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Supreme Court just destroyed the ‘merit’ argument upper castes use to oppose reservations

Before this judgment, there was confusion among policymakers on the scope of reservation in promotion policies.

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The opposition to the idea of affirmative action or reservation in India often comes from the dominant mythology that it dilutes merit and reduces efficiency. This has been a major bone of contention behind the consistent litigation in courts, challenging the reservation in promotion policies for the Scheduled Castes and the Scheduled Tribes (SC/STs) in government services.

A landmark judgment delivered last week by Justice U.U. Lalit and Justice D.Y. Chandrachud has summarily debunked this narrow understanding of “merit” that has come to pollute public debate in the last several decades. Authored by Justice Chandrachud, the judgment has upheld the constitutional validity of a Karnataka law, which protects the consequential seniority of persons belonging to the SC/STs promoted under the state’s reservation policy.

Under this reservation policy, if a person from the SC/ST category, who is junior to a person belonging to the general category, is promoted earlier, then s/he would be considered the senior at the higher-level post. This, even after the person from the general category is eventually promoted to the same post.

Also read: Can reservation help BJP get the upper caste vote in Lok Sabha elections?

Administrative efficiency & myths

Delving into the legislative history behind the enactment of this Karnataka law and the constitutional history on the interpretation of the scope of reservation in promotion policies, the judgment held that there has been no empirical proof to the myth that officials/candidates selected through quotas are inefficient or that those selected otherwise perform better. The judgment rightly points out that “administrative efficiency is an outcome of the actions taken by officials after they have been appointed or promoted and is not tied to the selection method itself”.

Law cannot be divorced from social realities. Institutional denial of reality perpetuates and strengthens already existing practices of inequalities. By incorporating the provisions of reservation in the Constitution, the framers took into account the social realities and sought to undo the “centuries of discrimination and prejudice suffered by the SCs and STs in a feudal, caste-oriented societal structure”. This transformative vision of the Constitution, as the judgment strongly underlines, cannot be buried by the myths around “efficiency of administration” and “merit”.

The phrase “efficiency of administration” has a constitutional context. “Efficiency of administration” will not be maintained if the claims of the SCs/STs are completely excluded in the appointments to government services and posts. Reservation in promotion policies for the SCs/STs are an implementation of this constitutional condition. Not having proper representation of marginalised communities, which form a sizeable portion of India’s population, in government services will definitely make administration exclusionary and reduce its credibility. Diversity and inclusion, on the other hand, can improve efficiency of administration.

The judgment powerfully captures this understanding: “If this benchmark of efficiency is grounded in exclusion, it will produce a pattern of governance which is skewed against the marginalised. If this benchmark of efficiency is grounded in equal access, our outcomes will reflect the commitment of the Constitution to produce a just social order”. 

Also read: 17th Lok Sabha looks set to confirm Ambedkar’s fears: no vocal Dalits in Parliament

Narrow interpretation of merit

The notion of substantive equality, enshrined in our Constitution, has been shaped by a four-dimensional approach: “to redress disadvantage; address stigma, stereotyping, prejudice, and violence; enhance voice and participation; and accommodate difference and achieve structural change”, as explained by Oxford University Professor Sandra Fredman.

Targeting the reservation policies by stigmatising, stereotyping and prejudicing the efficiency of SCs/STs, who have been historically and socially disadvantaged, is clearly violative of substantive equality, which has also been underlined in the judgment.

The concept of merit cannot be narrowly restricted to one’s rank in a standardised exam. The Supreme Court judgment explains the deep relationship between equal opportunity, social and structural inequalities, and merit: “… a “meritorious” candidate is not merely one who is “talented” or “successful” but also one whose appointment fulfils the constitutional goals of uplifting members of the SCs and STs and ensuring a diverse and representative administration”.

Before this judgment, there was confusion among policymakers on the scope of reservation in promotion policies. After analysing the previous Constitution Bench decisions in M. Nagaraj (2006) and Jarnail Singh (2018), Justice Chandrachud came to the conclusion that the condition of the creamy layer will not apply on testing the validity of a law, which protects consequential seniority as an incident of promotion. However, other conditions set out in Jarnail Singh decision still need to be complied with.

