, the Central Bureau of Investigation (CBI) acts as the designated nodal agency for Interpol.
Interpol’s Notice System
- Interpol employs a colour-coded system to disseminate crime-related information among member countries and global organisations.
- However, compliance with Interpol notices is discretionary and not legally binding on member countries.
In This Case
- The issuance of a blue corner notice against Prajwal Revanna followed a request from the Special Investigation Team (SIT) formed by Karnataka, which sought assistance from the CBI for further investigation.
- Initially, the SIT issued a lookout circular against Revanna after he failed to appear before the panel.
- Reports indicate that Revanna departed for Munich, Germany, using his diplomatic passport a day after the Lok Sabha elections in his constituency.
Concerns Over Misrepresentation of EAC-PM Working Paper Findings by Media Outlets
Background
The Population Foundation of India (PFI), an independent think tank focusing on population trends and reproductive/sexual health, has raised concerns regarding the misrepresentation of data from a working paper released by the Economic Advisory Council to the Prime Minister (EAC-PM).
Details of the Report
- The working paper, titled “Share of religious minorities: a cross-country analysis (1950-2015),” was published on May 7.
- It analyzed the share of religious minorities in 167 countries, including India.
- Contrary to media reports, the paper did not indicate an alarming growth of the Muslim population but rather presented factual data on demographic trends.
- In India, the paper highlighted that while the share of Muslims in the population increased by 43.15% between 1950 and 2015, the share of Hindus decreased by 7.82%.
- Specifically, Hindus’ share declined from 84.68% in 1950 to 78.06% in 2015, while Muslims’ share increased from 9.84% to 14.09% during the same period.
- Additionally, the paper noted changes in the shares of other religious groups, such as Christians, Sikhs, and Parsis.
Reasoning in the Report
- The paper underscored the importance of understanding demographic changes in the context of various factors, including successful family planning programs.
- It highlighted examples of Muslim-majority countries like Bangladesh and Indonesia, where effective family planning initiatives have led to lower birth rates compared to India.
- These countries achieved this through factors such as higher levels of female education, improved employment opportunities, and better access to contraceptive choices.
- The paper emphasized that fertility decline is influenced by development factors rather than religious affiliation.
- The PFI expressed concern that media outlets were selectively portraying the data from the working paper, leading to misrepresentation and overlooking broader demographic trends.
In essence, the working paper’s findings underscore the need for a nuanced understanding of demographic changes and the role of development factors in shaping fertility rates, rather than attributing trends solely to religious affiliation.