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Brief History of Reservation

Reservation is not the matter of employment it is the matter of representation


-Dr. B. R. Ambedkar

When Hunter Commission came to India in 1882 first of all Mahatma Jotirao Phule
demanded representation for Shudras and Atishudras. Taking inspiration from this
Chhatrapati Shahu Maharaj declared 50% reservation in his Kolhapur state on 26
July 1902. When Southborough Commission came to India in 1918 Dr. Ambedkar
and Bhaskarrao Jadhav, National President of Satya Shodhak Samaj, upon
prodding by Chhatrapati Shahu Maharaj, gave memorandum to it for
representation of the backward classes. Opposing this, the leader of Congress, Bal
Gangadhar Tilak made a speech at Athani village near Kolhapur border saying,
Do Telis, Tambolis and Kunbhats (castes belonging to OBC in Maharashtra) want
to go to the Parliament for ploughing. That means Tilak opposed representation to
backward communities. We are suffering till date because the rights which Dr. B.
R. Ambedkar secured, after struggling with the British, on 17 August 1932
according to the Communal Award, were taken away due to the Poona Pact thrust
upon by Gandhi on 24 September 1932 which denied a special right separate
electorates and deprived us of the real representation. Despite having requisite
representation of about 1100 MLAs in state assemblies and about 131 MPs of the
SC/ST in Parliament nobody is ready to fight for the society. Dr. B.R. Ambedkar
had called them as tools, stooges and agents of the ruling castes i.e. brahmins. Not
only that further he called them dogs wagging tails before their masters and licking
their masters feet instead of the barking dogs. Ironically, today the intellectuals of
the society consider the Poona Pact as the source of reservation, which Dr. B. R.
Ambedkar denounced till his last breath. This is greatest ignorance.
After Dr. Ambedkar was made Labour Minister by the Britishers in 1942 he
made provision for 8.5% reservation for SCs in 1943. Provision for 12.5%
reservation for SC was made on 21 September 1947 and provision for 5%
reservation for ST was made on 13 September 1950. This reservation, 15% for SC
and 7.5% for ST is continued from 25 March 1970. Provision for reservation of the
OBCs was not made as there was no data available (list of the castes coming under

OBC was not prepared) because OBC considered Gandhiji as their savior and OBC
opposed Simon Commission along with Gandhiji. Dr. B. R. Ambedkar included
article 340 for ascertaining the list of OBC. Since, article 340 was not
implemented Dr. Ambedkar resigned in 1951 as Law Minister. After Dr. B. R.
Ambedkars resignation only Kakasaheb Kalelkar Commission was constituted on
29 January 1953 when a list of 2399 caste of OBC and 837 castes of most
backward castes was prepared. A report was tabled before Nehru on 30 March
1955 which he refused to implement. Again, Morarji Desai constituted a
commission on 20 September 1978 headed by Bindeshwari Prasad Mandal. Its
report was presented in September 1980. Various ways and means were adopted by
the ruling castes from September 1980 to 1991 so that Mandal Commission report
should not be implemented. Consequently, a nine judges bench of the Supreme
Court gave conspiring decision on 16 November 1992 against reservation as the
fundamental right. Decision given by the Supreme Court on Mandal Commission
is this:
1. OBCs should be given 27% reservation because reservation should not
exceed 50% (In constitution there is no such provision that reservation
should not exceed 50%. If SC/ST are getting reservation in proportion to
their population OBC also should get 52% reservation in proportion to
their population)
2. Creamy Layer was applied along with 27% reservation (i.e. on the one
hand reservation is given and on the other hand there is conspiracy of
depriving them of reservation).
3. Only those caste enlisted by the Mandal Commission that are tallying
with the castes in states should be given reservation. Thus, the Supreme
Court agreed to give reservation to only 1998 of the castes enlisted by the
Mandal Commission. (Mandal Commission had enlisted 3743 castes but
since only 1998 are tallying with the castes in states, they conspired to
delist 1745 castes from the schedule by the Mandal Commission.)
4. OBCs should not be given reservation in promotion. At the same time
decision to end reservation in promotion for SC/ST was also given.
(Since, SC/ST were fighting for Mandal Commission for OBC, decision
to end reservation in promotion for SC/ST was also given to deter SC/ST
from fighting for Mandal Commission for OBC). Abovementioned

decisions were given by the Supreme Court against OBC where SC/ST
also got entangled. In 1999 five judges bench of the Supreme Court gave
decision that reservation is not the fundamental right. This is
contradictory to the decision given by the nine judges bench of the
Supreme Court given in 1992 that reservation is the fundamental right,
which is against the constitution. Decision of the five judges bench
cannot supersede the decision by nine judges bench.
When 81st, 82nd and 85th amendment of the Constitution was done to give
reservation in promotion for SC/ST Mr. M. Nagaraj from South India moved court.
The decision on it was given in 2006. There were three conditions: 1) data should
be collected to see whether there is adequate representation or not; 2)
backwardness should be ascertained and 3) law and order should not be affected.
That means the Supreme Court did not end the reservation in promotion for SC/ST.
In 2007 BSP came into power in Uttar Pradesh that did not pay attention to
the decision of the Supreme Court in 2006 but on the basis of the report of the
Social Justice Ministry issued ordinance to give reservation in promotion for
SC/ST due to which many SC/ST started occupying higher posts in Uttar Pradesh.
When the Savarna castes came to know about its adverse effects they moved the
high court. On 04 January 2011 the high court on the basis of the decision of the
Supreme Court in 2006 brought stay on the ordinance by the BSP govt. Brahminbania media widely propagated that reservation in promotion for SC/ST came to an
end. But the high court did not end reservation in promotion. Had Mayawati
wished she could have collected the data on adequate representation and issued the
ordinance for reservation in promotion based on the decision of the Supreme Court
in 2006 but she did not do it. But taking into account the upcoming assembly
elections in 2012, in order to garner votes of Brahmins and Satish Mishra was
successful in making Mayawati understand that the people of SC/ST should feel
that Behenji has moved the Supreme Court for them and he persuaded her to act
accordingly.
The Supreme Court in its decision on 27 April 2012 conceded to the
decision of the Allahabad high court of 11 January 2011 that if the state govt
wishes it can give reservation in promotion. Because, at that time BSP govt was
gone and the SP govt has taken its place. The SP govt in its 28 April 2012 GO

brought stay on the demotion of the officers till its next GO. But in its GO of 30
March 2015 it decided to demote the officers who got promoted in the period
between 15-11-97 to 28-04-2012. This decision was taken to appease Brahmins
because there are upcoming 2017 assembly elections. And this decision was also
taken according to the suggestion of Abhishek Mishra. This means advisors of both
SP and BSP are Mishra because of which the SP govt do not want to give
reservation in promotion to OBC but is bent upon ending reservation in promotion
of SC/ST. Not only that the SP govt has ended the reservation of PCS in 2013 and
cancelled the PCS-2011 exam because of which OBCs could not become PCS
officers.
Thus both these parties SP and BSP are entangled in the trap laid by
Brahmins and are doing conspiracies against SC/ST/OBC and minorities.
Therefore the Mulnivasi Samaj i.e. SC/ST/OBC and minority communities should
be alert from these parties and teach a lesson to these parties in coming 2017
assembly elections. This does not mean that the people of these communities
should strengthen Congress and BJP. Because in the words of Honble Kanshiram
Sahab the Congress and the BJP are Sapnath and Nagnath. Therefore, in 2017
contribute and cooperate Bahujan Mukti Party by all possible means to destroy this
Manuwadi system and create a society and nation based on the equality, liberty,
fraternity and justice.

Jai Mulnivasi!