Also read: How three key Supreme Court judgments shook the faith of SCs, STs and OBCs in one year

Butterfly effect

In her celebrated book Butterfly Politics, scholar and Professor Catharine Mackinnon said, “The minuscule motion of a butterfly’s wings can trigger a tornado half a world away, according to chaos theory… [Similarly,] interventions in the legal realm can have a butterfly effect, generating major social and cultural transformations”.

Justice Chandrachud’s judgment has opened a door for other state governments to adopt similar approach in enacting reservation in promotion policies for SCs/STs – and expand and enrich our facile understanding of justice and collective responsibility.

The author is an LLM student at Harvard Law School. He tweets at@anuragbhaskar_ Views are personal.

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  1. My appeal “why not in WAR or in recent situations goes on in Laddakh area, Political parties must fix it that in first line of action only reserved SC & ST candidates will stand by at LOC”. Here should be fix reservation for SC & ST guys to defeat the enemy or die for the Nation !

  2. My appeal “why not in WAR or in recent situations goes on in Laddakh area, Political parties must fix it that in first line of action only reserved SC & ST candidates will stand by at LOC”. Here should be fix reservation for SC & ST guys to defeat the enemy or die for the Nation as they are demanding reservation in Appointments as well as in Promotions in Govt services.

  3. The question of administrative efficiency is not a question of discussion. Because, every year the performance of an officer is assessed and evaluated and recorded in the ACR (previously called CCR). So this question is only an artificial impediment to block the progressive and positive policy of assuring proportional representation in governance and administration of the country by dint of a Constitutional guarantee to the hither to deprived classes of the country. The Judgment has rightly dismissed the concept of administrative efficiency to be taken note of during appointment or at the time of consequential promotion. History and even Put an shows the fate of the Country is decided by the deeds or misdeeds of the so called mMerit Wallas.

  4. Lol. That’s shite. This basically upholds caste based discrimination, just in the name of a representative administration. And has nothing representing any forethought to the can of worms it just opened. Correcting history lol. Get our money back from colonizers then.

  5. MERIT is only a MYTH. Just take the case of one ANITHA from Tamil Nadu got 1176 Marks out of 1200 but she is not able to MBBS admission in the name of NEET which was conducted based on a different syllabus, which eventually cost her Life. She is from the depressed class. Is it not Merit? The reserved communities have to struggle to live even after coming on top of everyone. This year Civil Sercices Exam topper is SC. Will anyone equate this as not merit?. For thousands of years just a 3% communities subjugates the rest of the population. Even now SC ST OBC put together 85% but they are ruled with shaby treatment by a mere 15%. Even in offices SC ST are poorly rated in performance appraisals and upper castes are rated highest and only those who have hisher ratings are promoted. I know a Director HR in an Oil PSU who is a Brahmin has issued a circular or note among Brahmins to give less marks to SC ST and not to give important portfolios. When it was exposed to higher levels he was forced to resign. You can imagine what would happen to SC ST when they are being assessed. The mind set of upper castes should change. Why you want to carry your caste in your name? You remove the caste atleast from name if not immediately from society, let the society grow like that whereafter who bothers about reservation when there is no castes and when tgere is no caste based discrimination. People confuse with Constitution that reservation in service is for a limited period but it was meant for reservation for elections to legislatures and parliamentwhich was meant for 10 years initially. If anyone knows the history it was brahmins who sought reservation from British in Civil Services Examination. On 29th October 1942 Dr.B.R.Ambedkar had submitted a memorandum titled GRIEVANCES OF THE SCHEDULED CASTES to Lord Linlithgow, Governor General (Dr. Ambedkar was a Member of Governor General’s Ececutive Council), in which he had analysed the represenatation of upper castes (Hindus) and proved only one SC througj open competition while many hundreds of upper caste hindus even by nomination to ICS disproportionately beyond their population at the cost of SCs. Even those times Chennai Communal Rosters had then provided reservation for Brahmins. Take now the 10 % reservation for Economicalky Weaker Sections(EWS) in which SC ST IBC are excluded that means it is norhing but for upper castes just in the name of EWS. Here where is the merit? Where is the Indian Media who always takk about reservation undermines efficiency. What they say about EWS Reservation? Does it not lower the so called merit? In fact the for SC ST OBC the Constitution refers to adequate represenation, not reservation. It is for EWS the word reservation is used in the recent Amendment to the Constitution. Another aspect, even if we accept merit just take the case of IIT JEE AIIMS NEET etc. those who get highest marks in Plust Two or XII is not considered as only marks in these entrance tests are considered even if he has just passed with 50%. Only those who are wealthy, rich and stays in Uraban cities can afford a coaching for such tests, while the poor SC ST OBC living in rural or undevelopped cities lacking such coaching centres study in Govt Schools and even if they score high marks that is not considered. Where is the merit here. The person who studies school subjects is not meritorious and one who is studying for coaching is meritorious. All these types of tests are meant to keep the SC ST OBC out because mostly only top ten percent people are selected. SC ST OBC to be represented in all cadres as they were being excluded in all walks for thiusands if years. Had the policies were properly implemented in the letter and spirit of the constitution, by this time these communities would have reached at par with everyone in the representation. So, MERIT is only a myth and dont evaluate the fish to climb the tree as told by Albert Einstein (meaning that the suitability is to be assesed onky for what is required) . Let us dream for a Casteless Society first and then take up the caste based reservation for those who face caste based discrimination.

