Delhi. Various organizations across the country have called for a ‘Bharat Bandh’ on August 21 against the Supreme Court’s decision on creamy layer in Scheduled Caste and Scheduled Tribe reservation. Many parties including BSP are supporting this bandh.
In such a situation, the question is why has Bharat Bandh been called? Which is the Supreme Court decision that Dalit organizations are opposing? What are the demands of Dalit organizations? Why is lateral entry in the Union Public Service Commission (UPSC) under question? What will remain open and what will remain closed during Bharat Bandh.
What is the decision of the Supreme Court?
While giving its verdict on the creamy layer in SC-ST reservation, the Supreme Court had said, “All SC and ST castes and tribes are not the same class. Some castes may be more backward. For example – sewer cleaners and weavers. Both these castes come under SC, but the people of this caste are more backward than others. For the upliftment of these people, the state governments can sub-classify SC-ST reservation and set a separate quota. Doing so is not against Article 341 of the Constitution.”
Along with the decision to fix quota within quota, the Supreme Court also gave necessary instructions to the states. It said that state governments cannot take this decision arbitrarily. Two conditions will apply in this too.
What are the two conditions
- Cannot give 100% quota to any one caste within SC.
- Before deciding the quota for any caste included in SC, there should be solid data of its share.
Let us tell you that the Supreme Court gave this decision while hearing the petitions in which it was said that only a few castes included in SC and ST have benefited from reservation. Due to this many castes have been left behind. There should be quota within quota to bring them into the mainstream. This argument was being opposed by the 2004 decision in which it was said that Scheduled Castes can be classified.
Which parties are supporting Bharat Bandh?
Dalit organizations across the country have announced Bharat Bandh on 21st August. They are also getting support from Bahujan Samajwadi Party supremo, Bhim Army chief Chandrashekhar Azad and Bharat Adivasi Party Mohan Lathroat. Apart from this, leaders of some parties including Congress are also in support.
BSP general secretary Satish Chandra Mishra wrote on the social media platform X,
”We all know that BSP’s national president sister Mayawati has strongly opposed the Supreme Court’s decision on sub-classification. As per the guidelines of sister ji, an appeal is made to all the small and big workers of BSP to join the Bharat Bandh to be held on 21 August 2024 under the blue flag and elephant symbol of BSP and make the public aware about the sub-classification, especially the Dalits, the oppressed, the deprived, the minorities and the justice-loving people.”
He also appealed to all BSP workers to join the Bharat Bandh in large numbers in a disciplined and constitutional manner.
What are the demands of those calling for Bharat Bandh?
The Dalit organisations calling for Bharat Bandh are demanding that the Supreme Court should either withdraw or reconsider its decision on quota within quota.
What will remain closed during Bharat Bandh?
So far, no state government has officially issued guidelines regarding Bharat Bandh. The police-administration has been put on alert. The authorities are taking extensive steps to ensure the safety of the public during the protest.
- Public transport services may be affected during the Bharat Bandh.
- Private offices may be closed in some places.
These services will continue
Emergency services like hospitals and ambulances will remain operational during the Bharat Bandh on August 21. No order has been issued by the government so far regarding keeping banks and government offices closed. Therefore, it is believed that banks and government offices will also open on Wednesday.
 Why is there a ruckus over lateral entry?
Lateral entry in UPSC means direct recruitment of people from private sector to top posts in the government. The objective is to bring in experts in the administration and maintain competition. Under lateral entry, recruitment of Joint Secretary, Director or Deputy Secretary is done in the government. On August 17, the Central Government had issued vacancies for the recruitment of 45 officers.
Will reservation not be applicable in lateral entry?
Regarding this, BJP IT Cell in-charge Amit Malviya says that the same reservation rules will be applicable in the lateral vacancy issued by the commission, which are applicable in any other examination of UPSC.
At the same time, the Department of Personnel and Training of the Government of India, in response to an RTI, said that reservation in government jobs is applicable through 13 roster points.
What is roster system?
In this, every fourth post in a government job should be reserved for OBC, every 7th post for SC, every 14th post for ST and every 10th post for EWS. However, reservation does not apply for recruitment to less than three posts.
Let us tell you that the government, taking advantage of the technical reasons of the law, has issued advertisements for less than three posts from different departments. Therefore, reservation does not apply in this. However, today the government has canceled the lateral entry recruitment.
