L JURISDICTION Writ Petitions NOS
1297 98 1407 of 1979 4995 97 of 1980 and 402 of 1981
375 Under Article 32 of the Constitution of India FS Nariman KN Bhat B Veerbhadrappa HS Renuka Prasad Vijay Kumar Verma Nanjappa Ganpathy and PK Manohar for the Petitioners in WP Nos
1297 98 of 1979
K Chennabasappa SS Javali and BR Agarwal for the Petitioners in WP No 1407 of 1979
KK Venugopal and CS Vaidyanathan for the Petitioners in WP Nos
4995 97180  402 of 1981
RK Garg and AV Rangam for the Respondents in WP Nos
4995 97180 and 402 of 1981
PH Parekh and Gautam Philip for the Intervener Akhil Bharat Anusuchit Jati in WP Nos
1297 98 of 1979
L3 LG Havenur KMK Nair and Narayana Nettar for the Intervener President Karnataka Legislative in WP No 1407 of 1979
K Rajendra Chaudhury for the Intervener Dravida Kazhagam in WP No 402 of 1981
KMK Nair for the Intervener All India Nayaka Sangh in WP No 1297 98 and 1407 of 1979
The following Judgments were delivered CHANDRACHUD CJ  My learned Brethren have expressed their respective points of view on the policy of reservations which alas is even figuratively a burning issue to day
We were invited by the counsel not so much as to deliver judgments but to express our opinion on the issue of reservations which may serve as a guideline to the Commission with the Government of Karnataka proposes to appoint for examining the question of affording better employment and educational opportunities to Scheduled Castes Scheduled Tribes and other Backward Classes
A somewhat unusual exercise is being undertaken by the Court in giving expression to its views without reference to specific facts
But institutions profit by well meaning innovations
The facts will appear before the Commission and it 376 will evolve suitable tests in the matter of reservations
I cannot resist expressing the hope that the deep thinking and sincerity which has gone into the formulation of the opinions expressed by my learned Brethren will not go waste
The proposed Commission should give its close application to their weighty opinions
Mine is only a skeletal effort
I reserve the right to elaborate upon it but the chances of doing so are not too bright
I would state my opinion in the shape of the following pro positions 1 The reservation in favour of scheduled castes and scheduled tribes must continue as at present there is without the application of a means test for a further period not exceeding fifteen years
Another fifteen years will make it fifty years after the advent of the Constitution a period reasonably long for the upper crust of the oppressed classes to overcome the baneful effects of social oppression isolation and humiliation
The means test that is to say the test of economic backwardness ought to be made applicable even to the Scheduled Castes and Scheduled Tribes after the period mentioned in 1 above
It is essential that the privileged section of the underprivileged society should not be permitted to monopolise preferential benefits for an indefinite period of time
In so far as the Other Backward Classes are concerned two tests should be conjunctively applied for identifying them for the purpose of reservations in employment and education One that they should be comparable to the Scheduled Castes and Scheduled Tribes in the matter of their backwardness and two that they should satisfy the means test such as a State Government may lay down in the context of prevailing economic conditions
The policy of reservations in employment education and legislative institutions should be reviewed every five years or so
That will at once afford an oppor 377 tunity i to the State to rectify distortions arising out of particular facets of the reservation policy and ii to the people both backward and non backward to ventilate their views in a public debate on the practical impact of the policy of reservations
DESAI J India embraced equality as a cardinal value against a background of elaborate valued and clearly perceived inequalities l article 14 guaranteed equality but the awareness of deep rooted inequality in the society reflected in article 15 and 16
Fifteen months of the working of the Constitution necessitated amplification of article 153 so as to ensure that any special provisions that the State may make for the educational economic or social advancement of any backward class citizen may not be challenged on the ground of being discriminatory 2 Sec 2 thereof provided for addition to sub Art 4 of article 15 For a period of three and a half decades the unending search for identifying socially and educationally backward classes of citizens has defied the policy makers the interpreters of the policy as reflected in statutes or executiveadministrative orders and has added a spurt in the reverse direction namely those who attempted to move upwardPratilom in the social hierarchy have put the movement in reverse gear so as to move downwards Anulom in order to be identified as a group or class of citizens socially and educationally backward
As the awareness of concessions and benefits grows with consequent frustration on account of their non availability confrontation develops amongst various classes of society
The Constitution promised an egalitarian society
At the dawn of independence Indian Society was a compartmentalised society comprising groups having distinct and diverse life styles
It was a caste ridden stratified hierarchical society
Though this is well accepted the concept of caste has defied a coherent definition at the hands of jurists or sociologists
Tn the early stages of the functioning of the Constitution it was accepted without dissent or dialogue that caste furnishes a working criterion for identifying socially and educationally backward class of citizens for the purpose of article 154
This was predicated on a realistic appraisal that caste as a principle of social order has persisted over millennia if much more 1 Marc Galanter Competing Equalities 1980
2 Objects and Reasons Statement of the Constitution First Amendment Act 1951
378 disorderly and asymmetrical in practice than classical Hindu socio legal theory depicted it 1 Language of article 154 refers to class  and not caste
Preferential treatment which cannot be struck down as discriminatory was to be accordedto a class shown to be socially and educationally backward and not to the members of a caste who may be presumed to be socially and educationally backward
How do we define ignoring the caste label class of citizens socially and educationally backward
As we are not writing on a clean slate let us look at judicial intervention to give shape and form to this concept of a class of citizens who are socially and educationally backward so as to merit preferred treatment or compensatory discrimination or affirmative action
A brief survey of decisions bearing on the subject would reveal the confusion and the present state of malaise
This review is necessary because a serious doubt is now nagging the jurists the sociologists and the administrators whether caste should be the basis for recognising the backwardness
There has been some vacillation on the part of the Judiciary on the question whether the caste should be the basis for recognising the backwardness
Therefore a bird s eye view of the decisions of the Court may first be taken to arrive at a starting point as to whether the Judiciary has univocally recognised caste as the basis for recognition of the backwardness In State of Madras vs Srimathi Champakam Dorairajan  Anr
2 this Court struck down the classification in the Communal GO founded on the basis of religion and caste on the ground that it is opposed to the Constitution and constitutes a clear violation of the fundamental rights guaranteed to the citizen
The decision was in the hey day of supremacy of fundamental rights over Directive Principles of State Policy
The Court held that article 46 cannot override the provisions of article 292 because the Directive Principles of State Policy have to conform to and run as subsidiary to the Chapter of Fundamental Rights
In MR Balji  Ors
vs State of Mysore3 it was observed that though caste in relation to Hindus may be a relevant factor to 1 Hutton Caste in India Its nature function and Origin 1961
2  3 1963 Supp
I SCR 439
379 consider in determining the social backwardness of groups or classes of citizens it cannot be made the sole or dominant test
Social A backwardness is in the ultimate analysis the result of poverty to a very large extent
The classes of citizens who are deplorably poor automatically become socially backward
The problem of determining who are socially backward classes is undoubtedly very complex but the classification of socially backward citizens on the basis of their castes alone is not permissible under article 154
The Court could foresee the danger in treating caste as the sole criterion for determining social and educational backwardness
The importance of the judgment lies in realistically appraising the situation when it uttered the harsh but unquestionable truth that economic backwardness would provide a much more reliable yardstick for determining social backwardness because more often educational backwardness is the outcome of social backwardness
The Court drew clear distinction between caste  and class 
The attempt at finding a new basis for ascertaining social and educational backwardness in place of caste reflected in this decision
Clairvoyance in this behalf displayed in our opinion is praiseworthy
In T Devadesan vs The Union of India  Anrl the petitioner challenged the carry forward rule in the matter of reserved seats in the Central Secretariat Service as being violative of article 14 and 16 of the Constitution
The majority accepting the petition observed that the problem of giving adequate representation to members of the backward class enjoined by article 164 of the Constitution is not adequate by framing a general rule without bearing in mind its reflections from year to year
What precise method should be adopted for this purpose is a matter for the Government to decide
The Court observed that any method to be evolved by the Government must strike a reasonable balance between the claims of the backwardness and claims of other employees as pointed out in Balaji s case
In R Chitralekha  Anr
vs State of Mysore  Ors2 the majority held valid the orders made by the Government of Mysore in respect of admissions to engineering and Medical Colleges and observed that a classification of backward classes based on economic conditions and occupations is not bad and does not offend article 154
1  2  380 The caste of a group of citizens may be a relevant circumstance in A ascertaining their social backwardness and though it is a relevant factor to determine social backwardness of a class it cannot be the sole or dominant test in that behalf
If in a given situation caste is excluded in ascertaining a class within the meaning of article 154 it does not vitiate the classification if it satisfied other tests
The Court observed that various provisions of the Constitution which recognised the factual existence of backwardness in the country and which make a sincere attempt to promote the welfare of the weaker sections thereof should be construed to effectuate that policy and not to give weightage to progressive sections of the society under the false colour of caste to which they happen to belong
Under no circumstances a caste  though the caste of an individual or group of individuals may be a relevant factor in putting him in a particular class
In Triloki Nath  Anr
vs State Or Jammu  Kashmir  Ors1 reservation of 5 per cent of the Gazetted posts to be filled by promotion was in favour of Muslims of Jammu  Kashmir
The Court held that inadequate representation in State services would not be decisive for determining the backwardness of the section
The Court accordingly gave directions for collecting further material relevant to be subject
After the material as directed earlier was collected the matter was placed before the court and the decision is reported in Triloki Nath  Anr
vs State of Jammu  Kashmir  Ors1 The Court observed that the expression backward class  is not used as synonymous with backward caste  or backward community 
The members of an entire caste or community may in the social economic and educational scale of values at a given time be backward and may on that account be treated as a backward class but that is not because they are members of a caste or community but because they form a class
In its ordinary connotation the expression class  may mean a homogeneous section of the people grouped together because of certain likenesses or common traits and who are identifiable by some common attributes such as status rank occupation residence in a locality race religion and the like but for purpose of article 164 in determining whether a section forms a class a test solely based on caste community race religion sex descent place of birth or residence cannot be adopted because it would directly offend the Constitution
The caste as the basis for determining backwardness received a rude jolt
1  2  381 In A Peeriakaruppan etc
vs State of Tamil Nadu1 this Court after referrening to earlier decisions especially in Balaji s case and Chitralekha s case observed that there is no gain saying the fact that there are numerous castes in this country which are socially and educationally backward
To ignore their existence is to ignore the realities of life
It is difficult to make out whether the court accepted caste as the sole basis for determining social and educational backwardness
In State of Andhra Pradesh  Ors
vs USV Balram etc2 a list of backward classes which was under challenge prima facie appeared to have been drawn up on the basis of caste
The Court on closer examination found that the caste mark is merely a description of the group following the particular occupations or professions exhaustively referred to by the commission
Even on the assumption that the list is based exclusively on caste it was clear from the materials before the Commission and the reasons given by it in its report that the entire caste is socially and educationally backward and therefore the inclusion of sub caste in the list of Backward Classes is warranted by article 154
The caste remained the criterion for determining social and educational backwardness
The assumption that all the members of a given caste are socially and educationally backward is wholly unfounded and lacks factual support obtained by survey
In Janki Prased Parimoo  Ors etc
vs State of Jammu  Kashmir  Ors
8 it was observed that mere poverty cannot be a test of backwardness because in this country except for a small percentage of the population the people are generally poor some being more poor others less poor
In the rural areas some sectors of the population are advancing socially and educationally while other sectors are apathetic Applying this yardstick priestly classes following a traditional profession was held not to be socially and educationally backward
Cultivators of land designated as backward measured by the size of the holding was held to be impermissible on the ground that placing economic consideration alone above other considerations is erroneous to determine social and educational backwardness
1 1971 2 SCR 430
2  3  382 In State of Uttar Pradesh vs Pradip Tandon  Ors1 reservations in favour of rural areas was held to be unsustainable on the ground that it cannot be said as a general proposition that rural areas represents socially and educationally backward classes of citizens
Poverty in rural areas cannot be the basis of classification to support reservation for rural areas
In State of Kerala  Anr
vs NM Thomas  Ors2 the constitutional validity of Rule 13A giving further exemption of two years to members belonging to Scheduled Tribes and Scheduled Castes in the service from passing the tests referred to in r 13 or r 13A was questioned
The High Court struck down the rule
Allowing the State appeal Mathew J in his concurring judgment held that to give equality of opportunity for employment to the members of Scheduled Castes and Scheduled Tribes it is necessary to take note of their social educational and economic backwardness
Not only is the Directive principles embodied in article 46 binding On the law makers as ordinarily understood but it should equally inform and illuminate the approach of the court when it makes a decision as the court also is State within the meaning of article 12 and makes law even though interstitially