    • You know why standardised tests exist? Because its essy to crack the state boards. Its based on rote learning. Thats why we have NEET where people from every board have an Equal opportunity. If she wasnt able to score there well then big deal! Many people don’t! Lakhs of people dont get into neet, many many bright students dont either! People don’t blame the test if they fail. They work harder!

  6. Reservations system were brought by Dr Ambedkar for limited period subject to periodic review. Now the politicians and the beneficiaries of this system want to defend it any cost tracing somekind of injustice in past. My question is how do you ascertain atrocities done some ancestors of peoples who are aspiring for some exam. Also if some exams ranks are not the marker of merit then why this exam. Abolish this system and select candidates for job and education through some arbitrary method which suits SC judges or forbeares their reservation policy. I come from so called UR and had equal fight for each step like other categories. Question remains if people in high positions of society including judiciary coming from RC are willing to give up after getting benefitted for many generations for other poorer from the such categories. The answer is no and it explains complete bias. In Maharashtra there is provision for funding foreign education of SC ST. Categories and this was claimed by senior civil servants children and daughter of Minister for social justice. Which is clear reason of all hues and cries behind reservations.

  7. Hold on. Please stop the bullshit and hear up for a second. What the heck is the use of providing reservations to the ultra rich “scheduled classes” people?? I study for mbbs entrance exam NEET . The sc guy does the drinking, he smokes, he has the time of his life with girls, food , market and what not. He studies for 15 days before the exam and he knows he will easily make it. The general category guy rubs his a** for 2 years , struggles with the humongous syllabus, fights day and night for the marks and yet is praying to god before when its 15 days left that extra 10% reservation for poors people may not pass the parliament. Because he knows the system is inclined to making him fail and drop, and to make sc st and obc guys , the doctor ,engineer, lawyer, judge, please end the injustice. Idiots with half the marks are entering colleges and go on to become professors while the gen category struggles for admission. Atleast we should ensure that the sc/ st struggling in reality in tribes , in forests, in slums, get the benefit, and not those guys who already have enough given to them by god. An appeal to the reserved categories, please give up your reservation if you do not require it.

    • Good one man, this is what is right, but politicians only care about the “Vote Banks” and not what’s right. They know they would lose the elections if they remove it, that’s why no political party is ready to do it.
      I wish politicians cared about our nation, but its obvious they are just here for scams and looting us by paying taxes with nothing in return.

    • Its not about “rich” or “poor”, the stigma and disadvantage of being SC or ST is the only consideration.

  8. Well-well-well…All the commentators who are constantly vomiting ill sentences towards The UC’s, are required to come in open competition(i.e., without any reservation).
    I wonder why a tribal whose father is a “bureaucrat”(not only father but other family members also), remains a tribal? Do they have less allawances than The UCs in the bureaucracy.
    HUH …like a politician who can do any thing to save his chair, the tribals act same for the reservation. Nothing else. Everybody is loving his chair. It haunts them. Like- “O Lets speak some thing or the bar of us will be dropped! What if supreme court verdicts against reservation?”
    This is their daily struggle they are talking about. Their worst nightmare.

