MANDAL COMMISSION ASSUMPTIONS
- caste proportion has remained SAME SINCE 1931, (no caste wise data is available after that ) and ALL PROPORTIONS OF HINDUS HAVE GROWN EQUALLY.
- castewise enumeration of NON-HINDUS ..EVEN RELIGIONS PRIDING THEY HAVE NO CASTE .was taken ASSUMING that PROPORTION OF CASTES AMONG NON-HINDUS TO BE SAME AS THAT AMONG HINDUS.
Even at 1931 census ppl where bringing claims as to their belonging to higher castes..vaishyas in 1921 census claimed to be Brahmins and kshatriyas .census commissioner feels the whole thing is a mess.. he says in future after 10 yrs every one who claims to be a hindu will put himself as a Brahmin or a kshatriya .. so a different criteria will have to be adopted later .
¡n 1931 census finally the criterion adopted was that done in 1891 ..i e tabulation based on traditional occupation of a person.Population of India at that time estimated at 352.8 million ..tot no: of people covered by castewise table was 220.7 million (groups that where not popular and those which the local govt did not consider of sufficient importance was not attributed any caste..)
A bedi(with a soft d) was a man of saintly family while a bedi(with a hard d) is a thing of knought whom we class kanjars.
Census supdt cite the 1911 report .. there has been little change in the province during the last 30yrs with reference to basis of caste distinction, but restrictions have become very lax, rules regarded with impunity as to inter-marriages, .. traditional occupations discarded due to financial revolution .. general reaction is lower castes trying to move upper either by connecting with a forefather belonging to one of higher caste or by discovering a new origin for their caste/tribe.
there Is a continuous testimony of flux, blurring of castes from 1881-91 to 1911
depressed classes in assam different from those of Madras --reason? unapproachability of any caste to school/college does not exist nor difficulties in drawing water from public wells ..etc In assam!!!¨.
¡n 1931 census finally the criterion adopted was that done in 1891 ..i e tabulation based on traditional occupation of a person.Population of India at that time estimated at 352.8 million ..tot no: of people covered by castewise table was 220.7 million (groups that where not popular and those which the local govt did not consider of sufficient importance was not attributed any caste..)
A bedi(with a soft d) was a man of saintly family while a bedi(with a hard d) is a thing of knought whom we class kanjars.
Census supdt cite the 1911 report .. there has been little change in the province during the last 30yrs with reference to basis of caste distinction, but restrictions have become very lax, rules regarded with impunity as to inter-marriages, .. traditional occupations discarded due to financial revolution .. general reaction is lower castes trying to move upper either by connecting with a forefather belonging to one of higher caste or by discovering a new origin for their caste/tribe.
there Is a continuous testimony of flux, blurring of castes from 1881-91 to 1911
depressed classes in assam different from those of Madras --reason? unapproachability of any caste to school/college does not exist nor difficulties in drawing water from public wells ..etc In assam!!!¨.
CRIETERIA OF BACKWARD (in mandala)
social indicators
- 1.whether its considered socially backward by others
- 2.whether it depend on manual labour3.whether atleast 25% female & 10 % male above the states average got married at age <17>
- 4.whether female participation in work is atleast 25% above state avg.b)educational indicators indices of attendance in schools, about dropouts from schools , proportion of matriculates)
- avg value of family assets
- proportion living in kaccha houses
- distance from source of drinking water.
- consumption of loans taken by households.
Each caste assessed in each crieterion, in regard to quantifiable crieteria, it was given a point if its deviation from state avg exceeded 25% in 11 indices (given above) combined to composite score, social indicator given 3pt weightage, educational -2, economic -1. max score a caste could pile up was 22 .
thus by mandelian logic a caste that scored 11 or more became backward !!!!!!!!Reason for the above weightage? Economic in addition to social and educational indicators were considered important as they DIRECTLY FLOWED FROM SOCIAL AND EDUCATIONAL BACKWARDNESS.THIS ALSO HELPED TO HIGHLIGHT THE FACT THAT SOCIALLY AND EDUCATIONALY Backward CLASSES ARE ECONOMICALY Backward ALSO!!!!!!
List became gospel of govts list of 3743 castes ..this is among hindus alone. Most of NON- HINDUS ARE STILL TO BE PUT TOGETHER records mandal.About the survey that mandal commission said formed the basis of the list..prof .B.K.Roy Burman who headed team revealed that each of the suggestions given by experts where ignored , that instead of the 151 tables suggested by them being used 31 where used, data collected were concealed from experts , while experts had to conclude that occupation was better criterion of backward or at least a blend a blend of occupation should be used .. commission plummeted for caste alone ,
that the tampering commenced precisely after a pilot survey in W.bengal showed that only 2 occupational groups blacksmith & potters could properly be regarded as backward .Biju Patnaik inform PM that some of caste (20) listed as being OBC where already listed under SC/ST,
commission lists as castes entities which are just surnames , surname which are used by both high and low caste ..some of the caste listed was untraceable in Orissa.
In WB also some caste untraceable.
UP , Bihar some caste in BC where dominant and domineering.