Existence of equality depends not merely on the absence of disabilities but on the presence of disabilities
To achieve it differential treatment of persons who are unequal is permissible
This is what is styled as compensatory discrimination or affirmative action
In a concurring judgment Krishna lyer J Observed that the genius of Arts 14 and 16 consists not in literal equality but in progressive elimination of pronounced inequality
To treat sharply dissimilar persons equally is subtle injustice
Equal opportunity is a hope not a menace
In Kumari KS Jayasree  Anr
vs The State kerala  Anr3 it was held that the problem of determining who are socially and educationally backward classes is undoubtedly not simple
Dealing with the question whether caste can by itself be a basis for determining social and educational backwardness the court observed that it may not be irrelevant to consider the caste of group of citizens claiming to be socially and educationally backward
Occupations place of habitation may also be relevant factors in determining who are socially and educationally backward classes
1   2  3  383 In Akhil Bharatiya Soshit Karamchari Sangh Railway represented by its Assistant General Secretary on behalf of the Association vs A Union of India  Orsl this Court upheld reservation of posts at various levels and making of various concessions in favour of the members of the Scheduled Castes and Scheduled Tribes
Krishna Iyer J extensively quoting from the final address to the Constituent Assembly by Dr Ambedkar held that the political democracy was not the end in view of the struggle for freedom but a social democracy was to be Set up by which it was meant the social fabric resting on the principle of one man one value
Translated functionally it means total abolition of social and economic inequalities  This brief review would clearly put into focus the dithering and the vacillation on the part of the Judiciary in dealing with the question of reservation in favour of Scheduled Castes Scheduled Tribes as well as other socially and educationally backward classes
Judiciary retained its traditional blindfold on its eyes and thereby ignored perceived realities
A perceptive viewer of judicial intervention observed that the courts turned out to be more limited as a vantage point then I naively assumed at the outset
They act as a balance wheel channelling compensatory policies and accommodating them to other commitments but it is the political process that shapes the larger contour of these policies and gives them their motive force
Official doctrine judicial pronouncements or administrative regulations proved insufficient guide to the shape of the policies in action and the result they produced 2 The Indian social scene apart from being disturbing presented the picture of stratified society hierarchically fragmented
At the lowest rung of the ladder stand Scheduled Castes and Scheduled Tribes and any preferential treatment in their favour has more or less ment with judicial approval
But when it came to preferential treatment or affirmative action or what is also called compensatory discrimination in favour of socially and educationally backward classes of citizens the caste ridden society raised its ugly face
By its existence over thousands of years more or less it was assumed that caste should be the criterion for deter mining social and educational backwardness
In other words it was said look at the caste its traditional functions it position in relation to upper castes by the standard of purity and pollution pure and not so pure occupation once these questions are satisfactorily answered without anything more those who belong to that 1  2 Marc Galanter Compoting Equalities 1980 p XVIII
384 caste must be labelled socially and educationally backward
This A over simplified approach ignored a very realistic situation existing in each caste that in every such caste whose members claim to be socially and educationally backward had an economically well placed segments
But that may wait
We are at present concerned with the judicial response to the attempt of the Executive to accord preferential treatment to socially and educationally backward classes of citizens
The litigation which came to the court was more often by those who relied on meritocracy and complained that the merit is crucified at the altar of the mirage of equality
The outcome of judicial intervention against preferred treatment is summed up as under Summing up we may surmise that the gross effect of litigation on the compensatory discrimination policy has been to curtail and confine it
Those who have attacked compensatory discrimination schemes in court have compiled a remarkable record of success while those seeking to extend compensatory discrimination have been less successful  1 The controversy now has shifted to identifying socially and educationally backward classes of citizens
The expression back ward classes  is not defined
Courts have more or loss in the absence of well defined criteria not based on caste label has veered round to the view that in order to be socially and educationally backward classes the group must have the same indicia as Scheduled Castes and Scheduled Tribes
The narrow question that the being examined here is whether cast label should be sufficient to identify social and educational backwardness Number of Commissions have attempted to tackle this complex problem
However both Mandal Commission of Karnataka and Bakshi Commission of Gujrat have finally accepted caste as the identifying criterion for determining social and educational backwardness thought will be presently pointed out that Mandal Commission had serious reservations about caste criterion
Most of these Commissions and the Government orders based their recommendations used communal units to discriminate the backward class
Rane Commission of Gujrat has chalked out a different path rejecting caste as the basis for ascertaining social and educational backwardness
The question we must pose and 1 Marc Gallanter  Competing Equalities p 511
385 answer is whether caste should be the basis for determining social and educational backwardness
In other words by what yardstick groups which are to be treated as socially and educationally backward are to be identified To simplify the question should membership of caste signify a class of citizens as being socially and educationally backward  If caste  is adopted as the criterion for determining social and educational backwardness does it provide a valid test or it would violate article 151 which prohibits discrimination against any citizen on grounds of religion race caste sex place of birth or any of them
What then is a caste  Though caste has been discussed by scholars and jurists no precise definition of the expression has emerged
A caste is a horizontal segmental division of society spread over a district or a region or the whole State and also sometimes outside it
  Homo Hierarchicus is expected to be the central and substantive element of the caste system with differentiate it from other social systems
The concept of purity and impurity conceptualises the caste system
Louis Dumont asserts that the principle of the opposition of the pure and the impure underlies hierarchy which is the superiority of the pure to the impure underlies separation because pure and the impure must be kept separate and underlies the division of labour because pure and impure occupations must likewise be kept separate2 There are four essential features of the caste system which maintained its homo hierarchicus character 1 hierarchy 2 commensality 3 restrictions on marriages and 4 hereditary occupation3 Most of the caste are endogamous groups
Intermarriage between two groups is impermissible
But Pratilom  marriages are not wholly unknown
Similarly with the onward movement of urbanisation members of various castes are slowly giving up traditional occupations and the pure and impure avocations is being frowned upon by developing notion of dignity of labour As the fruits of independence were unequally distributed amongst various segments of the society in each caste there came into existence a triple division based on economic resurgence amongst the members of the caste
Those who have become economically well off have acquired an upper class status class consciousness and the one on the step below is the middle class and the third one belongs to poorer section 1 IP Desai Should caste  be the Basis for Recognising Backwardness 1985
2 Louise Dumont Home Hierachicus 1970 3 Caste in Contemporary India G Shah 1985
386 of the caste
This led to the realisation that caste culture does not help economic interest
In fact the upper crust of the same caste is verily accused of exploiting the lower strata of the same caste
It is therefore rightly argued that the basis of the caste system namely purity and pollution is slowly being displaced by the economic condition of the various segments of the same caste
It is recognised on almost all hands that the important feature of the caste structure are progressively suffering erosion
The new organisation the so called caste organisation is substantially different from the traditional structure and caste councils
Economic differentiation amongst the members of the caste has become sharp but not so sharp as to bury caste sentiments and ties
If the transformation of the caste structure as herein indicated is realistically accepted should the caste label be still accepted as the basis for determining social and educational backwardness
In a recent paper by the noted sociologist Shri IP Desai Alas he is no more it has been ably argued that not a caste but the class or the social group should be examined with a view to determining their social and educational backwardness
Caste in rural society is more often than not mirrored in the economic power wielded by it and vice versa
Social hierarchy and economic position exhibit an undisputable mutuality
The lower the caste the poorer its members
The poorer the members of a caste the lower the caste
Caste and economic situation reflecting each other as they do arc the Deus exMachina of the social status occupied and the economic power wielded by an individual or class in rural society
Social status and economic power are so woven and fused into the caste system in Indian rural society that one may without hesitation say that if poverty be the cause caste is the primary index of social backwardness so that social backwardness is often readily identifiable with reference to a person s caste
Such we must recognize is the primeval force and omnipresence of caste in Indian Society however much we may like to wish it away
So Sadly and oppressively deep rooted is caste in our country that it has cut across even the barriers of religion
The caste system has penetrated other religious and dissentient Hindu sects to whom the practice of caste should be anathema and today we fined that practitioner of other religious faiths and Hindu dissentients are some times as rigid adherents to the system of caste as the conservative Hindus 
We find Christian harijans Christian 387 Madars Christian Reddys Christian Kammas Mujbi Sikhs etc
In Andhra Pradesh there is a community known as Pinjaras or Dudekulas known in the North as Rui Pinjane Wala  Professional cotton beaters who are really Muslims but are treated in rural society for all practical purposes as a Hindu caste
Several other instances may be given
Shared situation in the economic hierarchy caste gradation occupation habitation style of consumption standard of literacy and a variety of such other factors appear to go to make towards social and educational backwardness
In some situations and indeed quite often social investigator may easily be able to identify a whole caste group as a socially and educationally backward class he may readily recognise people living in certain areas say mountainous desert a fresh lease of life
In fact there is a mad rush for being recognised as belonging to a caste which by its nomenclature would be included in the list of socially and educationally backward classes
To illustrate Bakshi Commission in Gujrat recognised as many as 82 castes as being socially and educationally backward
On the publication of its report Government of Gujrat received representations by members of those castes who had not made any representation to the Bakshi Commission for treating them as socially and educationally backward
This phenomenon was noticed by Mandal Commission when it observed whereas the Commission has tried to make the State wise lists of OBCS as comprehensive as possible it is quite likely that severally synonymy of the castes listed backward have been left out
Certain castes are known by a number of synonymy which vary from one region to the other and their complete coverage is almost impossible
Mandal Commission found a p way out by recommending that if a particular caste has been treated as backward then all its synonyms whether mentioned in the State lists or not should also be treated as backward1 Gujrat Government was forced to appoint a second commission known as Rane Commission Rane Commission took note of the fact that there was an organised effort for being considered socially and educationally backward castes
Rane Commission recalled the observations in Balaji s case that Social backwardness is on the ultimate analysis the result of poverty to a very large extent  The Commission noticed that some of the castes just for the sake of being considered as socially and educationally backward have degraded 1 Mandal Commission Report Vol
XII p 55 388 themselves to such an extent that they had no hesitation in attributing different types of vices to and associating other factors indicative of backwardness with their castes
The Commission noted that the malaise requires to be remedied
The Commission therefore devised a method for determining socially and educationally backward classes without reference to caste beneficial to all sections of people irrespective of the caste to which they belong
The Commission came to an irrefutable conclusion that amongst certain castes and communities or class of people only lower income groups amongst them are socially and educationally backward
We may recall here a trite observation in case of NMThomas which reads as under A word of sociological caution
In the light of experience here and elsewhere the danger of reservation  it seems to me is three fold
Its benefits by and large are snatched away by the top creamy layer of the backward  caste or class thus keeping the weakest among the week always weak and leaving the fortunate layers to consume the whole cake
Secondly this claim is over played extravagntly in democracy by large and vocal groups whole burden of backwardness has been substantially lightened by the march of time and measures of better education and more opportunities of employment but wish to weak the weaker section  label as a means to score over their near equals formally categorised as the upper brackets
 A few other aspects for rejecting caste as the basis for identifying social and educational backwardness may be briefly noted
If State patronage for preferred treatment accepts caste as the only insignia for determining social and educational backwardness the danger looms large that this approach alone would legitimise and perpetuate caste system
lt does not go well with our proclaimed secular character as enshrined in the Preamble to the Constitution
The assumption that all members of some caste are equally socially and educationally backward is not well founded
Such an approach provides an oversimplification of a complex problem of identifying the social and educational backwardness
The Chairman of the Backward Classes Commission set up in 1953 after having finalised the report concluded that it would have been better if we could determine the criteria of backwardness on principles other than 389 caste 1 Lastly it is recognised without dissent that the caste based reservation has been usurped by the economically well placed section in the same caste
To illustrate it may be pointed that some years ago I came across a petition for special leave against the decision of the Punjab and Haryana High Court in which the reservation of 2 12 for admission to Medical and Engineering College in favour of Majhabi Sikhs was challenged by none other than the upper crust of the members of the Scheduled Castes amongst Sikhs in Punjab proving that the labelled weak exploits the really weaker