  9. All this anger over reservation.
    This anger is now here to be seen over daily occurance s of caste based violence.That may be ,should nt happen but what can u do its part of our genetic makeup.
    Reservation …..absolutely not.It will dilute merit.
    Where is the study that proves it.
    It’s not needed………..
    If reservation reduces efficiency than imagine what thousands of years of castism(which is 100 % reservation since birth has done to capacity to work.How many inventions or discoveries,nobel prizes by meritorious people.
    What capacity to analyze or introspect or sence of justice………..
    Perhaps for such people. Corruption is normal way of life.
    Lying ,cheating , getting away with murder or simply not paying taxes is a sign of power not immorality…..
    Sir for some who don’t want to be seen by a doctor of reserved catagory……..U r more likely to be seen by a person whose only qualification is their father ‘s immence donation or bridge course.

    • Wow which history you were reading do you ever read Gupta the glorious time of Hindus I am an St from odisha but I seriously doubt your history knowledge were my ancestors oppressed in thousand of years a big no we are the first worshipper of jagganath my ancestors were paika the people who fight for the land we have sarala das madhusudan Rao who were not upper caste but were great scholar our kings were not upper caste they were tribal we had lived peacefully because varna system was followed in our state most of the brahmin in our state are the people who weren’t brahmin in early days it was not a caste more like a job in our state the oppression you were talking about was given by the jamidar who were puppet of Britishers they tortured poor people not dalit in our state your comments only shows how poorly you have knowledge about our land’s history because politics is the one who is destroying people’s mind divide and rule by distorting the history If anyone tries to show the real truth call them villian it’s so sad that our future is doomed.

  10. Unless there is a structural change in the socio economic fabric of this country, the reservations are here to stay. Caste discrimination is a reality even today. People denied basic rights in some part of the country since they belong to the Dalit community.
    Although reservation in the current form is highly flawed, examples are affluent SCs and those benefitted refusing to forfeit the advantage. Amendment is the need. Conduct census, identify targets and reduce quota.

  11. The so called Harvard educated and Judges delivering judgement not appling their minds for advocating reservation in High Court and supreme Court for selfish motives

  12. In fact, the idea of merit is the biggest farce. Merit is actually a myth. Let me explain this myth. The merit of Savarnas has always been assumed and presumed, though never ever proved in the history, while Bahujans have to prove their merit on every day basis. For example, the entire domain of knowledge and education has been monopolised by Brahmanis for thousands of years. But India’s contribution in the global research is just 0.3%, that too is confined to physical sciences and life sciences. As far as humanities and social sciences are concerned, India’s contribution is literally nil. So, the question is,what is the merit of Brahmanis? Let us come to Kshatriya. Kshatriyas claim themselves to be gallant warriors. But India has the longest history of colonial subjugation in the world. Foreigners kept on invading India and defeated Kshatriyas time and again. Kshatriyas have never been able to defend the boundaries of the nation. What is the merit of Kshatriyas? Let us come to Vaisya. Vaisyas have monopolised the entire space of business and trade for thousands of years but could not produce even a single world class brand ever in the history. What is the merit of Vaisyas? But when it comes to the reservation policy, Savarnas presume that Bahujans are idiots while their own idiocity is a proven fact of the history.😢

    • You did’nt mentiond any idocacy of bahujans..
      Well you mentioned all the idocacy or defeat or lack of xyz of each and every clan you know why you could’nt any history of bahujans because there is nothing they did so that they could in history

  13. See the matrimonial add of the so called backward classes including sc and St. The groom owns house, car and has six figure salary. He requires a equal status bride. This is a social reality. Implement reservations in defence, research institutions, also. In judiciary also. At all levels. Because the govt organisations have unreserved categories also along with reserved ones, the work is going on. Please do one thing. Reserve one full ministry or department for reserved categories. And one for oc category. After five years judge the progress. Do it atleast for a temporary period. You will see then the results.

  14. Author quote administration capability is result of action taken, but my question is what about scientists, engineers …. Are all those posts are similar to administer…. Grow up… If Supreme court has such judgement ,it is partially viewing vast gamut of job profiles.

  15. No taxes to reserved categories not any tax, nither direct nor indirect.
    I support the view of Supreme Court let’s give these ‘majority’ section of society a tax holiday till they get enough representation. All the taxes shall be paied by non-majority sections of society whose ansistors have exploited the ansistors of reserved. Let’s see who on Earth pays the salary & benefits of all those who sits on The Bench.
    When it comes to money all the books
    & philosophy of so called ‘representation’ have different angle of understanding, where unwritten common civil code is applicable, & that’s they called Philosophically Correct Justice. Where as it’s a business decision , where the The Bench have loss making business model which hit their pockets.