Justice Kuldip Singh point out that only 2 villages & 1 urban block in each dist in country taken into Account which make only 0.06 % of villages in India surveyed.
thus by mandelian logic a caste that scored 11 or more became backward !!!!!!!!Reason for the above weightage? Economic in addition to social and educational indicators were considered important as they DIRECTLY FLOWED FROM SOCIAL AND EDUCATIONAL BACKWARDNESS.THIS ALSO HELPED TO HIGHLIGHT THE FACT THAT SOCIALLY AND EDUCATIONALY Backward CLASSES ARE ECONOMICALY Backward ALSO!!!!!!
List became gospel of govts list of 3743 castes ..this is among hindus alone. Most of NON- HINDUS ARE STILL TO BE PUT TOGETHER records mandal.About the survey that mandal commission said formed the basis of the list..prof .B.K.Roy Burman who headed team revealed that each of the suggestions given by experts where ignored , that instead of the 151 tables suggested by them being used 31 where used, data collected were concealed from experts , while experts had to conclude that occupation was better criterion of backward or at least a blend a blend of occupation should be used .. commission plummeted for caste alone ,
that the tampering commenced precisely after a pilot survey in W.bengal showed that only 2 occupational groups blacksmith & potters could properly be regarded as backward .Biju Patnaik inform PM that some of caste (20) listed as being OBC where already listed under SC/ST,
commission lists as castes entities which are just surnames , surname which are used by both high and low caste ..some of the caste listed was untraceable in Orissa.
In WB also some caste untraceable.
UP , Bihar some caste in BC where dominant and domineering.
Justice Kuldip Singh point out that only 2 villages & 1 urban block in each dist in country taken into Account which make only 0.06 % of villages in India surveyed.
A SMALL FACT TO BE CONSIDERED IN 1931 INDIA CONSISTED OF PAKISTAN, SRI LANKA, BANGLADESH AND BURMA!!! (this is the time when last census which included caste was done)
Kerala survey results(cited by mandal commission) based on NETTOOR COMMISSION yrs ago. ie. no sepe
Karunanidhi came to power in 1989..wound up enumeration committee so as to decide at the (vanniyar had given him an ultimatum in this regard on Mar 11, 1989) he announce 20% reservation for most backward classes including vanniyars -- Karunanidis caste was among most backward !!!
Dr.P.Radhakrishnan Fellow of Madras inst of development studies record that backward caste in TN grow from 11 in 1883 to 270 in 1953 .mandal commission list 288 for the state -- a state from the govt service of which , & from several professions in it , those not fortunate enough to be backward caste have been well nigh driven out..
In UP --yadava , kurmi, gujars --autonomous ..while striving to socially catch up with forwards resent rising political consciousness among agricultural labourers.
Karunanidhi came to power in 1989..wound up enumeration committee so as to decide at the (vanniyar had given him an ultimatum in this regard on Mar 11, 1989) he announce 20% reservation for most backward classes including vanniyars -- Karunanidis caste was among most backward !!!
Dr.P.Radhakrishnan Fellow of Madras inst of development studies record that backward caste in TN grow from 11 in 1883 to 270 in 1953 .mandal commission list 288 for the state -- a state from the govt service of which , & from several professions in it , those not fortunate enough to be backward caste have been well nigh driven out..
In UP --yadava , kurmi, gujars --autonomous ..while striving to socially catch up with forwards resent rising political consciousness among agricultural labourers.
Cases and decesions in supreme court
PERIYAKARUPPAN Vs TN (1971) 1 SCC 38 .. the fact that candidates of backward have secured 50% of seats in general pool does show that the time has come for a de novo comprehensive examination of the question . it must be remembered that govt decision in this regard is open to judicial review.. on 23 aug 2002 Hindu .. of total 1224 seats in 12 govt medical colleges 952 i.e 77.9% have been taken by backward caste & most backward caste students , they have scored so well as to capture each of the 1st 14 ranks . students fron caste which didn't have reservation were able to secure just 2.3% of seats. In top 100 rank , the non- reserved got just 6 places . the backward caste got 79 and most backward caste got 13. in 1st 400 only 31 where non-reservation castes .
INDRA SAWHNEY II ..court direct both central level and state govt .. commission to be set up within 4 months to identify the creamy layer among backward caste (on 16 , nov 1992) . for 3 yrs kerala govt do nothing ..dereliction taken to SC on 20, mar 1995. contempt of court charged on govt of kerala. govt file affidavit that Act had already been passed to set up the required commission , & that It was just that the commission , more than once held that it did not have the power to identify the creamy layer , 10, july 1995.. SC reject the explanation.. contempt of court charged .. give govt 2 month to purge .. on 13 july 1995. 3 day after judgement , kerala cabinet decide to set up standing committee to identify creamy layer. But suddenly as SC note later on july 27 1995 decided to continue existing system of reservation .. with predictable alacrity on 31, aug 1995. Act passed which stated that having regard to known facts in existence in state, there ARE NO SOCIALLY ADVANCED SECTION IN ANY OBC WHO HAVE AQUIRED THE CAPACITY TO COMPETE WITH FORWARD caste ACT GIVEN RETROSPECTIVE EFFECT FROM 2 OCT ,1992 TO BOOT. Reviving act SC recognize blatant contempt of court point that SC itself appointed a High level committee under justice JOSEPH & committee had indeed identified such a layer without any difficulty . SC set up committee directly report to be submitted on aug 4, 1997.