Add to this the findings of the Research Planning Scheme of Sociologists assisting the Mandal Commission when it observed while determining the criteria of socially and educationally backward classes social backwardness should be considered to be the critical element and educational backwardness to be the linked element though not necessarily derived from the former 2 The team ultimately concluded that social backwardness refers to ascribed status and educational backwardness to achieved status and it considered social backwardness as the critical element and educational backwardness to be the linked though not derived element  The attempt is to identify socially and educationally backward classes of citizens
The caste as is understood in Hindu Society is unknown to Muslims Christians Parsis Jews etc Caste criterion would not furnish a reliable yardstick to identify socially and educationally backward group in the aforementioned communities though economic backwardness would
Therefore a time has come to review the criterion for identifying socially and educationally backward classes ignoring the caste label
The only criterion which can be realistically devised is the one of economic backwardness
To this may be added some relevant criteria such as the secular character of the group its opportunity for earning livelihood etc
but by and large economic backwardness must be the load star
Why I say this  Chronic poverty is the bane of Indian Society
Market economic and money spinning culture has transformed the general behavior of the Society towards its members
Upper caste does net enjoy the status or respect traditional voluntary or forced any more even in rural areas what to speak of highly westernised urban society
1 Backward Classes Commission Report Vol
2 Part 3 Appendix XIII p 99 of the Report of the Team
390 The bank balance the property holding and the money power deter mine the social status of the individual and guarantee the opportunity to rise to the top echelon
How the wealth is acquired has lost significance
Purity of means disappeared with Mahatama Gandhi and we have reached a stage where ends determine the means
This is the present disturbing situation whether one likes it or not
Rane Commission on the evidence before it and after applying the relevant tests and criteria observed as under We have found on applying relevant tests and on the basis of the evidence on record that therere certain castescommunities or classes of people which are backward but only lower income groups amongst them are socially and educationally backward
In order to ensure that no ambiguity remains in regard to the above aspect we may add that the above observations hold good even in respect of those classes which are identified as socially and educationally backward without reference to any caste
1 Reservation in one or other form has been there for decades
If a survey is made with reference to families in various castes considered to be socially and educationally backward about the benefits of preferred treatment it would unmistakably show that the benefits of reservations are snatched away by the top creamy layer of the backward castes
This has to be avoided at any cost
If poverty is to be the criterion for determining social and educational backwardness we must deal with a fear expressed by sociologists
It is better to recapitulate these aspects in the words of a sociologist Now if the government changes the criteria of reservation from caste to class persons from the upper strata of the lower castes who are otherwise not able to compete with the upper strata of the upper castes despite the reservations will be excluded from the white collar jobs
And the persons from the lower strata of lower castes will not be able to compete with their counterpart of the upper castes
They too will be excluded
This 1 Report of Rane Commission Chapter XII prge 121
391 will bridge the gap which is otherwise widening between the rich and the poor of the upper castes and it will strengthen their caste identity
It will wipe out the small poor strata of the upper castes at the cost of the poor strata of lower castes and in the name of secularism
In course of time the upper caste will also become the upper class
Such a process would hamper the growth of secular forces
1 This fear psychosis is effectively answered by an eminent academic
He says that if the poor can be operationally defined categorised and sub categorised and reservation benefits be stratified accordingly would the scenario still haunt use I think not
He recognised that this point is valuable in terms of alerting everyone to the need for further refinement of the notions of poor strata
He recognised that the State is with all its limitations and resources to direct and plan social transformation
The non revolutionary choice is between reinforcing caste  or reinforcing the extant constitutional values  2 Let me conclude
If economic criterion for compensatory discrimination or affirmative action is accepted it would strike at the root cause of social and educational backwardness and simultaneously take a vital step in the direction of destruction of destruction of caste structure which in turn would advance the secular character of the Nation
This approach seeks to translate into reality the twin constitutional goals one to strike at the perpetuation of the caste stratification of the Indian Society so as to arrest progressive movement and to take a firm step towards establishing a casteless society and two to progressively eliminate poverty by giving an opportunity to the disadvantaged sections of the society to raise their position and be part of the mainstream of life which means eradication of poverty
Let me make abundantly clear that this approach does not deal with reservation in favour of Scheduled Castes and Scheduled Tribes
Thousands of years of discrimination and exploitation cannot be wiped out in one generation
But even here economic criterion is worth applying by refusing preferred treatment to those amongst 1 G Shah IPW January 17 1983
2 Upendra Baxi Vice Chanceller South Gujarat University in Caste Class and Reservations A Rejoinder to Ghansham Shah
392 them who have already benefitted by it and improved their position
And finally reservation must have a time span otherwise concessions tend to become vested interests
This is not a judgment in a lis in adversary system
When the arguments concluded a statement was made that the Government of State of Karanataka would appoint a Commission to determine constitutionally sound and nationally acceptable criteria for identifying socially ar d educationally backward classes of citizens for whose benefit the State action would be taken
This does not purport to be an exhaustive essay on guidelines but may point to some extent the direction in which the proposed Commission should move
CHINNAPA REDDY J Over three decades have passed since we promised ourselves justice social economic and political and equality of status and opportunity
Yet even today we find members of castes communities classes or by whatever name you may describe them jockeying for position trying to elbow each other out and viewing with one another to be named and recognised as socially and educationally backward classes  to quality for the privilege  of the special provision for advancement and the provision for reservation that may be made under article 154  164 of the Constitution
The paradox of the system of reservation is that it has engendered a spirit of self denigration among the people
Now here else in the world do castes classes or communities queue up for the sake of gaining the backward statue
Nowhere else in the world is there competition to assert backwardness and to claim we are more backward than you 
This is an unhappy and disquieting situation but it is stark reality
Whatever gloss one may like to put upon it it is clear from the rival claims in these appeals and writ petitions that the real contest here is between certain members of two premier population wise caste community classes of Karnataka the Lingayats and the Vokkaligas each claiming that the other is not a socially and educationally backward class and each keen to be included in the list of socially and educationally backward classes
To them to be dubbed a member of the socially and educationally back ward classes is a passport for entry into professional colleges and State services so they jostle with each other and in tho bargain some time they keep out and some times they usher in some of those entitled to legitimate entry by competition or by reservation
Commissions have been appointed in the past to identify the backward classes Governments have considered the reports of the commissions and Courts have scrutinised the decisions of Governments Case s have reached the Court too then and now again
Once more we are told 393 that the State of Karnataka is ready to appoint another commission and they have asked us will you kindly lay down some guidelines Ours is a country of great economic social and cultural diversity
Often we take great pride in the country s cultural diversity
While cultural diversity adds to the splendor of India the others add to our sorrow and shame
The social and economic disparties are indeed despairingly vast
The Scheduled Castes the Scheduled Tribes and the other socially and educationally backward classes all of whom have been compendiously described as the weaker sections of the people  have long journeys to make society
They need aid they need facility they need launching they need propulsion
Their needs are their demands
The demands are matters of right and not of philanthropy
They ask for parity and not charity
The days of Dronacharya and Ekalavya are over
They claim their constitutional right to equality of status and of opportunity and economic and social justice
Several bridges have to be erected so that they may cross the Rubicon
Professional education and employment under the State are thought to be two such bridges
Hence the special provision for advancement and for reservation under articles 154 and 164 of the Constitution
Before we attempt to lay down any guidelines for the benefit of the Commission proposed to be appointed by the Karnataka Government will do well to warn ourselves and the proposed Commission against the pitfalls of the traditional  approach towards the question of reservation for Scheduled Castes Scheduled Tribes and other backward classes which has generally been superior elitist and therefore ambivalent
A duty to undo an evil which had been perpetrated through the generations is thought to betoken a generosity and farsightedness that are rare among nations 
So a superior and patronising attitude is adopted
The result is that the claim of the Scheduled Castes and Scheduled Tribes and other backward classes to equality as a matter of human and constitutional right is forgotten and their rights are submerged in what is described as the proferential principle  or protective or compensatory discrimination  expression borrowed from American jurisprudence Unless we get rid of these superior patronising and paternalist attitudes what the French Call Le mentalite hierarchique it is difficult to truly appreciate the problems involved in the claim of the Scheduled Castes Scheduled Tribes and other backward classes for their legitimate share of the benefits arising out of their belonging to humanity and to a country 394 whose constitution preaches justice social economic and political and equality of status and opportunity for all
One of the results of the superior elitist approach is that the question of reservation is invariably viewed as the conflict between the meritarian principle and the compensatory principle
No it is not so
The real conflict is between the class of people who have never been in or who have already moved out of the desert of poverty illiteracy and backwardness and are entrenched in the oasis of convenient living and those who are still in the desert and want to reach the oasis
There is not enough fruit in the garden and so those who are in want to keep out those who are out
The disastrous consequences of the so called meritarian principle to the vast majority of the under nourished povetity stricken barely literate and vulnerable people of our country are too obvious to be stated And what is merit  There is no merit in a system which brings about such consequences
Is not a child of the Scheduled Castes Scheduled Tribes or other backward classes who has been brought up in an atmosphere of penury illiteracy and anti culture who is looked down upon by tradition and society who has no books and magazines to read at home no radio to listen no TV to watch no one to help him with his home work who goes to the nearest local board school and college whose parents are either illiterate or so ignorant and informed that he cannot even hope to seek their advice on any matter of importance a child who must perforce trudge to the nearest public reading room to read a newspaper to know what is happening in the world has not this child got merit if he with all his disadvantages is able to secure the qualifying 40 or 50 of the marks at a competitive examination where the children of the upper classes who have all the advantages who go to St Paul s High School and St Stephen s College and who have perhaps been specially coached for the examination may secure 70 80 or even 90 of the marks Surely a child who has been able to jump so many hurdles may be expected to do better and better as he progresses in life
If spring flower he cannot be autumn flower he may be
Why than should he be stopped at the threshold on an alleged meritarian principle The requirements of efficiency may always be safeguarded by the prescription of minimum standards
Mediocrity has always triumphed in the past in the case of the upper classes
But why should the so called meritarian principle be put against mediocrity when we come to Scheduled Castes Scheduled Tribes and backward classes 395 Efficiency is very much on the lips of the privileged whenever reservation is mentioned
Efficiency it seems will be impaired if the total reservation exceeds 50 per cent efficiency it seems will suffer if the carry forward  rule is adopted efficiency it seems will be injured if the rule of reservation is extended to promotional posts
from the protests against reservation exceeding 50 per cent or extending to promotional posts and against the carry forward rule one would think that the civil service is a Heavenly Paradise into which only the archangels the chosen of the elite the very best may enter and may be allowed to go higher up the ladder
But the truth is otherwise
The truth is that the civil service is no paradise and the upper echelons belonging to the chosen classes are not necessarily models of efficiency
The underlying assumption that those belonging to the upper castes and classes who are appointed to the non reserved castes will because of their presumed merit naturally  perform better than those who have been appointed to the reserved posts and that the clear stream of efficiency will be polluted by the infiltration of the latter into the sacred precincts is a vicious assumption typical of the superior approach of the elitist classes
There is neither statistical basis nor expert evidence to support these assumptions that efficiency will necessarily be impaired if reservation exceeds 50 per cent if reservation is carried forward or if reservation is extended to promotional posts
Arguments are advanced and opinions are expressed entirely on an ad hoc presumptive basis
The age long contempt with which the superior  or forward  castes have treated the inferior  or backward  casts is now transforming and crystalising itself into an unfair prejudice conscious and sub conscious ever since the inferior  casts and classes started claiming their legitimate share of the cake which naturally means for the superior  castes parting with a bit of it
Although in actual practice their virtual monopoly on elite occupations and posts is hardly threatened the forward castes are nevertheless increasingly afraid that they might lose this monopoly in the higher ranks of Government service and the profession
It is so difficult for the superior  castes to understand and rise above their prejudice and it is so difficult for the inferior castes and classes to overcome the bitter prejudice and opposition which they are forced to face at every stage