  16. I don’t understand why not we the newer generation pressing to just ban old age stigma of caste system in India, as you people talking about USA they ended racism made it illegal, if we are taking their example why not completely. Just end this taboo of caste system and never ever will anyone talk or discuss or ask anybody’s caste as in those countries people are not talking about any kind of racism that is why they are working so nicely and eventually end the reservation. And from then everyone would be marked on the merit list of their marks. As I don’t support caste so as reservation of any kind.
    So general category public should shout of banning of caste system and then reservations. Then after that no one will be a victim for not getting a job due to reservation. And then actual equality would come up.
    Stop abusing and just start protesting.
    Sorry if I hurt anyone’s feeling.

  17. Why do Indians need caste in first place? Remove caste and automatically reservations will be cancelled.

  18. I agree with the author. As the resources gets scarce, humanity forget to embrace the ideals of society at large. I don’t blame the unreserved category people like me to complain about the ongoing reservations policy but we should understand that, inorder for the society to progress, we cannot ignore or leave behind the weaker section of the society. Most of us are born in big cities with adequate civil amenities and without facing much struggle in day-to-day’s life till we graduate. We are angry because employment is at scarce at the present times but the conditions of the tribals have been a struggling one ever since they are born because they have been subjugated for centuries. Children in the village have to walk more than 10 km to attend school under scorching sun and worst, under muddy rainy season. Yet, they don’t give up going to school because they also wants to be part of the society, they too want to live a good life, they deserve more than us at this juncture as they have been in this dismal condition for past many generations. When we outrightly say, deserving candidates are not getting whats due, I ask myself, are the weaker section not deserving too, don’t they need a chance? Are we so selfish that we want to keep them isolated even now as we have them for the past 70 years or so? If we want to bring a change in our country, we have to change ourselves first and particularly our negativity.

  19. 1) People are so biased that they doubt the selection of even Harward. Why dont they themselves get there and enlighten Harward with their illuminating brains!!!
    2) Few people blame current unsatisfactory state of country to reservation policy instead of corruption & dirty politics. How many people from reserved categories have held positions responsible for loot of resources in various state & central govt???
    How many have been contractors or politicians???
    Almost all have been so called talented upper class people who have looted India so far.
    3) Medical science has never revealed in any studies that the brain of a particular caste or community has got more sulci and gyri, and more capability as a consequence there of. Scientifically it is a myth that upper caste people are more intelligent / talented.
    My intention is not to spread hatred but to emphasise the need to introspect and unite the divided hindu society for a better society and Nation.

  20. Completely biased article. here in this country reservation is their not only in entrances but also promotions. Do they want general people to become beggers, begging before ST/SC people. You can not discriminate lower caste people it’s a punishable offence, then why is this much discrimination in jobs and all. Reservation should have ended till now, but it’s still in practice. And these reserved people are enjoying it.

  21. It’s so pathetic reality that no caste wants to face the hardships and struggle faced by Ambedkar, everyone is trying everything to make their life struggle free…
    Babasaheb actually wanted people to learn the art of struggle as he did, to rise in life instead of all odds, but these lazy people want all sorts of facilities to the extent that even after getting a post, they still want reservation in promotion also…
    This caste based reservation system will one day kill the nation…

  22. What’s wrong with reservation on the basis of caste/ communities. Why there has been 4-Varna system in India since thousands years? In my opinion, there should be 100% reservation for all communities on the basis of their population not only in Govt. Sector but also in private sector and at all levels in in the Society too. Why the Brahmins only become priest in temples. Is it not a form of reservation?

  23. It is very sad to see upper caste people in India when any affirmative action or decision taken by court or govt in favour of weaker section their reactions are very negative.
    since thousand of years this upper Caste people discriminate these weaker section, they never opposed your prosperity and so called merit.
    Man made cast system ruin dream of Crores of weaker section.
    We are still fighting for our legal right.
    Further where your merit is going When taking admission on donation in private college.
    After giving donation merit become fair.
    It is very ridiculous to see such type of mentality to criticise judicial decision on affirmative action.


    • Do you want equality or do you wany want entitlement? You camt have both. Yes uou were opressed. 100 uears ago. Yes caste system still exists amd reservation is a huge reason why. At one instance you want all the special treatment, well by asking for special treatment you agree that yes we are less capable amd then you turn aroumd and want so called equality as well. You want equality, leave the special treatment. You want special treatment then don’t as for reality. You cant have your cake amd then eat it too!
      Also capable people scoring twice as much wouldn’t have to pay donations if less capable people weren’t given entitlement.