as action even after that was tardy SC delivered stinging judgement in INDRA SAWHNEY II dec 1999 .. kerala GOVT HAS DELEBERATELY VIOLATED DIRECTIONS OF THIS COURT .. THIS ACT OF GOVT HAS UNFORTUNATELY RESULTED IN ALLOWING CREAMY LAYER AMONG Backward Caste IN STATE OF KERALA TO CONTINUE TO GRAB POSTS IN GOVT SERVICE , PUBLIC SECTOR E.T.C EVEN AFTER INDRA SAWHNEY GET AWAY WITH THE SAME.. THE RESULT IS THAT REALLY Backward AMONG Backward Caste HAVE BEEN DELIBERATELY DEPRIVED BY THE STATE OF THEIR LEGITIMATE RIGHT TO THESE POSTS WHICH WOULD OTHERWISE HAVE OBVIOUSLY GONE TO THEM.. it has become a practice for govts to violate law and pass the buck to courts to strike down and tell the masses to blame the court for the same..
B. R AMBEDKAR TALKING ON EXTENT OF RESERVATION POSSIBLE
let me give an illustration supposing for instance , reservation where made for a community/a collection of communities , the total seats say appr 70% of total posts under state reserved and only 30% open.. could it be satisfactory form the point of view of giving effect to the 1st principle (art 10) namely , there shall be equality of opportunity ? it cant be in my judgement.. therefore , the seats reserved , if the reservation is to be consistent with subclause (1) of art 10 , must be confined to a minority of seats .. it is only then the 1st principle could find its place in the constitution & be effective in operation- yet in wake of indra sawhney states have reserved 69% of seats exactly the proportion mentioned by ambedkar to emphasise how rule of equality would be swallowed by the exception..
Equality of opportunity confounded with equality of outcome. .. when a SINGLE SEAT IS RESERVED it is 100% reservation ..later SC reverse this .. PG inst of medical education & research Vs faculty assoc (1998) 4 SCC 1 .. when just 1 post is avail ., the court held, reserving it completely is to exclude the entire population that has not been listed in the schedules .. this violate fundamental right to equality ..so not possible..
Railway accidents enquiry committee 1968 refer to discomfort among supervisors.. slant against SC/ST promotion policy..
as action even after that was tardy SC delivered stinging judgement in INDRA SAWHNEY II dec 1999 .. kerala GOVT HAS DELEBERATELY VIOLATED DIRECTIONS OF THIS COURT .. THIS ACT OF GOVT HAS UNFORTUNATELY RESULTED IN ALLOWING CREAMY LAYER AMONG Backward Caste IN STATE OF KERALA TO CONTINUE TO GRAB POSTS IN GOVT SERVICE , PUBLIC SECTOR E.T.C EVEN AFTER INDRA SAWHNEY GET AWAY WITH THE SAME.. THE RESULT IS THAT REALLY Backward AMONG Backward Caste HAVE BEEN DELIBERATELY DEPRIVED BY THE STATE OF THEIR LEGITIMATE RIGHT TO THESE POSTS WHICH WOULD OTHERWISE HAVE OBVIOUSLY GONE TO THEM.. it has become a practice for govts to violate law and pass the buck to courts to strike down and tell the masses to blame the court for the same..
B. R AMBEDKAR TALKING ON EXTENT OF RESERVATION POSSIBLE
let me give an illustration supposing for instance , reservation where made for a community/a collection of communities , the total seats say appr 70% of total posts under state reserved and only 30% open.. could it be satisfactory form the point of view of giving effect to the 1st principle (art 10) namely , there shall be equality of opportunity ? it cant be in my judgement.. therefore , the seats reserved , if the reservation is to be consistent with subclause (1) of art 10 , must be confined to a minority of seats .. it is only then the 1st principle could find its place in the constitution & be effective in operation- yet in wake of indra sawhney states have reserved 69% of seats exactly the proportion mentioned by ambedkar to emphasise how rule of equality would be swallowed by the exception..
Equality of opportunity confounded with equality of outcome. .. when a SINGLE SEAT IS RESERVED it is 100% reservation ..later SC reverse this .. PG inst of medical education & research Vs faculty assoc (1998) 4 SCC 1 .. when just 1 post is avail ., the court held, reserving it completely is to exclude the entire population that has not been listed in the schedules .. this violate fundamental right to equality ..so not possible..
Railway accidents enquiry committee 1968 refer to discomfort among supervisors.. slant against SC/ST promotion policy..
Dr. AMBEDKAR IN HIS MATRICULATION SCORED ONLY 37.5 % (MIN TO PASS WAS 35 %) IF HIS POTENTIALITIES WHERE TO BE JUDGED BY THE SAID MARKS , THE COUNTRY WOULD HAVE LOST THE BENEFIT OF HIS TALENT FOR ALL TIME TO COME.. REMARKS THE PROGRESSIVE JUDGE.Amendment 82, art 335 .. qualifying marks & standards of evaluation can be lowered85th amendment art 16 (4a) reservation in promotion with consequential seniority..