Always one hears the word efficiency as if it is sacrosanct and the sanctorum has to be fiercely guarded Efficiency  is not a mantra which is whispered by the Guru in the Sishya s ear
The mere securing of high marks at an examination may not necessarily mark out a good 396 administrator
An efficient administrator one takes it must be one A who possesses among other qualities the capacity to understand with sympathy and therefore to tackle bravely the problems of a large segment of populating constituting the weaker sections of the people
And who better than the ones belonging to those very sections Why not ask ourselves why 35 years after independence the position of the Scheduled Castes etc
has not greatly improved Is it not a legitimate question to ask whether things might have been different had the District Administrators and the State and Central Bureaucrats been drawn in larger numbers from these classes Courts are not equipped to answer these questions but the courts may not interfere with the honest endeavours of the Government to find answers and solutions
We do not mean to say that efficiency in the civil service is necessary or that it is a myth
All that we mean to say is that one need not make a fastidious fetish of it
It may be that for certain posts only the best may be appointed and for certain courses  of study only the best may be admitted f so rules may provide for reservations for appointment to such posts and for admission to such courses
The rules may provide for no appropriate method of selection
It may be that certain posts require a very high degree of skill or efficiency and certain courses of study require a high degree of industry and intelligence
If so the rules may prescribe a high minimum qualifying standard and an appropriate method of selection
Different minimum standards and different modes of selection may be prescribed for different posts and for admission to different courses of study having regard to the requirements of the posts and the courses of study
No one will suggest that the degree t of efficiency required a cardiac or a neuro surgeon is the same as the degree of efficiency required of a general medical practitioner
Similarly no will suggest that the degree of industry and intelligence expected of a candidate seeking admission to a research degree course need be the same as that of a candidate seeking admission to an ordinary arts degree course
We do not therefore mean to say that efficiency is to be altogether discounted
All that we mean to say is that it cannot be permitted to be used as a camouflage to let that upper classes take advantage of the backward classes in its name and to monopolise the services particularly the higher posts and the professional institutions
We are afraid we have to rid our minds of many cobwebs before we arrive at the core of the problem
The quest for equality is self elusive we must lose our illusions though not our faith
It is the dignity of man to pursue the quest for equality
It will be advantageous to quote at this juncture RH Tawney in his classic work equality where he says
397 The truth is that it is absurd and degrading for me to make much of their intellectual and moral superiority to each other and still more of their superiority in the arts which bring wealth and power because judged by their place in any universal scheme they are infinitely great or infinitely small 
The equality which all these thinkers emphasise as desirable is not equality of capacity or attainment but of circumstances and institutions and j manner of life
The equality which they deplore is not the inequality of personal gifts but of the social and economic environment
Their views in short is that because men are men social institutions property rights and the organisation of industry and the system of public health and education should be planned as far as is possible to emphasise and strengthen not the class differences which divide but the common humanity which unite them  But the controversy between the meritarian and the compensatory principals cannot be allowed to cloud the issues before us
An intelligible consequence of the fundamental rights of equality before the law equal protection of the laws equality of opportunity etc guaranteed to all citizens under our Constitution is the right of the weaker sections of the people to special provision for their admission into educational institutions and representation in the services
Appreciating the realities of the situation
and least there by any misapprehension the Constitution has taken particular care to specially mention this right of the weaker sections of the people in articles 154 and 164 of the Constitution
In view of articles 154 and 164 the so called controversy between the meritarian and compensatory principles is not of any great significance though of course we do not suggest efficiency should be sacrificed
The question really is who are the scheduled castes scheduled tribes and backward classes who are entitled to special provision and reservation in regard to admission into educational institutions and representation in the services
So far as Scheduled Castes and Scheduled Tribes are concerned the question of their identification stands resolved by the notifications issued by the President under Part XVI of the Constitution
The problem is only in regard to the identification of the other socially and educationally backward classes
The question really is how to identify these backward classes to entitle them to entry through the doors of articles 154 and 164
And the further question naturally is about the limits of reservation
398 We are afraid the courts are not necessarily the most competent to identify the backward classes or to lay down guidelines for their identification except in broad and very general way
We are not equipped for that we have no legal barometers to measure social backwardness
We are truly removed from the people particularly those of the backward classes by layer upon layer of gradation and degradation
And India is such a vast country that conditions vary from State to State region to region district to district and from one ethnic religious linguistic or caste group to another
A test to identify backward classes which may appear appropriate when applied to one group of people may be wholly inappropriate and unreasonable if applied to another group of people
There can be no universal test there can be no exclusive test there can be no conclusive test
In fact it may be futile to apply any rigid tests
One may have to look at the generality and the totality of the situation
We do generally understand what we mean when we talk of the richer classes the poorer classes the upper middle class the lower middle classes the ruling class the privileged class the working class the exploited classes etc
In what senses the word classes  used in article 154 and in article 164 of the Constitution What is the meaning of the expression socially  and educationally backward classes  What does backwardness consist in To have a clear understanding of what is meant by backwardness  backward classes  and socially and educationally backward classes  we must have an idea of what social inequality is about
Max Weber gives us a three dimensional picture of social inequality
According to Weber the three dimensions are class status and power
A person s class situation in the Weber sense is what he shares with others similarly placed in the process of production distribution and exchange a definition of class which is very near to that of the Marxist conception The inequality of class depends primarily on inequality of income and to some extent on an equal opportunity for upward mobility
persons class according this definition is his shared situation in the economic hierarchy
Status the second of Weber s three dimensions is generally determined by the style of consumption though not necessarily by the source or amount of income
An impoverised aristocrat is sometimes sought after by the nouveau riche
A desk worker considers himself superior to a manual worker
A professional like a doctor or a lawyer is thought to be of superior status than those belonging to several other walks of life
Status seems to 399 depend on social attributes and styless of life including dress speech I occupation etc on what RH Tawney describes as the tedious A vulgarities of income and social position  Similarly class and status are not contemporeaneous with power though power and class can often be sen to be closely connected
Power is participation in the decision making process but those who wield power are not necessarily the best paid nor the most respected
But it is now obvious even to the most superficial observer that social and political power is wielded in innumerable unseen ways by those who control economic power
Political power is remorselessly manipulated by economic power
We therefore see that everyone of the three dimensions propounded by Weber is intimately and inextricably connected with economic position
However we look at the question of backwardness  whether from the angle of class status or power we find the economic factor at the bottom of it all and we find poverty the culprit cause and the dominant characteristic Poverty the economic factor brands all backwardness just as the erect posture brands the homosapiens and distinguishes him from all other animals in the eyes of the beholder from Mars
But whether his racial stock is Caucasian Mongoloid Negroid etc further investigation will have to be made
So too the further question of social and educational backwardness requires further scrutiny
In India the matter is further aggravated complicated and pitilessly tyrannised by the ubiquitous caste system a unique and devastating system of gradation and degradation which has divided the entire Indian and particularly Hindu society horizontally into such distinct layers as to be v destructive of mobility a system which has penetrated and corrupted the mind and soul of every Indian citizen
It is a notorious fact that there is an upper crust of rural society consisting of the superior castes generally the priestla the landlord and the merchant castes there is a bottom strata consisting of the out castes  of Indian Rural Society namely the Scheduled Castes and in between the highest and the lowest there are large segments of population who because of the law gradation of The caste to which they belong in the rural society hierarchy because of the humble occupation which they pursue  because of their poverty and ignorance are also condemned to backwardness social and educational backwardness which prevents them from competing on equal terms to catch up with the upper crust Any view of the caste system class or cursory will at once reveal the firm links which the caste system has with economic power
Land and learning two of the primary sources of economic power in 400 India have till recently been the monopoly of the superior castes
Occupational skills were practised by the middle castes and in the economic system prevailing till now they could rank in the system next only to the castes constituting the landed and the learned gentry
The lowest in the hierarchy where those who were assigned the meanest task the out castes who wielded no economic power
The position of a caste in rural society is more often than not mirroned in the economic power wielded by it and vice versa
Social hierarchy and economic position exhibit an undisputable mutuality
The lower the caste the poorer its members
The poorer the members of a caste lower the caste
Caste and economic situation reflecting each other as they do are the Deus ex Machina of the social status occupied and the economic power wielded by an individual or class in rural society
Social status and economic power are so woven and fused into the caste system in Indian rural society that one may without hesitation say that if poverty be the cause caste is the primary index of social backwardness so that social backwardness is often readily identifiable with reference to a person s caste
Such we must recognised is the primeval force and omnipresence of caste in Indian Society however much we may like to wish it away
So Sadly and oppressively deep rooted is caste in our country that it has out across even the barriers of religion
The caste system has penetrated other religious and dissentient Hindu sects to whom the practice of caste should be anathema and today we find that practitioner of other religious faiths and Hindu dissentients are some times as rigid adherents to the system of caste as the conservative Hindus
We find Christian harijans Christian Madars Christian Reddys Christian Kammas Mujbi Sikhs etc
In Andhra Pradesh there is a community known as Pinjaras or Dudekulas known in the North as Rui Pinjane Wala  Professional cotton beaters who are really Muslims but are trated in rural society for all practical purposes as a Hindu
caste Several other instances may be given
Shared situation in the economic hierarchy caste gradation occupation habitation style of consumption standard of literacy and a variety of such other factors appear to go to made towards social and educational backwardness
In some situations and indeed quite often social investigator may easily be able to identify a whole caste group as a socially and educationally backward class he may readily recognise people living in certain areas say mountainous desert or forest regions as socially and educationally backward classes he may freely perceive those pursuing certain Lowly  accusations as socially and educationally backward classes he may without difficulty distinguish the very poor and the destitute as socially and educationally 401 backward classes
The social investigator may be able to do all this by field reasearch
study observation collection and interpretation of data application of common though not rigid standards
We will refer to these aspects of the question later in our judgment
With these prefatory general observations we may now refer to the relevant Constitutional provisions
Part XVI of the Constitution concerns itself with Special provisions relating to certain classes
The classes in regard to which the constitution makers thought fit to make special provision are the Scheduled Caste the Scheduled Tribes the Anglo Indian community and the socially and educationally backwardness classes Articles 330 and 332 provide for reservation of seats for Scheduled Castes and Scheduled Tribes in the House of the People and the Legislative Assembles of the State
Articles 331 and 333 provide for representation of the Anglo Indian Community in the House of the People and the Legislative Assemblies of the States
Article 334 provides that the reservation and special representation are to cease after 30 years
There is no reservation or special representation for socially and educationally backward classes either in the House of the People or in the Legislative Assemblies of the State
Article 335 imposes a constituently obligation to take into consideration the claims of members of the Scheduled Castes and Scheduled Tribes in the making of appointments to the services and posts in connection with the affairs of the Union or of the States consistently with the maintenance of efficiency of administration
Articles 336 and 337 make certain special provisions for the Anglo Indian Community in certain services and with respect to educational grants for the benefit of that community
Article 341 empowers the President with respect to any State after consultation with the Governor or Union Territory to specify by public notification the castes the races or tribes or parts or groups within castes races or tribes which shall for the purposes of the Constitution be deemed to be Scheduled Castes in relation to that State or Union Territory as the case may be
A notification so issued by the President is not to be varied by any subsequent notification but may only be varied by law made by Parliament
Article 342 makes a similar provisions with respect to Scheduled Tribes
Article 340 empowers the President to appoint a commission to investigate the conditions of socially and educational 402 ly backward classes within the territory of Indian and the difficulties under which they labour and to make recommendations as to the steps that should be taken by the Union to remove such difficulties and to improve their conditions and as to the grants that should be made for that purpose by the Union or by the State