  24. If merit does not hold any meaning and people who score lesser perform just as good as people who score higher then why don’t we just eliminate examinations and start selecting people on a lottery basis?

  25. The author is highly biased and delusional! All his articles are in favour of reservation, I question the credibility of ThePrint who endorse such horse shit. Fuck ambedkar and his followers

  26. Merit is only one part of the whole argument. The real issue is destruction of individual identity, deliberate herding of citizens in invented groups, and endless and targeted discrimination to prevent one section of the society from progressing. Take the case of Tamil Nadu. 99.99% state jobs are held by RC who are also called “weak, backward, oppressed and marginalised” and people who hold .01% jobs are called “dominant & forward”. This is stunning invention and propagation of lies.

  27. Reservation must be continued. Centuries old discrimination cannot be finished in just few decades.

    • Yes,it surely can. You talk of exponential growth in everything, technology, education, population and income, economy. So 200 years could be finished in 20 years isn’t it!

      Black people were also exploited and were a marginalized society, they didn’t need reservation anywhere, be it America or in Europe. They uplifted themselves through hard work. Why do you need it? Yes lower castes were exploited so, does it also mean your IQ is also low, that’s weird logic.

      And once reservation has been given in a “lower caste” family why does that need to continue for generations once the benefit has been availed. The family isn’t Socially nor Educationally Backward (SEBC) anymore, but still reservation is given on and on and on. Why would you still need it?

      You must work hard to achieve something,this is really poor logic to give reservation for your caste being exploited for Centuries. Times have changed, suck it up and work hard your caste is lower shouldn’t give you the right to using lower Brains!!

  28. In fifty years we have not read a single article in the media on the travails of the Unreserved Class who, for no fault of theirs, are being pulverised by the self-proclaimed “backward caste” political outfits. How is it possible that every newspaper owner & owner allows innumerable articles only in support of caste-based discriminatory policies disguised as “Social Justice”? Don’t they have children and family members who suffer from denial of their legitimate claims? The Supreme Court has also repeatedly run away from upholding the fundamental rights of the General Class. The same century-old fiction of “centuries of oppression” is being used to justify such judgments in this 21st century. Dr. Ambedkar, more than a century ago, got several degrees, when there was no quota. Mr Sharad Yadav once declared that he got an engineering degree fifty years ago without quota and when seats were few. Marathas have now been declared backward. Perhaps we should now presume that Marathas too have been deprived for “centuries”!!!

  29. Such drivel. The author needs to study more – so that he understands that the SC didn’t “destroy” the idea of merit logically or with any data. They passed a judgement on based on their opinion – no data, no studies.

    Perhaps the student author can try to use a similar argument at Harvard. Maybe he is aware that Harvard is actually in trouble for using a little bit of affirmative action (not actual reservations). Maybe he should fight for hard reservations for the black and Hispanic communities. See what happens then. Unfortunately for him, blacks and Hispanics (and all other minorities in the US) have enough self respect that they themselves won’t accept that.

    Maybe he should ask his professors the difference between “equal opportunity” and “equality”. The former is great and necessary, the latter is a slow but sure path to destruction.

    Next time he sees an Indian doctor (there are plenty in the US), he should ask them why they came to the US.

    Like others mentioned, why stop at education and government jobs? Let’s have reservations in the courts, government (MPs, MLAs, President, etc).

    Better yet, just throw all these “upper caste” people out of the country – find a terrible part of India and exile them there and let them form a separate country. I’m sure they’ll all be happy. Give it twenty years and see the progress they make when the country runs on merit.

    The author is nothing but a wet-behind-the-ears student who thinks he knows a lot because he’s sitting in Harvard. There’s plenty of other “upper-caste” Indians there and other premier schools – but we’re too busy doing actual work instead of writing nonsense like this.

    No wonder the Print printed this. Could a site be more biased? Uff.

  30. We should not see this decision with a jaundice eye as the decision is taken against odds happing against marginalized section…in the above comments people are concerned about their present condition only,looks bit selfish but these people don’t raise their voice against discrimination which still prevails in India because then they don’t face any such problem.