RESERVATION IN PG LEVEL -- argument in favour of reservation in UG level is that after UG they come out as a class -- why preferential treatment afterwards then?
POST GRAD INST OF MEDICAL EDUCATION AND RESEARCH Vs K.L.NARASIMHAN (1997) 6 SCC 283 .. its common knowledge that marks would be secured in diverse modes. Its no indication that particular % of marks secured is an index of proficiency , efficiency and excellence . they are awarded in internal exam on the basis of caste , creed, colour, religion , etc..
Are courts free from reservation? HC in Patna reserving 14% in lower judiciary for SC and 10% ST .. in 1991 Bihar govt issue ordinance reserving 50% seat for SC/ST/ obc ,.. legislature confirm it later by making it an act ..challenged -- SC strike down act. .. rules that HC being a constitutional authority is itself conscious of its constitutional obligations . its already without formal law directing it to do so ensuring 24% reservation for SC/ST ..it cannot be increased WITHOUT HAMPERING EFFICIENCY AS ENVISAGED IN ART 335.
Year of mandal commission .. kerala entrance appr 20,000 candidates wrote, for 700 MBBS seat, fwd caste had to get 412 or less to get in, ezhava 1,605, muslim 1,752 LC 2,653 SC 4,409 ST 14,246
Karnataka 2005 gen merit candidate with > 540 rejected while reservation rank as low as 40,799 get in.
out of 60 marks student who got 40,799 scored 2.75 in physics, 6.5 in chem.,8 in bio ..he got in while somebody who got 34.25 ,41,48 did not..
in engg an SC got admn after scoring 0,3.5,0 out of 60 in phy chem, Math.
2004 medical stud with 6.5,12,20,in phy chem. Bio and rank 29196 get seat thru reservation while som1 with 26.5,41.75,53.25 in the 3 subs rank 496 denied seat bcos his caste not powerful enough to get itself anointed as backward..
Karnataka ..by 2006 due to operation of roster system all posts of engg in chief , 95% of those of chief engg, 82% of supt engg. 42 % of Ex.engg will be SC/ST ,.. from 2007 all posts of chief engg from 2015 all supt,engg. And from 2020 all ex.engg will be manned by SC/ST
2006 Jharkand 78% of jt.sec level vacancy and 64% depty.sec level vacancy reserved for SC/ST. If a person from a SC/ST qualifies on his own he is not counted against reservation quota so those who are inducted in reservation are by definition ones who would not get in but for reservation ..so how can efficiency not be affected?
Art 330,332- tot of 593 seats in lok sabha 4,091 in state assembly , 120 and 108 seats reserved for SC/ST of 120 reserved in LS 79 SC 41 ST ..candidates of these category can alone contest from these constituencies..
Are courts free from reservation? HC in Patna reserving 14% in lower judiciary for SC and 10% ST .. in 1991 Bihar govt issue ordinance reserving 50% seat for SC/ST/ obc ,.. legislature confirm it later by making it an act ..challenged -- SC strike down act. .. rules that HC being a constitutional authority is itself conscious of its constitutional obligations . its already without formal law directing it to do so ensuring 24% reservation for SC/ST ..it cannot be increased WITHOUT HAMPERING EFFICIENCY AS ENVISAGED IN ART 335.
Year of mandal commission .. kerala entrance appr 20,000 candidates wrote, for 700 MBBS seat, fwd caste had to get 412 or less to get in, ezhava 1,605, muslim 1,752 LC 2,653 SC 4,409 ST 14,246
Karnataka 2005 gen merit candidate with > 540 rejected while reservation rank as low as 40,799 get in.
out of 60 marks student who got 40,799 scored 2.75 in physics, 6.5 in chem.,8 in bio ..he got in while somebody who got 34.25 ,41,48 did not..
in engg an SC got admn after scoring 0,3.5,0 out of 60 in phy chem, Math.
2004 medical stud with 6.5,12,20,in phy chem. Bio and rank 29196 get seat thru reservation while som1 with 26.5,41.75,53.25 in the 3 subs rank 496 denied seat bcos his caste not powerful enough to get itself anointed as backward..
in government posts
UP 1992 only 6% of posts in UP reserved for SC/ST in medical and health dept ..law made to prescribe 20% of promotion reserved for SC/ST .. Dr A promoted to jt, dir superseding 100 docs, dr B promoted superseding 500 doc .. dr C..900 docs, dr D ..1600 people down in seniority and dr E appointed a CMO of city near dilli superseding 1,500 docsKarnataka ..by 2006 due to operation of roster system all posts of engg in chief , 95% of those of chief engg, 82% of supt engg. 42 % of Ex.engg will be SC/ST ,.. from 2007 all posts of chief engg from 2015 all supt,engg. And from 2020 all ex.engg will be manned by SC/ST
2006 Jharkand 78% of jt.sec level vacancy and 64% depty.sec level vacancy reserved for SC/ST. If a person from a SC/ST qualifies on his own he is not counted against reservation quota so those who are inducted in reservation are by definition ones who would not get in but for reservation ..so how can efficiency not be affected?
