Justice Gavai, a Dalit who will become Chief Justice in May of next year, said, “A person from the SC/ST community gets access to the best of facilities after getting into central services like IAS and IPS.” His children and their children, however, continue to benefit from the reservation. Must we continue in this manner?” The government of Punjab argued that underprivileged communities ought to make way for those who have advantage due to greater representation in government service.
Reservation Benefits for IAS and IPS Officer’s Children
Punjab: Recently, the former Congress-led Government in Punjab, led by Amarinder Singh, advanced its initiative to designate Balmikis and Mazhabis (Sikhs) as Maha Dalits, reserving 50 per cent of Government positions under the Punjab Scheduled Castes and Backward Classes (Reservation in Service) Act, 2006. Despite facing opposition from the Punjab and Haryana High Court, the State Government pursued an appeal to the Supreme Court.
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The Punjab Government has raised its opinion against the continuation of reservation benefits for the children of IAS and IPS officers, arguing that such privileges undermine the very purpose of reservation, which is to uplift the socially and economically backward sections of society. The observation taken by the Punjab Government reflects a sentiment that the children of highly placed Government officials, having had access to better resources and opportunities, should not be eligible for reservation benefits designed to level the playing field for those at a disadvantage.
Reservation policies in India have long been a subject of intense debate, with various sections of society calling for a re-evaluation of the criteria used to determine eligibility. The current discourse focuses on whether the benefits of reservation should be extended based on social and economic disadvantage rather than caste or community alone. The existing system allowed the children of affluent and influential civil servants to have access to reservation benefits perpetuates inequality and impacts the progress of those the policy intends to help.
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The advocate general of Punjab, Gurminder Singh, emphasized the importance of uplifting the most marginalized communities within the Scheduled Castes. He argued that facilitating employment opportunities is crucial for fostering equality. Senior advocate Nidhesh Gupta highlighted the imbalanced representation within the Scheduled Caste communities, where a minority holds the majority of government positions.
“A member of the backward class securing 56% would have to be preferred over a forward class person securing 99% in the recruitment examination,” emphasized the Advocate General, highlighting the unequal access to resources and opportunities. Justice Gavai, himself a Dalit, raised questions about the perpetuation of reservation benefits across generations, particularly for those who have already secured prestigious positions in services like the IAS and IPS, discussions about the duration and necessity of reservation policies.
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Earlier, in the Chinnaiah judgment criticize its narrow interpretation of caste dynamics and its potential impact on achieving genuine equality among citizens. Singh and Advocate Shadan Farasat also emphasized a broader understanding of constitutional provisions to effectively address caste-based disparities.
The Chief Justice D Y Chandrachud and other justices highlighted a crucial dialogue on the effectiveness and fairness of reservation policies in India. As the legal proceedings unfold, the outcome will have profound implications for the future of affirmative action and social justice in the country.
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