The report of the Commission which is to set out the facts and make recommendations is required to be laid before each House of Parliament together with a memorandum explaining the action taken thereon
Article 338 enjoins the appointment of a special officer for the Scheduled Tribes by the President whose duty is to investigate all matters relating to the safeguards provided for the Scheduled Castes and Schedule Tribes under the Constitution and to report to the President upon the working of those safeguards at such intervals as may be directed by the President
The reports are to be laid before each House of Parliament
Article 3383 expressly provides that n under article 338 references to the Scheduled Castes Scheduled Tribes shall be construed as in including references to such other backward classes as the President may on receipt of the report of a Commission appointed under article 34a1
specify and also the Anglo Indian community
Thus while there is a special provision for reservation of seats for Scheduled Castes and Scheduled Tribes in the House of the People and the Legislative Assemblies of the States and a provision for the representation of the Anglo Indian Community in the House of the People and the Legislative Assemblies of the States there is no such provision for reservation of seats for or reservation socially and educationally backward classes in the House of the People or the Legislative Assemblies of the States
Again while under article 335 there is a constitutional obligation to consider the claims of the members of the Scheduled Castes and Scheduled Tribes in the making of appointments to services and posts in connection with the affairs of the Union and the States and there is a special provision for the Anglo Indian Community in certain services for a limited period
There is no corresponding provision for the socially and educationally backward classes
But there is a provision under article 340 of the Constitution for the appointment of a Commission to investigate the conditions of socially and educationally backward classes and to recommend the steps to be taken to ameliorate such conditions
403 Article 14 of the Constitution stated in positive language guarantees to every person equality before the law and equal protection of the laws Article 151 prohibits the State from discriminating against any citizen on grounds only of religion race caste sex place of birth or any of them
Article 222 similarly prohibits the denial of admission into any educational institution maintained by the State or receiving aid out of State funds on grounds only of religion race caste language or any of them
While article 153 States that nothing in article 15 shall prevent the State from making any special provision for women and children article 154 provides Nothing in this Article or in clause 2 of article 29 shall prevent the State from making and special provision for the advancement of any socially educationally backward classes of citizens or for the Scheduled Castes or Scheduled Tribes
 article 16 deals with equality of opportunity in matters of public employment
article 161 provides that there shall be equality of opportunity in matters relating employment or appointment to any office under the State and article 162 prohibits discrimination on grounds only of religion race caste sex descent place of birth residence or any of them
article 164 States nothing in this Article shall prevent the State from making any provision for the reservation of appointments or posts in favour of any backward class of citizens which in the opinion of the that is not adequately represented in the services under the State
We are primarily concerned in this case with the question as to who are socially and educationally backward classes of citizens mentioned in article 154 and the backward class of citizens not adequately represented in the services under the State mentioned in article 164
We see that while article l 54 contemplates special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes article 164 speaks of provision for the reservation of appointments or posts in favour of any backward class of citizens which in the opinion of the State is not adequately represented in services under the State Now it is not suggested that the socially and educationally backward classes of citizens and the Scheduled Castes and the Scheduled Tribes from whom special provision for advancement is contemplated by Art 154 are distinct and separate from the backward classes of citizens who are adequately represents in the services under the State for whom reservation of posts and appointments is contemplated by article 164 The backward classes of citizens  referred to in article 164 despite the short description are the same 404 as the socially and educationally backward classes of citizens and the A scheduled castes and the Scheduled Tribe  90 fully described in article 154 Vide Trilokinath Tiku vs State of Jammu and Kashmir and other cases
However for the purposes of article 164 it is further necessary that the Backward classes should not be adequate in the services
Again and quite obviously special provision for advancement  is a wide expression and may include many more things besides mere reservation of seats in colleges  It may be by way of financial assistance free medical educational and hostel facilities scholarships free transport concessional or free housing exemption from requirements insisted upon in the case of other classes al so on
We are not for the time being concerned with the mode advancement other than reservation of seats in college we observe that under article 164 reservation is to be made to benefit those backward classes who in the opinion of the Government are not adequately represented in the services
Reservation must therefore be aimed at securing adequate representation
It must follow that the extent of reservation must match the inadequacy of representation
There is no reason why this guideline furnished by the Constitution itself should not also be adopted for the purposes Or article 154 too
For example the extent of reservation of seats in professional colleges may conveniently be determined with reference to the inadequacy of representation in the various profession
Similarly the extent of reservation in other colleges may be determined with reference to the inadequacy in the number of graduates etc
Naturally if the lost ground is to be gained
the extent of reservation may even have to be slightly higher than the percentage of population of the backward classes
Since these questions are not altogether res integra it will be useful to refer to a few of the earlier opinions of this Court touching upon this question
Until Thomas1 came on the scene Balaji2 was considered by many as the magnum opus on reservations
Balaji was also a case from Karnataka
The very first sentence of the judgment of a Gajendragadkar J is a revelation of the frustrating task that the Government of Karnataka has been undertaking these several years
The first sentence says Since 1958 the State of Mysore has been l  2 1963 Suppl
I SCR4 39 405 endeavouring to make a special provision for the advancement of the socially and educationally backward classes af citizens in the State A of Mysore under article 154 of the Constitution and every time when an order is passed in that behalf its validity has been challenged by writ proceedings
Four previous orders passed in that behalf were challenged by writ proceedings taken against the State under article 226
Balaji was concerned with the question of the validity of the reservation made under article 154 of the Constitution in regard to admission to the medical colleges of the Mysore and Karnataka Universities
28 per cent of the seats were reserved for Backward Classes so called 20 percent for more Backward classes 15 per cent for Scheduled Castes and 3 per cent for Scheduled Tribes making a total of 68 per cent of the seats available for the reserved category only and 32 per cent for the general category described in the judgment as merit pool
The reservation was generally made on the basis of the report of the Nagan Gowda Committee appointed by the State Government
The court found that the Committee approached the problem of enumerating and classifying these socially and educationally backward communities on the basis that social backwardness depended substantially on the caste to which the community belonged though it recognised that economic condition may be a contributing factor
according to the court the Committee virtually equated classes  with castes 
The court observed that in dealing with the question as to whether any class of citizens were socially backward or not it might not be irrelevant to consider the caste of the said citizens but the importance of caste should not be exaggerated
rt was observed that caste could not be made the sole or dominant test to determine the social backwardness of group or classes of citizens
It was noted that social backwardness was in the ultimate analysis the result of poverty to a very large extent
It was also noticed that the occupation of citizens might also contribute to make classes of citizens socially backwardness
As the Nagam Gowda Committee had adopted the caste test as the predominant test if not the sole test without regard to the other factor which were undoubtedly relevant the court expressed the vice the classification made by the Committee of socially backward communities was invalid
In passing at one place it was remarked that the Backward Classes of citizens for whom special provision was authorised to be made were treated by article 154 itself as being similar to the Scheduled Castes and Tribes
It was observed that the Backward Classes were in the matters of their backwardness comparable to Scheduled Castes and Tribes
Based on these observations and the juxta 406 position of the expressions Scheduled Castes Scheduled Tribes and A socially and educationally backward classes in article 15 and article 338 it was suggested by the learned counsel for the petitioner that the socially backward classes of people were those whose status and standard of living was very much the same as those of the Scheduled Castes and Scheduled Tribes
We do not think that these observations were meant to lay down any proposition that the socially Backward Classes were those classes of people whose conditions of life were very nearly the same as those of the Scheduled Castes and Tribes
We say so first because of the inappropriateness of applying the ordinary rules of statutory interpretations to interpret constitutional instruments which are sui generies and which deal with situations of significance and consequence
It is not enough to exhibit a Marshallian awareness that we are expounding a Constitution we must also remember that we are expounding a Constitution born in the mid twentieth century but of an anti imperialist struggle influenced by Constitutional instruments events and revolutions elsewhere in search of a better world and winded to the idea of justice economic social and political to all
such a Constitution must be given a generous interpretation so as to give all its citizens the full measure of justice promised by it
The expositors of the Constitution are to concern themselves less with mere words and arrangement of words than with the philosophy and the prevading spirit and sense  of the Constitution so elaborately exposed for our guidance in the Directive Principles of State Policy and other provisions of the Constitution
Now anyone acquainted with the rural scene in India would at once recognise the position that the Scheduled Castes occupy a peculiarly degraded position and are treated not as persons of caste at all but as outcastes
Even the other admittedly backward classes shun them and treat them as inferior beings
It was because of the special degradation to which they had been subjected that the Constitution itself had to come forward to make special provision for them
There is no point in attempting to determine the social backwardness of other classes by applying the test of nearness to the conditions of existence of the Scheduled Castes
Such a test would practically nullify the provision for reservation for socially and educationally Backward Classes other than Scheduled Castes and Tribes
Such a test would perpetuate the dominance of the existing upper classes
Such a test would take a substantial majority of the classes who are between the upper classes and the Scheduled Castes and Tribes out of the category of backward classes and put them at a permanent disadvantage
Only the enlightened  classes of body will capture all the open  posts and seats and the reserved posts and 407 seats will go to the Scheduled Castes and Tribes and those very near the Scheduled Castes and Tribes
The bulk of those behind the enlightened  classes and ahead of the near Scheduled Castes and Tribes would be left high and dry with never a chance of imposing themselves 
Earlier we mentioned that poverty was regarded by the Court as the prime cause of social backwardness
It was said at page 460 Social backwardness is on the ultimate analysis the result of poverty to a very large extent
The classes of citizens who are deplorably poor automatically become socially backward
They do not enjoy a status in society and have therefore to be content to take a backward seat
It is true that social backwardness which results from poverty is likely to be aggravated by considerations of caste to which the poor citizens may belong but that only shows the relevance of both caste and poverty in determining the backwardness of citizens
We only add that there is an overpowering mutuality between poverty and caste on the Indian scene
Again referring to some scheme formulated by the Maharashtra Government for financial assistance the Court observed However we may observe that if any State adopts such a measure it may afford relief to and assist the advancement of the Backward Classes in the State because backwardness social and educational in ultimately and primarily duties for proverty
Recognising poverty as the true source of the evil of social and economic backwardness and caste as a relevant factor in determining backwardness the Court also noticed occupation and habitation as two other important contributing factors and finally stressed the need for a penetrating investigation
It was said The occupations of citizens may also contribute to make classes of citizens socially backward
There are some occupations which are treated as inferior according to conventional beliefs and classes of citizens who follow these occupations are apt to become socially backward
The place of habitation also plays not a minor part in determining the backwardness of a community of persons
In a sense the problem of social backwardness is the problem of Rural India and in that behalf classes of citizens occupying a socially backward position in rural area fall within the purview of article 154
The problem of deter mining who are socially backward classes is undoubtedly very complex
Sociological social and economic considerations come into play in solving the problem and 408 evolving proper criteria for determining which classes are A socially backward is obviously a very difficult task
It will need an elaborate investigation and collection of data and examining the said data in a rational and scientific way
The Balaji Court then proceeded to consider the question of educational backwardness
The Nagan Gowda Committee had dealt with the question on the basis of the average of the student population in the last three High school classes of all High Schools in the State in relation to a thousand citizens of that community
The Committee was of the view that all castes whose average was less than the State average should be regarded as Backward communities and those whose average was less than 50 per cent of the State average should be regarded as More Backward
The Court took the view that the adoption of the test of the last three High School classes might be a little high
but even if it was not considered high it was not right to treat communities which were just below the State average as backward
There can be divergence of views on this question
Where the State average itself is abysmally low there is no reason why classes of people whose average was slightly above or very near or just below the State average should be excluded from the list of Backward Classes