Art 330,332- tot of 593 seats in lok sabha 4,091 in state assembly , 120 and 108 seats reserved for SC/ST of 120 reserved in LS 79 SC 41 ST ..candidates of these category can alone contest from these constituencies..
this pattern of reservation shows 4 charecterestic features
- Gandhi had to agree to this kind of reservation in 1932 to heed of british communal award ..it was to expire after 20 yrs ..in 1952 ..it still continues
- legislators elected in such manner see themselves primarily as members of their caste ..meet across party lines ..as a block ..since legislature is splintered (since coalitions r the rule of the day ) they have to yield to the block. More yield more for caste identity..
- SC/ST constitute just 20-30 % of electorate in these reserved constituencies ie 70-80% of non SC/ST in effect lose right to represent voters of the constituency..
- within the SC/ST dominant sub-caste /tribal groups e.g. Meenas Swai Modhpur , corners and is able to perpetuate its hold over the seat for decades.
Manusmriti has been collated over 700 yrs . what is original ? what is interpolation? Did it really represent the social condition then?
Chanakya valued sudra armies more .. Brahmins are easily propitiated he observed..
2006 Kerala govt --reservation to muslim and bc -- service rules to be changed to allow direct recruitment to fill 40% quota set aside for them .. if not filled PSC will prepare additional supplementary list so that vacancy may be filled only by a particular section..
Jharkand 32 tribe.. most backward caste ..(literacy level among them just 10% ) will be directly recruited to govt service ..those who pass graduation among them need not take the qualifying exam which all have to take for govt service
93rd amendment ..give power of state to specify proportion of seat even in private colleges which get no assistance from govt..
About our public distribution system ..Planning commission in midterm appraisal of 9th plan 1997-2002 ..overall amt spent on principal poverty alleviation program excluding the amount spent on many other sectors such as infrastructure & social welfare at the time was around Rs 40,000 crore a year, total no: of poor family appr 5 crore so amount / poor family comes to Rs 8000/ annum. Even assuming that each of the 5 crore were completely penniless and had no other income they could buy every day 3Kg of foodgrain with this money.. from market @ Rs.7 /Kg , thus come above poverty level.
INDRA SAWHNEY JUDGEMENT 1992/93 judge is heartbroken at the story of --purada vannas who lived in darkness whole life ..not allowed to come in daylight bcos their sight was said to pollute.. washed clothes from midnight to daybreak of higher castes ..where persuaded with difficulty even to come out of their houses to give an interview to the investigator .JUSTICE PANDIAN GOT THE EVIDENCE FROM MANDAL COMMISSION REPORT WHICH GETS ITS EVIDENCE FROM A BOOK " RISE AND AWAKENING OF DEPRESSED CLASSES IN INDIA " WHOSE SOURCE IS A NEWSPAPER CUTTING IN HINDU OF DEC 24 , 1932. WE HAVE TO BELIEVE THAT IT REPRESENTS A PICTURE OF INDIA EVEN TODAY.
Judge comments further .. -- the state of health of the nation viewed through their eyes (of high caste rulers and controllers) & improvement of health affected according to their prescription .on the contrary is that british and Islamic invaders went every centimeter to persecute the warrior class simply becos they stood against the spread of invaders religion and power.
dr. K. S. Lal's view that Islamic rule succeded bcos of highly oppressive Indian society(in growth of SC/ST in medivial India) is false-- reason=> other countries like Syria and Afghanistan convert wholesale into islam but not in India -- if society was so oppressive It would have --
Judge comments further .. -- the state of health of the nation viewed through their eyes (of high caste rulers and controllers) & improvement of health affected according to their prescription .on the contrary is that british and Islamic invaders went every centimeter to persecute the warrior class simply becos they stood against the spread of invaders religion and power.
dr. K. S. Lal's view that Islamic rule succeded bcos of highly oppressive Indian society(in growth of SC/ST in medivial India) is false-- reason=> other countries like Syria and Afghanistan convert wholesale into islam but not in India -- if society was so oppressive It would have --
- Shivaji was of lower caste(sudra) fist of his army made of KUNBI AND MARATHA (lower castes)
- GONDS where ppl who where of high civilization ..had to flee to mountains and forests to flee the persecution by Muslim invaders ..where later reduced to tribals bcos of the life their .. bcos they resisted Muslims. The operating rule from KHILJI TO AURANGEZEB was to leave in the hands of the farmer barely enough to survive and ..for seeds.farmers had to sell their wives and children or become slaves or embrace islam or flee to forests ITS OBVIOUS THAT RESISTANCE WAS OFFERED ALL OVER THE COUNTRY ..THAT TOO FOR THOUSANDS OF YRS.there where forests everywhere..ibn batuta writes of rhinos in jungles of allahabad. Abul fazl report akbar hunting leopards 30/40 km from agra..these account for the enormous increase in no: of SC/ST as we see now.
- hardly any Muslim chronicler/historian says of a lower caste convert to Islam due to oppression of higher castes whereas several of them cite how they lived together peacefully and we see one after another pour special venom on lower caste for being most determined in resistance to spread of islam.
