With the central government informing the Supreme Court that the current principle of reservation for Dalit Backward Classes will be strictly followed in all temporary appointments above forty-five days, all states, including Kerala, which has been subverting reservation in various temporary appointments, will be legally bound to follow it. The court's observation that candidates can seek legal recourse if the principle of reservation is not followed is helpful in upholding the reservation.
The occurrence of such a legal obligation is highly auspicious given the fact that those in power have been cunningly subverting the principle of reservation which is legally and constitutionally righted to the backward classes for a very long time. Kerala Kaumudi had pointed out the ongoing violation of reservation in temporary appointments in Kerala through its main story the other day. It stated that ten thousand temporary appointments are being made every year without following the principle of reservation. It is our Constitution that gave reservation in central and state services to Dalit and backward communities. This was included in the Constitution to enable equality of opportunity as stated in Articles 15 and 16 of the Constitution and to put an end to discrimination on the grounds of caste-religion-race-gender-place of birth. An agreement was reached in this regard in the discussion held in the Constituent Assembly in 1948. It was also decided in the Constituent Assembly that reservation should be made considering socio-educational backwardness. Social discrimination needs to be eradicated if justice is to be realized as written in golden letters in the Preamble of the Constitution.
Reservation is necessary to ensure natural justice for those who have been kept out of the mainstream of life socially and educationally for ages. In the modern conception of the state, the participation of all sections of the people in the democratic process must be guaranteed, but reservation is essential. Although in the modern conception of the state, the participation of all sections of the people in the democratic process should be ensured, reservation is essential. If we look around, we can easily understand the presence of Dalits and backward people is minimal in places where reservation is not legally enforced. This is very evident in the aided sector and so on. The reports of the Sachar Commission and the Ranganath Misra Commission underline the reservation view on the basis of facts in this regard.
Sree Narayana Guru and other renaissance leaders took Kerala forward by fighting against the severe injustices that were taking place in the state in the name of caste and its related backwardness. However, the recent experience of Minister K Radhakrishnan was the latest example of how discrimination on the basis of caste backwardness continues even today.
It is in such a context that a legal obligation to ensure backward reservation in temporary appointments has come up. The state government should not turn a blind eye towards it thinking that only the Centre needs to follow it. Let this legal obligation prevent the scams of the authorities and the powerful who subverted reservations and benefits of Dalits and backward for ages. Let us also hope that benefits that have been denied for ages will be made available to the Dalit and backward communities through this. If there are people who think that reservation is generosity, they need to be reminded that their place is in the dustbin of time.