The adoption of the State average or the 50 per cent of the State average test might lead to quite arbitrary results and This surely cannot be a matter in which the court should try to impose its views
In fact while observing if the test has to be applied by a reference to the State average of student population the legitimate view to take would be that the classes of citizens whose average is well or substantially below the State average can be treated as educationally backward the court also observed  On this point again we do not propose to lay down any hard and fast rule it is for the State to consider the matter and decide in a manner which is consistent with the requirements of article 154
It was also observed in Balaji that the sub classification made by the reservation order between Backward Classes and More Back ward Classes did not appear to be justified under article 154 as it appeared to be a measure devised to benefit all the classes of citizens who were less advanced when compared with the most advanced classes in the State and that was not the scope of article 154
A result of the sub classification was that nearly 90 per cent of the 409 population of the State was treated as backward
The propriety of such a course may be open to question on the facts of each case but A we do not see why on principle there cannot be 3 classification into Backward Classes and More Backward Classes if both Classes are not merely a little behind but far far behind the most advanced classes In fact such a classification would be necessary to help the More Backward Classes otherwise those of the Backward Classes who might be a little more advanced than the More Backward Classes might walk away with all the seats just as if reservation was confined to the More Backward Classes and no reservation was made to the slightly more advanced Backward Classes the most advanced Classes would walk away with all the seats available for the general category leaving none for the Backward Classes
All that we can say is that sub classification may be permissible if there are classes of people who are definitely far behind the advanced classes but ahead of the very backward classes
One may say the same thing about the adoption of the average of the student population in the last three High School Classes of all High Schools in the State in relation to a thousand citizens of that community as the basis for assessing relative Backwardness
Balaji thought it was a little high but surely other views are possible
In fact considering the wide spread of elementary education one would think the basis should be pushed up higher
Having regard to the availability of elementary schools in rural areas more and more boys of the backward Classes may become literate
But it is a long way from ceasing to be educationally backward
As one goes up class by class it as a notorious fact that there are more drop outs  from the boys of the backward classes than from the boy of the forward classes
The adoption of a lower basis to assess educational backwardness may give a wholly false picture
After all if one is considering the question of admission to professional colleges or of appointment to posts the basis possibly should be the average number of students of that community who have passed the examination prescribed as the minimum qualification for admission to professional colleges say in the last three years and perhaps the average number of persons of that community who have graduated is the last three years since graduation is generally the minimum qualification for most posts possibly the extent of reservation may even vary with reference to the class of post
This is a matter for evaluation by experts
410 The Balaji Court then considered the question of the extent of the special provision which the State would be competent to make under article 154
Here the Court brought in the so called meritarian principle and thought that large reservation would inevitably affect efficiency
We may perhaps mention here what a noted sociologist had to say So the leading anti reservationists by hand to find nationalizations for their campaigns
A favourite one is to conjure up the image of a phoney juxtaposition on one side is merit  shown up by candidates on the open list on the other side is incompetence  represented b those on the reserved list Hence so the argument runs if reservations are maintained standards in the medical professions or in other professions and senior Government posts will be deleted
Indeed it is claimed there is serious risk that patients will die if they are treated by backward  doctors who have reached their positions through reservations
Such allegations are constantly repeated although they are patently false in the final at the postgraduate level the minimum qualifying marks are identical for all candidates irrespective of their origin  We should think that is a matter for experts in management and administration
There might be posts or technical courses for which only the best can be admitted and others might be posts and technical courses for which minimum qualification would also serve
The percentage of reservations is not a matter upon which a court may pronounce with no 1 material at hand
For a court to say that reservations should not exceed 40 per cent 50 per cent or 60 per cent would be arbitrary and the Constitution does not permit us to be arbitrary
Though in the Balaji case the court thought that generally and in a broad way a special provision should be less than 50 per cent and how much less than 50 per cent would depend upon the relevant prevailing circumstances in each case the court confessed
In this matter again we are reluctant to say definitely what would be a proper provision to make
 All that the court would finally say was that in the circumstances of the case before them a reservation of 68 per cent was inconsistent with article 154 of the Constitution
We are not prepared to read Balaji as arbitrarily laying down 50 per cent as the outer limit of reservation
What precisely was decided by Balaji has been summed up by the Court itself at page 471 of the SCR in the following words 1 Ruth Glass Divided and degraded the downtrodden people of India Monthly Review July August 1982
411 We have already noticed that the impugned order in the present case has categorised the Backward Classes on the sole basis of caste A which in our opinion is not permitted by article 154 and we have also held that the reservation of 68 per cent made by the impugned order is plainly inconsistent with the concept of the special provision authorised by article 154
therefore it follows that the impugned order is a fraud on the Constitutional power conferred on the State by article 154
We must repeat here what we have said earlier that there is no scientific statistical data or evidence of expert administrators who have made any study of the problem to support the opinion that reservation in excess Or 5 percent may impair efficiency
It is a rule of thumb and rules of the thumb are not for judges to lay down to solve complicated sociological and administrative problems
Sometimes it is obliquely suggested that excessive reservation is indulged in as a mere votecatching device
Perhaps so perhaps not
One can only say out of evil cometh good  and quicker the redemption of the oppressed classes so much the better for the nation
Our observations are not intended to show the door to genuine efficiency
Efficiency must be a guiding factor but not a smokes cream
All that a Court may legitimately say is that reservation may h not be excessive
It may not be so excessive as to be oppressive it may not be so high as to lead to a necessary presumption of unfair exclusion of everyone else
In R Chiralekha vs State of Mysore  the Supreme Court upheld that classification of socially and educationally backward classes made on the basis of economic condition and occupation without reference to caste
According to the Government order a family whose income was Rs 1200 per annum or less and persons or classes following occupations of agriculture petty business inferior services crafts or other occupations involving manual labour were in general socially and educationally backward
The Government listed the following occupations as contributing to social backwardness 1 actual cultivators 2 artisan 3 inferior services ie Class IV in Government Services and corresponding class or service in private employment including casual labour and 4 any other occupation involving manual labour
Th is criteria was adopted by the Government as a temporary measure pending further detailed study
The order did not take into consideration as a criterion for backwardness the caste of an applicant
Relying heavily on Balaji 1 1964 6 SCR368
412 the Mysore High Court held that the scheme adopted by the Government was most imperfect as in their opinion in addition to the occupation and poverty tests the study should have adopted the caste test as well as the residence test in making the classification
It also observed that the decision in the Balaji case said that the caste basis was undoubtedly a relevant nay an important basis in deter mining the classes of backward Hindus but it should not be made the sole basis
Subba Rao J speaking for this Court explained how the Mysore High Court had misunderstood Balaji and observed While this Court said that caste is only a relevant circumstance and that it cannot be the dominant test in ascertaining the backwardness of a class of citizens the High Court said that it is an important basis in determining the class of backward Hindus and that the Government should have adopted caste as one of the test
As the said observations made by the High Court may lead to some confusion in the mind of the authority concerned who may be entrusted with the duty of prescribing the rules for ascertaining the backwardness of classes of citizens within the meaning of article 154 of the Constitution we would hasten to make it clear that caste is only a relevant circumstance in ascertaining the backwardness of a class and there is nothing in the judgment of this Court which precludes the authority concerned from determining the social backwardness of a group of citizens if it can do so without reference to caste
While this Court has not included caste from ascertaining the backwardness of a class of citizens it has not made it one of the compelling circumstances affording a basis for the ascertaining of backwardness of a class
To put it differently the au thority concerned may take caste into consideration in ascertaining the backwardness of a group of persons but if it does not its order will not be bad on that account if it can ascertain the backwardness of a group of person on the basis of other relevant criteria
 Later he further proceeded to explain This interpretation will carry out the intention of the Constitution expressed in the aforesaid Article
It helps the really backward classes instead of promoting the interests of individuals or groups who though they 413 belong to a particular caste a majority where of si socially and educationally backward really belong to a class A which is socially and educationally advanced
To illust rate take a caste in a State which is numerically the largest therein
It may be that though a majority of the people in that caste are socially and educationally backward an effective minority may be socially and edu cationally for more advanced than another small sub caste the total number of which is far less than the said minority
If we interpret the expression Classes as caster  the object of the Constitution will be frustrated and the people who do not deserve any advertitious aid may get it to the exclusion of those who really deserve
This anomaly will not arise if without equating caste with class caste is taken as only one of the considerations to ascertain whether a person belongs to a backward class or not
On the other hand if the entire sub caste by and large is backwardness it may be included in the Scheduled Castes by following the appropriate procedure laid down by the Constitution
Evidently recognising the difficulty be setting any attempt by a Court to lay down inflexible criteria he pointed out We do not intend to lay down any inflexible rule for the Government to follow
The laying down of criteria for ascertainment of social and educational backwardness of a class is a complex problem depending upon many circumstances which may vary from State to State and even from place to place in a State
But what we l intend to emphasize is that under no circumstances a class can be equated to a caste though the caste of an individual or a group of individual may be considered along with other relevant factors in putting him in a particular class
We would also like to make it clear that if in a given situation caste is excluded in ascertaining a class within the meaning of article 154 of the Constitution it does not vitiate the classification if it satisfied other tests
 In Rajendran vs State of Madrasl Ramaswami J took care to say 1 1968 I SCR 721 414  if the reservation in question had been based A only on caste and had not taken into account the social and educational backwardness of the caste in question it would be violative of article 151 But it must not be for gotten that a caste is also a class of citizens and if the caste as a whole is socially and educationally backward reservation can be made in favour of such a caste on the ground that it is a socially and educationally backward class of citizens within the meaning of article 154 
It is true that in the present cases the list of socially and educationally backward classes has been specified by caste
But that does not necessarily means that caste was the sole consideration and that person belonging to these castes are also not a class of socially and educationally backward citizens
 In State of Andhra Pradesh vs P Sagarl Shah J Observed In the context in which it occurs the expression class means a homogeneous section of the people ground together because of certain likeness or common traits and who are identifiable by some common attributes such as status rank occupation residence in a locality race religion and the like
In determining whether a particular section forms a class caste cannot be excluded altogether
But in the determination of a class a test solely based upon the caste or community cannot also be accepted          
Reservation may be adopted to advance the interests of weaker sections of society but in doing so case must be taken to see that deserving and qualified candidates are not excluded from admission to higher educational institutions
The criterion for determining the backwardness must not be based solely on religion race caste sex or place of birth and the backwardness being social and educational must be similar to the backwardness from which the Scheduled Castes and the Scheduled Tribes suffer
1 415 In Tirloki Nath vs State of Jammu  Kashmirl the Court held that while it was open to the State to make a provision for reservation of appointments or posts in favour of socially and educationally backward classes it could not distribute the number of posts or appointments on the basis of community or place or residence
An order of the Government of Jammu and Kashmir reserving 50 per cent of the vacancies for the Muslims of Kashmir entire State 40 per cent for the Jammu Hindus and 10 per cent for the Kashmiri Hindus was struck down
It was pointed out that the expression backward class was not used as synonymous with backward caste or backward community but it was noticed The members of an entire caste or community may in the social economic and educational scale of values at a given time be backward and may on that account be treated as a backward class but that is not because they are members of a caste or community but because they form a class
The Court further said In its ordinary connotation the expression class means a homogeneous section of the people grouped together because of certain likenesses or common traits and who are identifiable by some common attributes such as status rank occupation residence in a locality race religion and the like
But for the purpose of article 164 in determining whether a section forms a class a test 1 solely based on caste community race religion sex descent place of birth or residence cannot be adopted because it would directly offend the Constitution
In A Peeriakatuppan vs State of Tamil Nadu  the Court observed A caste has always been recognised as a class