    • Your logic is
      That you should get a bigger piece of cake today, because my great-grandfather had eaten a larger pie than yours a 100 years ago.

      • It is not about the cake…..It is about the right…..Pls go to villages in any part of india…And then you may realised differences between reserved and unreserved….

  31. I don’t agree with this judgement,that on the name of doing justice to one community u inflicit restrictions on the other community.
    Exclude the candidates of those community who burn mid night oil to achieve their dream & include those idiots who often belong to the rich family but lethargic by nature & belongs to S.C.s like Tina dabi, one of the recent victim of love zljihad. And one sided perspective provided by the author. 🖕🖕🖕🖕🖕

  32. You get to write this shitty senseless article just because you are at Harvard without facing the issues General & OBC category people (the really don’t ones) face in India.

    Can you please come back to India and try to clear even a bank PO exam ( leave aside the really tough ones) to prove your worth than to sit at your Harvard chair because of your dad’s fat money and putting all unintelligent posts forward.

    I really doubt how Harvard is selecting people these days. Need to revise their stuff.


  33. Caste-hate is all as per the church-made plan to evangelise India. Anurag bhaskar merely doing his job

  34. What a narrow minded and one sided article.. because of people like you who support and celebrate irrational reservations the condition of our public institutions are this bad.. congratulations on milking the system for your personal gains at the cost of hard working and more deserving people

  35. I challenge the judges involved to seek treatment for themselves and their kin from doctors who have been promoted in government hospitals as a result of their treatment. Let’s test their high moral positions when one of their own is in peril.

  36. The supreme court must practice what it preaches! There should be 90% reservation in the judiciary at all levels including in the high courts and supreme court. Plus, there should be reservation in promotions here too. All constitutional posts like President, Vice-President, Prime Minister, Governors, Chief Minister, etc. must be reserved. There must be 90% reservation in the cabinet of ministers in the states and at the centre. Further, to achieve social justice , the judges, all constitutional functionaries including all ministers, PM, CM, etc. must be compulsorily made to go to doctors from reserved category. They must be compulsorily made to fly in planes piloted by the reserved category . Plus, their children and grandchildren must be compulsorily taught by teachers from the reserved category. The judiciary and political parties have cunningly avoided reservation for themselves but making it compulsory for others!

  37. Justice Chandrachud will have different opinion if his son or daughter scores 90 percent but they are not selected and one student who has got less percentage is selected , then he will feel the pain of thousands of students.
    Why don’t government just declares that no general category candidate is allowed to give exam
    Where is equality and justice when one student is getting selected at 45 and other has to get 60
    When both students are sitting for same exam , doesn’t it mean they both have the minimum education required
    THEN WHY ?

    • Keyboard warriors commenting against reservation would also have a different opinion if they or their family members were prevented from drinking water from the common well, if they were not allowed to enter places of worship, if they were denied access to education, if they were constantly treated as sub-human (and these are some of the milder examples of discrimination). We need affirmative action to get rid of such deep rooted social malaise.

      • LoL. If people are being denied resources, punish those who discriminate. To encourage mediocrity over competence is stupid, even in the name of better representation. It doesnt matter if the doctor or the magistrate is of upper or lower caste, it matters however if he scored 99% or 59%.

      • You wrote “were” not allowed to drink water……etc. Does that happen now?
        No right, not in the cities. So why the hell do you need reservation today, reservations have been here for a long time.
        Plus we don’t want reservation to end, just that the people who have already made it at par with the general category and have a lot of money, why in the world are they too provided reservation. They don’t need it. It must be given to those who really are in need of it ,not those lethargic and rich SCs/ STs who aren’t even (SEBCs) now.

  38. Why don’t the judges then pass an order for reservations in supreme Court itself?
    And along with it a clause of faster promotions for sc/st judges, so that CJI is always from the ” weaker sections”?

  39. So the author means to say that even if those candidates are graduates or postgraduates from the same institutes as the open category students, they still are denied many facilities?? Get your facts straight plz….
    And considering 78% reservation the butterfly effect you are talking about might go in a reverse direction.
    Also the author is at Harvard… Well ….
    I wonder why he did not stay back in here.

  40. Can author who is currently enrolled for
    a master’s degree at Harvard throw light on on how Harvard defines “merit” .

    Rightly or wrongly I would hesitate to go to a doctor who got qualified on very diluted screening of standards.

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