Mahavakyams say -
aham brahmasmi,
tat tvam asi
sarvamidham khalu Brahman
= when each being a soul, when the soul is common to all, when the soul is same as the immanent transcendent reality that pervades the universe, how is any text that ordains differentiation in harmony with religion?Even in the census report of 1921 census commissioner had observed that given the importance that caste had in determining a person's civil conditions it had been difficult for people to appreciate that the objective of the enquiry was merely to ascertain the nos: of each caste & the ancient tradition of that of the king/govt who was the ultimate authority in determining question of caste probably helped the general belief that the effect of the census record so far as the individual was concerned would be to fix his part or position in social scale.
1931 census after tables published.. claim for new caste-list by sabhas (representing a caste ) in every single instance claim was to be considered as higher caste .Census record claims of 44 castes each for upgrade .. baidya to baidya Brahman,chamar to satnami, yugi to yogi..
SATNAMI WERE A RELIGION.. but as local govt in 1926 had decided to represent them as separate group in next census ..classification had to be adopted BUT ONE OF THE ORIGINAL DOCTRINES OF SATNAMI RELIGION IS TO DENY THE SUPREMACY OF BRAHMINS AND DENY DISTINCTIONS OF CASTE--yet another e.g. of govt decision in fomenting claims, transmutation of a doctrine ..usefulness of even such a category in enabling a lower group to raise itself in eyes of others and in its own eyes.
PASIS WHOSE UNRAVELLED PROFICIENCY IN TREE-CLIMBING IS SAID TO HAVE ENCOURAGED THEM TO CLAIM A TITLE MEANING THE BRAHMINS WHO GO UP IN THE AIR
Punjab.. tendency among occupational castes to return a higher caste . 1 of the main reason was a desire to be included in one of the agricultural tribes like jat/rajput..and thus to secure an exemption from the Punjab land alienation act..
Leaders of several communities take great trouble to prove their title to a new name.. community feels that it really has a status in society which is denied by the old name. they feel by the use of new names communities wish to regain lost position or divert themselves from the unpleasant association on the contrary picture now ->IN INSTITUTIONS OF TODAY SC/ST AND HARIJAN NOT TO BE USED ..INSTEAD DALIT (=OPPRESSED) IS USED OR ONES WHO R CRUSHED ..
in other instances pathetic.. as leaders who exerted so hard to elevate the name did little to raise the level of life of the community ..
Yeats report (1931) comparing 5 successive census ..Madigas(leather workers) diminished apparently to 16%, more pronounced decline however is apparent in their hereditary enemies , the Molas, who have shed a million , while in the south THE PARAYANS HAVE DROPPED 1.25 MILLION AND THE TOTIS HAVE PRACTICALLY DISAPPEARED..
With reservation expanding every year we can easily ascertain the fact that each and every one of these caste /sabhas which had successfully agitated to be included in a higher caste has since then (after 1931) successfully agitated to be enrolled as SC/ST
Even sanskritisation among lower caste start .. they start adopting practices modern hindus consider retrograde like prevent widow remarriage , insistence of purda..
Bakshi commission based its list of backward classes based on caste..agitation of such severity that another commission RANE commission had to be set up(1981)
Sir REGINALD MAXWELL (HOME MINISTER) along with addl sec SIR RICHARD TOTTENHAM (maneuvered the defeat of quit India movement..he is the one with whom P.C.JOSHI the then sec gen of CPI , had those secret meetings with whom commissioner struck secret understanding to sabotage quit india and to whom they submitted their reports about what useful work they had done to accomplish that task.
MWM YEATS (CENSUS COMMISSIONER 1941) work in progress.. refuses to tabulate data according to caste due to practical difficulties. maxwell meet home sec conran smith and yeats decide census of 1941 to be same as that of 1931 1st census
after independence ..SARDAR PATEL told delegates and census officials formerly there used to b elaborate caste tables which were required in india partly to satisfy the theory that India was a caste-ridden society and partly to meet administrative ..dependant on the division.. in forthcoming census this will no longer be a prominent feature instead census would focus on economic data..
List of OBC notified by KAKA KALELKAR COMMISSION differs greatly from that given by state govt..(referred by mandal commission ) 124 vs 95 in Andhra, 44 vs 119 n assam, 88 Vs 64 in haryana, 48 Vs 76 in kerala, 156 Vs 1245 in TN
main reason? state govt FORMULATE LIST BASED ON SOME SORT OF FIELD INVESTIGATION AND KALELKAR BORROWED LIST PREPARED BY MINISTRY OF EDUCATION FOR THE AWARD OF POST-MATRIC SCHOLARSHIP!!!!
State like haryana, HP, assam , orissa had enlisted OBC WITHOUT ANY INVESTIGATION NO STATE GOVT COULD FURNISH FIGURES REGARDING LEVEL OF LITERACY AND EDUCATION IN OBC NO STATE GOVT COULD PROVIDE INFO ON THE EXTENT OF EMPLOYEMENT AMONG THEM AS WELL AS ON OCCUPATION ON WHICH THEY WHERE DEPENDANT..