there is no gain saying the fact that there are numerous castes in this country which are socially and educationally backward
To ignore their existence is to ignore the facts of life
 In State of Andhra Pradesh vs Balaram3 the order of the Government of Andhra Pradesh enumerating the socially and 1  2 1971 1 SCC38
3 Al
R 416 educationally backward classes for the purpose of admission into the A medical colleges of the State had been struck down by the High Court on the ground that the Government Order was based on the report of the Backward Classes Commission which had adopted caste as the main basis to determine who were backward classes and this was contrary to the decision of the Court in Balaji
It had also been held by the High Court that the Commission had committed a mistake in adopting the average of student population per thousand of a particular class or community in the 10th or 11th classes with reference to the State average for the purpose of determining educational backwardness
Even so the percentage of literacy of some groups included in the list of backward classes was well above the State average
The High Court had further held that the Commission had ignored the principle that the social and educational backwardness of persons classified in the list should be comparable or similar to the Scheduled Castes and Scheduled Tribes The Commission had committed a further mistake in subdividing the groups into more backward and less backward classes
It was urged before this Court that the principles thought to have been laid down in Balaji Chitralekha and Sagar that article 154 was to be read as a proviso to articles 151 and 292 and that in the matter of backwardness that backward classes must be comparable to Scheduled Castes and Scheduled Tribes were wrong and required to be re considered
The Court found that it was not necessary for them to consider this aspect of the matter as in the particular case before them they were factually satisfied that classes enumerated as backward were really socially and educationally backward
The Court however took care to say It must be pointed out that none of the above decisions lay down that social and educational backwardness must be exactly similar in all respects to that of Scheduled Castes and Scheduled Tribes
 The contention that backward classes were classified on the basis of caste was met with the following observation No doubt we are aware that that any provision I made under this clause must be within the well defined limits and should not be on the basis of caste alone
But it should not also be missed that a caste as such may be socially and educationally backward
If after collecting 417 the necessary data it is found that the caste as a whole is socially and educationally backward in our opinion A the reservation made of such persons will have to be up held notwithstanding the fact that a few individuals in that group may be both socially and educationally above the general average
There is no gain saying the fact that there are numerous castes in the Country which are socially and educationally backward and therefore a suitable provision will have to be made by the State as charge in Article 154 to safeguard their interest                the members of an entire caste or community may in the social economic and educational scale of values at a given time be backward and may on that account be treated as backward classes but that is not because they are members of a caste of community but because they form a class
Therefore it is clear that there may be instances of an entire caste or a community being socially and educationally backward for being considered to be given protection under article 154             
To conclude though prima facie the list of Backward Classes which is under attack before us may be considered to be on the basis of caste a closer examination will clearly show that it only a description of the group following the particular occupations or professions exhaustively referred to by the Commission
 The Court then proceeded to observe that the question before them was whether the Backward Classes Commission had relevant data and material before it for enumerating the classes of persons to be included in the list of backward classes was a real question and not whether the Commission was scientifically accurate in conclusion
The Court expressed its satisfaction that there was sufficient relevant material to justify the Commission s conclusion and added No doubt there are a few instances where the educational average is slightly above the State average but that circumstance by itself is not enough to strike down the entire list
In fact even there it is seen that when the whole class in which that particular group is included is considered the average works out to be less 418 than the State average
Even assuming there are a few A categories which are a little above the State average in literacy that is a matter for the State to be taken note of and review the position of such categories of persons and take a suitable decision
 Referring to the observations in Balaji regarding the test of average student population in the last three High Court School classes it was said These observations made by this Court in the above decisions have in our opinion been misapplied by the High Court to the case in hand
lt has proceeded on the basis that it is axiomatic that the educational average of the class should not be calculated on the basis of the student population in the last three high school classes and that only those classes whose average is below the State average that can be treated as educationally back ward
This Court has only indicated the broad principles to be kept in view when making the provision under article 154 In Janki Prasad Parimoo vs State of Jammu  Kashmir the Court noticed the link between economic backwardness and social and educational backwardness and observed In India social and educational backwardness is further associated with economic backwardness and it is observed in Balaji s case referred to above that backwardness socially and educationally is ultimately and primarily due to poverty Having said this the Court was not prepared to lay down poverty as the exclusive test on the ground that a large proportion of the population in India was poverty stricken and if poverty was made the sole test for reservation a resourceless situation might arise
It was said But if poverty is the exclusive test a very large proportion of the population in India would have to be regarded as socially and educationally backward and if reservations are made only on the ground of economic 419 considerations an untenable situation may arise because even in sectors which are recognised as socially and educationally advanced there are large pockets of poverty
In this country except for a small percentage of the population the people are generally poor some being more poor others less poor
Therefore when a social investigator tries to identify socially and educationally backward classes he may do it with confidence that they are bound to be poor
Though the two wards Socially  and educationally  are used cumulatively for the purpose of describing the backwardness class one may find that if a class as a whole is educationally advanced it is generally also socially advanced because of the reformative effect of education on that class
The words advanced and backward are only relative terms there being several layers or strata of classes hovering between advanced and backward and the difficult task is which class can be recognised out of these several layers as being socially and educationally backward
 The State of Jammu  Kashmir had declared six classes of citizens as socially and educationally backward
They were 1 persons whose traditional occupation was one of the sixty two mentioned 2 persons belonging to 23 social castes 3 small cultivators 4 low paid pensioners 5 residents in areas adjoining the cease fire line 6 persons belonging to bad pockets
The court found that some of the sixty two enumerated occupations were not traditional occupations at all and that that list required review
The court also found that 19 out of the 23 castes had been identified by the Committee as suffering from social disabilities and also educationally and economically backward
In the case of the remaining four castes there was nothing to indicate that they were backward classes
Referring to the third category of small cultivators it was observed that they could not be said to be a homogeneous social section of the people with common trades and identifiable by some common attributes 
All that could be said about them was that they cultivated or lived on land
Similarly in regard to the fourth category it was observed that they also do not belong to a homogeneous section of the people the only thing common between them being that they had retired from Government service
In regard to the fifth and sixth category the court observed that lack of communication inaccessibility lack 420 of material resources primitive living conditions and such considerations made the people living in those areas socially and educationally backward
In State of Uttar Pradesh vs Pradeep Tandon1 the Court recognised poverty as a relevant factor but observed that it was not the determining factor discovering poor socially and educationally backward classes
Even so the backwardness of the hill and Uttrakhand areas in Uttar Pradesh was sustained on economic basis
It was said The Hill and Uttrakhand areas in Uttar Pradesh are instances of socially and educationally backward classes of citizens for those reasons
Backwardness is judged by economic basis that each region has its own measurable possibilities for the maintenance of human numbers standards of living and fixed property
From an economic point of view the classes of citizens are backward when they do not make effective use of resources
When large areas of land maintain a sparse disorderly and illiterate population whose property is small and negligible the element of social backwardness is observed
When effective territorial specialisation is not possible in the absence Of means of communication and technical processes as in the hill and Uttrakhand areas the people are socially backward classes of citizens
Neglected opportunities and people in remote places raise walls of social backwardness of people Educational backwardness is ascertained with reference to those factors
Where people have traditional apathy for education on account of social and environ mental conditions or occupational handicaps it is an illustration of educational backwardness
The hill and Uttrakhand areas are inaccessible
There is lack of educational institutions and educational aids
People in the hill and Uttrakhand areas illustrate the educationally backward classes of citizens because lack of educational facilities keep them stagnant and they have neither meaning and values nor awareness for education 1  421 The Court struck down the reservation for candidates from rural areas on the ground that rural population which constituted 80 of A the population of the State could not be a homogeneous class
Some people in the rural areas might be educationally backward some might be socially backward there may be few who were both socially and educationally backward but it could not be said that all citizens residing in rural areas were socially and educationally backward
The Court while noticing the difficulty of defining the expression socially  and educationally  backward classes of citizens allowed itself to make the observation the traditional unchanging occupations of citizens may contribute to social and educational backwardness
The place of habitation and its environment is also a determining factor in judging the social and educational backwardness
 In KS Jayasree vs State of Keralal what was in question was a Government Order specifying that only citizens who were members of families which had an aggregate income of less than Rs 6000 per annum and which belonged to the caste and community mentioned in the annexures to the Government Order would constitute socially and educationally backward classes for the purposes of article 154
The Court upheld the order and held In ascertaining social backwardness of a class of citizens it may not be irrelevant to consider the caste of the group of citizens
Caste cannot however be made the sole or dominant test
Social backwardness is in the ultimate analysis the result of poverty to a large extent
Social backwardness which results from poverty is likely to be aggravated by considerations of their caste
This shows the relevance of both caste and poverty in determining the backwardness of citizens
Poverty by itself is not the determining factor of social backwardness
Poverty is relevant in the context of social backwardness
The commission found that the lower income group constitutes socially and educationally backward classes
The basis of the reservation is not income but social and educational backwardness determined on the basis of relevant criteria
If any classification of backward classes of 1  422 citizens is based solely on the caste of the citizen it will A perpetuate the vice of caste system
Again if the classification is based solely on poverty it will not be logical             
Social backwardness which results from poverty is likely to be magnified by caste considerations
Occupations place to habitation may also be relevant factors in determining who are socially and educationally backward classes
Social and economic considerations came into operation in solving the problem and evolving the proper criteria of determining which classes are socially and educationally backward                 
The problem of determining who are socially and educationally backward classes is undoubtedly not simple
Sociological and economic considerations come into play in evolving proper criteria for its determination
This is the function of the State
The Court s jurisdiction is to decide whether the tests applied are valid                    If the classification is based solely on caste of the citizen it may not be logical
Social backwardness is the result of poverty to a very large extent
Caste and Poverty are both relevant for determining the backwardness
But neither caste alone nor poverty alone will be the determining tests                      
Therefore socially and educationally backward classes of citizens in Article 154 cannot be equated with castes
In R Chitralekha vs State of Mysore  this Court said that the classification of backward classes based on economic conditions and occupations does not offend Article 154
 State of Kerala vs NM Thomas1 is a very important case decided by a bench of seven judges consisting of Ray CJ Khanna Mathew Beg
Krishna Iyer Gupta and Murtaza Fazal Ali JJ
The question was about the exemption given to members of the Scheduled Caste and Scheduled Tribes for a limited period from passing a 1  423 certain departmental test to qualify for promotion from the post of Lower Division Clerk to the post of Upper Division Clerk
The rule A providing for the exemption was attacked on the ground that it was violative of article 161
One of the arguments in support of the attack was that the result of application of the rule would be to enable the members of the Scheduled Castes and Scheduled Tribes to claim more than 50 of the posts immediately available for promotion
The rule was upheld by Ray CJ Mathew Beg Krishna Iyer and Murtaza Fazal Ali JJ and struck down by Khanna and Gupta JJ
Ray CJ Observed that the equality of opportunity took within its fold all stages of service from initial appointment to its  termination including promotion
Articles 14 and 161 would not be violated by the rule which would ensure equality of representation in the services for unrepresented classes after satisfying the basic needs of efficiency of administration
A rule giving preference to an underrepresented backward community would not contravene articles 4 611 and 162
Article 164 merely removed any doubt in that respect
The classification of employees belonging to Scheduled Castes and Scheduled Tribes for allowing them an extended period of two years for passing the special tests for promotion was a just and reasonable classification having rational nexus to the object of providing equal opportunity for all citizens in matters relating to employment or appointment to public office
