2. Article 338 specified Castes of those Scheduled [ Girijans ] who naturally to be addressed with special and specific welfare provisions . And , the other poor and downtrodden were specified commonly as Backward Classes with another and separate Specific Article , 340 which could be redressed fast in a span of time with these Welfare Provisions .
3. The then Prime Minister Smt. Indira Gandhi at National and at the interest of general Public promoted the issue of “ One Job for One Family “ considering every married person as One Family . This theory was opted at the concept of Family in India and the velocity of downtrodden poor that are to be preferred for welfare and well being in the Indian Society those to be uplifted Economically and also Socially being part of participation of the Rule in the Country .
Every one know well that it is impossible to address Reservations and Relaxations to all those below poverty line and being living in a Backward Status Economically and resultantly , Socially . This opted system of “One Job for One Family “ in deed cover many Families [ Family may comprise precisely – 4 or 5 Nos.] doing justice to more Citizen i.e., Male and Female .
4. The Constituent Assembly in their discussions set a relaxed teething time of TEN years for providing after these Ten years , the Essentially Necessary Educational and Healthcare provisions to those Backward Classes particularly the S.C., S.T. through article 45 and 46 .
It is the responsibility of the Governments to honour and carry without deviation , the provisions of the Constitution as long as the general public could not come up to the living standard .
5. Identifying and Considering the injustice carried by the Governments to those poorest of the poor who had been deprived of the Constitutional Provisions at the cost of the whole Casted application of Reservations and Relaxations and finally directed the Indian Government to workout a Creamy layer among these Castes to remove the provision of Reservations to sebserve the common good justifying the application to those poorest of the poor who still have been deprived of their legitimate Constitutional Right .
It is true that Reservations have been in enjoyment of whole family and in many issues , more than 2 members of the Family and is because of Employing with Reservations both Male and Female which proves will never carry justice to the poor who have had been suffering being deprived off .
It is true that the Children of those earning huge Salaries , Remunerations , Business Incomes have been and are lobbying for securing Reservations at the cost of the poorest of the poor who still are deprived of the same Constitutionally valid right for them .
It is true that there had been majority people suffering from lack of Earning opportunities / Facilities in all the States .
It is the cognizant Fact that there were revolts , processions with demands for banning the Evil of Reservations during the years 1981 , 1985 in Gujarat and Bihar , in 1990 in all the States ,; and the Supreme Court Directed in a reference in 1985 that Reservations to be prevailed upto 2000 .
The Supreme Court had in 1993 itself directed the then Congress Government to work out the Economy based Creamy layer to eliminate those already reasonably well placed both Socially and Economically to carry the real concept of Reservations to the poorest of the poor who deserve when compared with others in the Society .
But , the Congress Government could not eliminate the corruption and misuse in the Reservations issue and kept the Report of the Expert Committee held by Justice Sri Ram Nandan . [ The S.C. proposed the appointment of an Expert Committee on the recommendations of the then Prime Minister Sri V.P. Singh who opted Economy based Reservations and the Bihar etc., Governments concluded exclusion of those Economically and Socially achieved better status ] .
6. Inspite of these episodes , the Politicians at selfish interest did not realize on the really justified method of application and carry of Reservations and Relaxations challenging the very Constitutional spirit and though the issue Reservations and special provisions for Castes ;; and the Reservations and Special Provisions for Backward Classes were differentiated and separated through the very articles 15 , 16 , 45 , and 46 as well as , 338 and 340 .
Reservations creates lot of resentment amongst persons who are denied and thereby effects efficiency in the administration . Besides , it is usual , Politicians can take undue advantage and create disharmony and dissensions amongst members of different classes of Society and this would not be in the interest of the Nation .
The whole policy of Reservations is in fact a politically motivated policy coming down from British days at the divide and rule policy . It is against the interest of the Nation and it can only be desired by those vested interests who wish to see people fighting each other .
The Reservations for backward communities should not be excessive so as to create a monopoly or to interfere unduely with the legitimate claims of other communities of the same status .
This is why the Supreme Court directed for working-out a Creamy layer to find out the really Backward Classes to differentiate Poor and the poorest of the poor to eliminate those already reached / addressed than the others being deprived . This is through the identifying and separating those Economically better than those still un-addressed with .
7. This has been not only increasing the unjustified application of Reservations to Castes being politicised BUT ALSO precipitating the minds of innocent general public and also causing issues of law and order even now .
WE HAVE NOT TO FORGET the protests and losses created FOR RESERVATIONS TO Gujjars community , Jats Community and the , Patels in these 10 years ..
WE SHOULD NOT ALLOW THE PRESENT PROTESTS , PROCESSIONS , HUNGER-STRIKES etc., started by Kapu [ Naidu ] , Balija and Telaga Caste communities since these 3 years while some other Castes in the new Telangana State are also on the verge of stirring the situational protests for Reservation to their Castes .
8. Article 16 guarantees equality of opportunity in matters of appointment in State Services . It does not, however, prevent the State from prescribing the necessary qualifications and selective tests for recruitment for Government services . The qualifications prescribed may, beside mental excellence , include physical fitness , sense of discipline , moral integrity , loyalty to the State . The character and antecedents of candidates may be taken into consideration for appointments in Government Services while observing reasonable ground and nexus between the qualifications and the object that is , the post or the nature of the Service . And So , IT IS THE ISSUE OF SKILL IN THE PUBLIC ADMINISTRATION TOO .
9. The S.C. also did not accept reduction of Marks from 45 , to 40, and 40 to 35 on the concept that the backward classes quota could not be filled . The S.C. also confined that even in quota system , the Merit shall be preferred in allotting Seats and Merit shall not be ignored . S.C. in 1983 and 1985 said that
" Merit consists of a high degree of intelligence coupled with a keen and incisive mind , sound knowledge of the basic subjects and infinite capacity for hard work and also calls for a sense of Social Commitment and dedication to the cause of the Poor " THIS CLEARLY AND OBVIOUSLY STAGES THAT AS ALONG AS THE MERIT IS IGNORED , THERE CANNOT BE THE FULFILLMENT & ACHIEVEMENT OF ==" Sense of Social Commitment and dedication to the cause of the poor FOREVER == "
10. Hence , the issue of Caste Based Reservations and Relaxations is thus against to the Object , Concept , and the very Provisions set in all the Articles and Clauses that authorised provision of Reservations and Relaxations . more
1. Hindu Succession and Heritage Act which made the Male Member the whole Responsible of the Family maintenance [ Being the biggest and the Origin of Indian Territory ]
2. Agricultural and Dry land Ceiling Acts that recognized the Status of Family and the Male in India [ Responsibility of Male in India since anciently , is the governing and guarding Security of the whole Family ]
3. The Provident Fund Act that made Male being a Major to lose benefits while the un-married Daughter gets benefits even after she become Major and untill she is married ]
4. The Government PDS System that place Male and Female who becomes Major separate after Marriage from the system of Family for coverage .
All these FOUR and even the other conventions especially followed in India placed the Responsibility of the Family only on the Male Head unless is mentally disordered . more