15(1) women & child
29 religion not mentioned
30= invoked to assert right for Muslim qua Muslims
46 = directive principles of state policy335 = SC/ST in administration special measuresMadras govt admit an SC over better performing non SC court ruling : art 46 (directive principles of state policy ) cannot override art 29(2) i.e fundamental right for equality
1st constitution amendment new clause added to art 15 (4) give right to state to give special rights to SC/ST Constituent assembly had recommended reservation not to exceed 50%
in tamil nadu 69% jobs reserved on birth
SC decision in INDRA SAWHNEY (1993/94) court rule reservation must b brought down to 50%.. TN govt call all party decision to continue 69% reservation sent it to centre under art 31c .. president give assent..(union home min call all party meeting in 13th july 1994.. give assent)State govt request cente to take step to place act in 9th schedule so that it cant be challenged In court .. constitution amendment 76,1994 ..TN legislation put beyond reach of courts ..
1931 census after tables published.. claim for new caste-list by sabhas (representing a caste ) in every single instance claim was to be considered as higher caste .Census record claims of 44 castes each for upgrade .. baidya to baidya Brahman,chamar to satnami, yugi to yogi..
SATNAMI WERE A RELIGION.. but as local govt in 1926 had decided to represent them as separate group in next census ..classification had to be adopted BUT ONE OF THE ORIGINAL DOCTRINES OF SATNAMI RELIGION IS TO DENY THE SUPREMACY OF BRAHMINS AND DENY DISTINCTIONS OF CASTE--yet another e.g. of govt decision in fomenting claims, transmutation of a doctrine ..usefulness of even such a category in enabling a lower group to raise itself in eyes of others and in its own eyes.
PASIS WHOSE UNRAVELLED PROFICIENCY IN TREE-CLIMBING IS SAID TO HAVE ENCOURAGED THEM TO CLAIM A TITLE MEANING THE BRAHMINS WHO GO UP IN THE AIR
Punjab.. tendency among occupational castes to return a higher caste . 1 of the main reason was a desire to be included in one of the agricultural tribes like jat/rajput..and thus to secure an exemption from the Punjab land alienation act..
Leaders of several communities take great trouble to prove their title to a new name.. community feels that it really has a status in society which is denied by the old name. they feel by the use of new names communities wish to regain lost position or divert themselves from the unpleasant association on the contrary picture now ->IN INSTITUTIONS OF TODAY SC/ST AND HARIJAN NOT TO BE USED ..INSTEAD DALIT (=OPPRESSED) IS USED OR ONES WHO R CRUSHED ..
in other instances pathetic.. as leaders who exerted so hard to elevate the name did little to raise the level of life of the community ..
Yeats report (1931) comparing 5 successive census ..Madigas(leather workers) diminished apparently to 16%, more pronounced decline however is apparent in their hereditary enemies , the Molas, who have shed a million , while in the south THE PARAYANS HAVE DROPPED 1.25 MILLION AND THE TOTIS HAVE PRACTICALLY DISAPPEARED..
With reservation expanding every year we can easily ascertain the fact that each and every one of these caste /sabhas which had successfully agitated to be included in a higher caste has since then (after 1931) successfully agitated to be enrolled as SC/ST
Even sanskritisation among lower caste start .. they start adopting practices modern hindus consider retrograde like prevent widow remarriage , insistence of purda..
Bakshi commission based its list of backward classes based on caste..agitation of such severity that another commission RANE commission had to be set up(1981)
Sir REGINALD MAXWELL (HOME MINISTER) along with addl sec SIR RICHARD TOTTENHAM (maneuvered the defeat of quit India movement..he is the one with whom P.C.JOSHI the then sec gen of CPI , had those secret meetings with whom commissioner struck secret understanding to sabotage quit india and to whom they submitted their reports about what useful work they had done to accomplish that task.
MWM YEATS (CENSUS COMMISSIONER 1941) work in progress.. refuses to tabulate data according to caste due to practical difficulties. maxwell meet home sec conran smith and yeats decide census of 1941 to be same as that of 1931 1st census
after independence ..SARDAR PATEL told delegates and census officials formerly there used to b elaborate caste tables which were required in india partly to satisfy the theory that India was a caste-ridden society and partly to meet administrative ..dependant on the division.. in forthcoming census this will no longer be a prominent feature instead census would focus on economic data..
List of OBC notified by KAKA KALELKAR COMMISSION differs greatly from that given by state govt..(referred by mandal commission ) 124 vs 95 in Andhra, 44 vs 119 n assam, 88 Vs 64 in haryana, 48 Vs 76 in kerala, 156 Vs 1245 in TN
main reason? state govt FORMULATE LIST BASED ON SOME SORT OF FIELD INVESTIGATION AND KALELKAR BORROWED LIST PREPARED BY MINISTRY OF EDUCATION FOR THE AWARD OF POST-MATRIC SCHOLARSHIP!!!!
State like haryana, HP, assam , orissa had enlisted OBC WITHOUT ANY INVESTIGATION NO STATE GOVT COULD FURNISH FIGURES REGARDING LEVEL OF LITERACY AND EDUCATION IN OBC NO STATE GOVT COULD PROVIDE INFO ON THE EXTENT OF EMPLOYEMENT AMONG THEM AS WELL AS ON OCCUPATION ON WHICH THEY WHERE DEPENDANT..
