Court's pivot on social justice
India, July 3 -- Caste-based reservation in employment is an important feature of the social justice architecture envisaged in the Indian Constitution. It covered the scheduled castes and scheduled tribes in the early years after Independence, and was extended to the other backward classes (OBCs) after the Centre accepted the Mandal Commission in 1990. Meanwhile, political mobilisations provided the thrust to the making of a legislative climate favourable to the introduction of laws mandating quotas in various public institutions. The judiciary, especially the Supreme Court, supported these moves and, in fact, nurtured the vision that some form of affirmative action is necessary to realise the Constitutional ideal of building an egalitarian democracy through judgments that fine-tuned the reservation policy. Ironically, the Supreme Court, which is authorised by the Constitution to set its own rules on its functioning, had forgotten to implement this vision in its institutional structure, though multiple high courts had introduced reservations.
Which is why Chief Justice of India Bhushan Ramkrishna Gavai's June 24 curricular, first reported in HT, that introduced a formal policy of reservation in the direct appointment and promotion for Scheduled Caste (SC) and Scheduled Tribe (ST) staff working in the apex court, is historic. To be sure, the policy does not extend to the appointment of judges, though the collegium is trusted to ensure that the judiciary is representative of the larger society. Nor does it extend to OBCs: The lack of compatibility between state and central lists make extending reservation to the OBCs a tricky affair, but surely, the Court will work its way around the problem.
Importantly, Justice Gavai's initiative to adopt a reservation-in-promotion policy for the apex court will have a bearing on other public institutions as well. Legal and procedural complications had stymied affirmative action in promotions leading to skewed representation in higher posts. The establishment of a model roster and an updated register are steps that should help ensure internal accountability in promotions. The Supreme Court's experience could offer a template for other institutions, which have been reluctant to crack the glass ceiling in promotions.
Besides cementing the legacy of Justice Gavai, only the second Dalit CJI, the initiative has sought to address a major incongruence in the working of the Constitution's social justice vision. Representation is an essential feature of constitutional democracy in India. It's a welcome step when it aligns the apex court with that vision....
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