Relevant articles
Art 14, 15(1), 16(1), 16(2), 16(4) reservation of backward class of citizens15(1) women & child
29 religion not mentioned
30= invoked to assert right for Muslim qua Muslims
46 = directive principles of state policy335 = SC/ST in administration special measuresMadras govt admit an SC over better performing non SC court ruling : art 46 (directive principles of state policy ) cannot override art 29(2) i.e fundamental right for equality
1st constitution amendment new clause added to art 15 (4) give right to state to give special rights to SC/ST Constituent assembly had recommended reservation not to exceed 50%
in tamil nadu 69% jobs reserved on birth
SC decision in INDRA SAWHNEY (1993/94) court rule reservation must b brought down to 50%.. TN govt call all party decision to continue 69% reservation sent it to centre under art 31c .. president give assent..(union home min call all party meeting in 13th july 1994.. give assent)State govt request cente to take step to place act in 9th schedule so that it cant be challenged In court .. constitution amendment 76,1994 ..TN legislation put beyond reach of courts ..
INDRA SAWHNEY (1993/94) prevent promotion after entry into service- violation of art 355 i.e efficiency of govt service will b affected .. may 1995 constitution amendment 77, new clause (4a) allow promotion on basis of SC/ST50% ceiling on reservation continue and enough candidates not avail .. constitution amendment 81, new clause in (4a) under art 16 .. reservation vacancies continue as separate class of vacancy. This class of vacancy not considered together with vacancy of current year in determining 50% ceiling.
VINOD KUMAR Vs UNION OF INDIA again court uphold art 355.. so constitution amendment 82, 2000. art 335 modified SC/ST qualifying marks to be lowered to suit the performance of the candidate.Promotion comes to b determined by roster system ..juniors get accelerated promotion ..assume A (reservation cand) got into service after B.A leap over B bcos vacancy rose that was reserved for his sub-caste . but eventually when in normal course B got his promotion he would regain his seniority over A , ie rule of accelerated promotion not seniority..yrs pass SC/ST get not only accelerated promotion but also consequential seniority ..
UNION OF INDIA vs VIRPAL SINGH CHOUHAN (1995) 6 SCC 684, AJITH SINGH JAMYA VS STATE OF PUNJAB (1996) 2 SCC 715 SC strikes down this practice .. constitution amendment 85,1977 new clause in art 16 (4a) amendment further amended promotion with consequential seniority introduced ..Art 29,30 .. provide for institutions to conserve their minority or preserving language, script and culture of that minority ie e.g to conserve urudu but this provision used to establish engg colleges beyond the reach of state legislation..
TMA PAI FOUNDATION VS KARNATAKA STATE (2007 ) 8 SCC 481
ISLAMIC ACADEMY OF EDUCATION VS STATE OF KARNATAKA (2003) 6 SCC 697 P.A . INAMDAR VS MAHARASHTRA (2005) 6 SCC 537 ..T.M. A PAI ..art 30 (1) ..
- state can intervene to ensure educational standards and excellence are maintained
- non- minorities are also to b admitted to a reasonable limit- limit set by the govt.
- must NOT ignore merit in admission
- with regard to professional colleges common entrance test is a must.
Himachal Pradesh HC .. no: of judges ..state govt refuse to appoint ..reason ..caste composition of names suggested is not what it should be ..within days minister for new ministry of minority affairs announce he will notify Hindu as minority in Punjab, J&k, & north east ..he says this idea has been given to me by god he declares .. implication is clear & unstoppable .. moment Hindu is given reservation in religious grp door open for Muslims in other parts of India too esp NE & Punjab, & atleast parts of J&K , jammu & ladakh in each of which they are a minority.
B.R. Ambedkar (in thoughts on Pakistan ) says.. introduction of this principle Is shrouded in mystery..-principle of separate electorate does not find place in indian councils act,1892 Muslims were named as a class to be provided for.. mystery as to who was responsible for its introduction.. Muslims where asked by the british govt (secretly) to ask for separate..considering the extremely valuable service they rendered to the crown..
1911 census SC/ST taken out of hindu population (enumerated separately ) 1931 census hindus split into diff castes & large no: SC/STs reported outside the total of hindus , no caste was to be recorded for Muslims and christians !!!!!!... hindu split into fragments .. Muslims and Christians single blocks..Stratagem of detaching lower caste hindu reach apogee at round table conf¡K representatives selected by brit to neutralize Gandhi .. Muslim , untouchable, of chambers of commerce and industry .. brit PM to taunt Gandhi asks "who do u represent?¨ Gandhi replies - the women of India!¨
Gandhi fought but lost .. separate electorate for SC ..gandhi fast unto death,, brit govt has to rescind the award..But Gandhi has to agree to yervada pact .. cong voluntarily concede reservation for harijans in legislature
Gadgill formula used by Finance Commission states with higher deficit get larger subversion from central govt .. result is lesser incentive for better governance whereas if overall investment according to improvement of states focus will shift toward betterment..
if individuals or groups get reward on basis of being different from the rest leaders formulate policies that exacerbates the difference
KORTEGA GASSET COMES TRUE.. STANDARDS ARE DIMNISHED AS ELITIST, MEDIOCRITY HAS BECOME THE NORM , VULGARITY IS AUTHENTICITY, INTIMIDATION IS ARGUMENT AND ASSAULT IS PROOF..