All legitimate methods were available to strive for equality of opportunity in service under article 161
Article 164 enacted one of the methods for achieving equality embodied in article 161
Dealing with the arguments that the rule exceeded the permissible limits of the resulting preference shown to Scheduled Castes
Ray CJ Observed The High Court was wrong in basing its conclusion that the result of application of the impeached Rule and the orders are excessive and exorbitant namely that out of 51 posts 34 were given to the members of the Schedule led Castes and Scheduled Tribes
The promotions made in the service as a whole are no where near 50 per cent of the total number of posts
The Scheduled Castes and Scheduled Tribes constitute 10 per cent of the State s population
Their share in the gazetted service of the State is said to be 2 per cent 184 out of 8700
Their share in the non gazetted appointments is only 7 per cent namely 11437 out of 162784
It is therefore correct that Rule 13A and the orders are meant to implement 424 not only the direction under article 335 but also the Directive principal under article 46 One other important statement in Ray CJ s judgment is worth noticing
He said Scheduled Castes and Scheduled Tribes are not a caste within the ordinary meaning of caste
He referred Bhaiyalal vs Harikishan Singh were it had been held that an enquiry was not permissible into the question whether a particular caste was a Scheduled Caste or not in view of the provision of article 341
Mathew J who agreed with the conclusions of Ray CJ observed that resort to some sort of proportionate equality was necessary in many spheres to achieve justice
Equality of opportunity was not simply a matter of legal equally it depended not merely on the absence of disability but on the presence of abilities
The Government has an affirmative duty to eliminate inequalities and to provide opportunities for the exercise of human rights and claims
The Government has an affirmative responsibility for elimination of inequalities social economic or otherwise
There was no reason for the court not to require the State to adopt a standard of proportional equality which took account of the differing conditions and circumstances of a class of citizens whenever those conditions and circumstances stood in the way of their equal access to the enjoyment of basic rights and claims
article 164 was not an exception of article 161
It was an emphatic way of putting the extent to which the equality of opportunity could be carried viz even up to the point of making reservation
The state was entitled to adopt by measure which would ensure an adequate representation of the members of the Scheduled Castes and Scheduled Tribes and justify it as a compensatory measure to ensure equality of opportunity provided the measure did not dispense with the acquisition of the minimum basic qualification necessary for the efficiency of administration
Beg J expressly agreeing with the conclusions of Ray CJ Mathew Krishna Iyer and section M Fazal Ali JJ added that the protection of article 16 continued through out the period of service
He distinguished Devasana and Balaji on the ground that if the overall position and picture was taken into account by taking the number of employees in all Government departments the so called favoured class of employees would be less than 50 per cent of the number of posts
Beg J however thought that article 164 was designed to reconcile the conflicting pulls of article 161 representing the dynamics 425 of justice conceived of as equality in conditions under which candidates actually compete for posts in Government service and of articles A 46 and 335 embodying the duties of the State to promote the interest of the economically educationally and socially backward so as to release them from the clutches of social injustice 
According to Beg J the encroachments on the field of article 161 could only be permitted to the extent they were warranted by article 164 and to read broader concept of social justice and equality into article 161 might stultify the provision itself and make article 164 otiose
We must straight away demur
There is no reason whatever to narrow the concept of equality in article 161 and refuse to read into it broader concepts of social justice and equality
In fact it is necessary to read article 161 so as not to come into any conflict with articles 46 and 335
A constitutional document must be read as to synthesis its provisions and avoid disharmony
To say that equality also means that unequals cannot be treated equally is merely to say what is self evident and common place
article 14 implies it and we do not see why it is not implied in article 161 also
True on a first glance article 164 appears to save the power of the State to make provision for the reservation of appointments and posts in favour of any backward class of citizens but a second look shows that it really recognises a pre existing power and expresses the recognition in an emphatic way lest there should be any doubt caste upon that power
Such a device is not unknown to legislatures and constitution making bodies
article 164 is more in the nature of a rule of interpretation to guide the construction of Aft
161
The possibility of interpreting Art 161 so as to promote the narrower equality rather than the greater equality is excluded by article 164
Krishna Iyer J while upholding the validity of Rule 13AA made it quite clear that article 164 was to be viewed not as a saving clause but as a clause inserted in article 16 due to the over anxiety of the draftsman to make matters clear beyond possibility of doubt
He was emphatic that article 16 applied to appointments and pro motions as well
He expressed his agreement with Fazal Ali J that arithmetical limit of 50 per cent in one year set by some earlier rulings could not be pressed too far and that overall representation in a department did not depend on the recruitment in a particular year but the total strength of a cadre He also agreed with Fazal Ali J s construction of article 164 and his view about the carry forward  rule
But we must point out that Krishna Iyer J also made certain observations indicating that he too fell into the elitist 426 trap of viewing the question as one of protective discrimination 
A The question to which he addressed himself was Is Rule 13AA valid as protective discrimination to the Heartiness 
Viewing the question in that light he proceeded to utter some words of purported caution about the fills of reservation
He aid A word of sociological caution
In the light of experience here and elsewhere the danger of reservation  it seems to me is three fold
TLC benefits by and large are snatched away by the top creamy layer of the back ward  caste or class thus keeping the weakest among the weak always weak and leaving the fortunate layers to consume the whole cake
Secondly this claim is over played extravagantly in democracy by large and vocal groups whose burden of backwardness has been substantially lightened by the march of time and measures of better education and more opportunities of employment but wish to wear the weaker section  label as a means to score over their near equals formally categorised as the upper brackets
Lastly a lasting solution to the problem comes only from improvement of social environment added educational facilities and cross fertilisation of castes by inter caste and inter class marriages sponsored as a massive State programme and this solution is calculatedly hidden from view by the higher backward  groups with a vested interest in the plums of backwardness
But social science research not judicial impressionism will alone tell the whole truth and a constant process of objective re evaluation of a progress registered by the under dog  categories is essential lest a once deserving reservation  should be degraded into reverse discrimination 
 One cannot quarrel with the statement that social science research and not judicial impressionism should form the basis of examination by Courts of the sensitive question of reservation for backward classes
Earlier we mentioned how the assumption that efficiency will be impaired if reservation exceeds 50 per cent if reservation is extended to promotional posts or if the carry forward rule is adopted is not based on any scientific data
One must however enter a caveat to the criticism that the benefits of reservation are often snatched away by the top creamy layer of backward class or caste
That a few of the seats and posts reserved for backward classes are 427 snatched away by the more fortunate among them is not to say that reservation is not necessary
This is bound to happen in a competitive society such as ours
Are not the unreserved seats and posts snatched away in the same say by the top creamy layer on society itself  Seats reserved for the backward classes are taken away by the top layers amongst them on the same principle of merit it on which the unreserved seats are taken away by the top layers of society
How can it be bad if reserved seats and posts are snatched away by the creamy layer of backward classes if such snatching away of unreserved posts by the top creamy layer of society it self not bad This is a necessary concomitant of the very economic and social system under which we are functioning
The privileged in the whole of society snatch away the unreserved prizes and the privileged among the backward classes snatch away the reserved prizes This does not render reservation itself bad
But it does emphasis that mere reservation of a percentage of seats in colleges and a percentage of posts in the services is not enough to solve the problem of backwardness
Developmental facility and opportunity must be created to enable the really backward to take full advantage of reservations
It indicates that the ultimate solution lies in measures aimed firmly at all round economic and social development
There is of course the danger that it engenders self denigration and backwardness may become a vested interest
The further real danger is not reservation but reservation without general all round social and economic development
The result of such reservation is that all the young men of merit belonging to the Scheduled Castes and Backward classes are literally gobbled up  by the civil services leaving very few educated young men of those classes to make their cause on the social economic and political fronts
The very constraints of office restrain those who have become civil servants from championing the cause of their brethern
There is also the historical truth that oppressed persons who improve their lot in an effort to forget an unhappy past often rush to join the elite and imitate their ways habits and thoughts
In the process they tend to forget their less fortunate brethern
Fazal Ali J expressed his satisfaction that the classification made by the Government by Rule 13AA was fully justified by article 16 of the Constitution He held that article 164 was not to be read in isolation or as an exception to Art 161 but was to be read as part and parcel of Art 161 and 2
Dealing with the question of the COCKADED excessive reservation he emphatically observed 428 This means that the reservation should be within A the permissible limits and should not be a cloak to till all the posts belonging to a particular class of citizens and thus violate article 161 of the Constitution indirectly
At the same time clause 4 of article 16 does not fix any limit on the power of the Government to make reservation
Since clause 4 is a part of article 16 of the Constitution it is manifest that the State cannot be allowed to indulge in excessive reservation so as to defeat the policy contained in article 161
As to what would be a suitable reservation within permissible limits will depend upon the facts and circumstances of each case and no hard and fast rule can be laid down nor can this matter be reduced to a mathematical formula so as to be adhered to in all cases
Decided cases of this Court have no doubt laid down that the percentage of reservation should not exceed 50 per cent
As t read the authorities this is however a rule of caution and does not exhaust all categories
Suppose for instance a State has a large number of back ward classes of citizens which constitute 80 per cent of the jobs for them can it be said that the percentage of reservation is bad and violates the permissible limits of clause 4 of article 16  The answer must necessarily be in the negative
The dominant object of this provision is to take steps to make inadequate representation adquate
 Fazal Ali J mext considered the validity of the carry forward  rule and upheld that rule also
He said that if in fact the carry forward rule was not allowed to be adopted it might result in inequality to the backward classes of citizen
Thus we see that all five judges who constituted the majority were clear that article 16 applied to all stages of the service of a civil servant from appointment to retirement including promotion
Four out of seven judges Ray CJ Beg Krishna Iyer and Fazal Ali JJ were also of the clear view that the so called fifty percent rule would apply to the total number of posts in the service and not to the number of posts filled up at different times on different occasions
The reservation in appointments made on any single occasion might well exceed 50 per cent
Four out of seven judges Ray CJ Mathew Krishna Iyer and Fazal Ali JJ further expressed the view that article 429 164 was not an exception to article 161 and it was merely an emphatic way of stating that reservation was one of the modes of A achieving equality for the backward class of citizens
In Akhil Bharativa Soshit Karamchari Sangh vs Union of India  Ors
l the Court had to consider the question of reservation of posts under the State in favour of Scheduled Castes and Scheduled Tribes and the carry forward rule
The reservation and the rule were upheld by the court
One of the arguments vigorously advanced was the usual plea that efficiency would suffer
Krishna Iyer J meeting the argument observed The sting of the argument against reservation is that it promotes inefficiency in administration by choosing sub standards candidates in preference to those with better mettle
Competitive skill is more relevant in higher posts especially those where selection is made by competitive examinations
Lesser classes of posts where promotion is secured mechanically by virtue of seniority except where the candidate is unfit
do not require a high degree of skill as in the case of selection posts
See 1968 I SCR p 721 at 734
It is obvious that as between selection and non selection posts the role of merit is functionally more relevant in the former than in the latter
And if in Rangachari reservation has been held valid in the case of selection posts such reservation in non selection posts is an afortiori case
If in selecting top officers you may reserve posts for SCST with lesser merit how can you rationally argue that for the posts of peons or lower division clerks reservation will spell calamity The part that efficiency plays is far more in the case of higher posts than in the appointments of the lower posts
On this approach Annexure K is beyond reproach Trite arguments about efficiency and inefficiency are a trifle phoney because after all at the higher levels the heartiness harijans girijan appointees are a microscopic percentage and even in the case of Classes III and II posts they are negligible
The preponderant majority coming from unreserved communities are presumably efficient and the dilution of efficiency caused by the minimal induction of 1 430 a small percentage of reserved  candidates cannot affect the over all administrative efficiency significantly
Indeed it will be gross exaggeration to visualise a collapse of the Administration because 5 to 10 per cent of the total number of officials in the various classes happen to be sub standard
Moreover care has been taken to give in service training and coaching to correct the deficiency
 While we agree that competitive skill is relevant in higher posts we do not think it is necessary to be apologetic about reservations in posts higher or lower so long as the minimum requirements are satisfied
On the other hand we have to be apologetic that there still exists a need for reservation
Earlier we extracted a passage from Tawney s Equality where he bemoaned how degrading it was for humanity to make much of their intellectual and moral superiority to each other
Krishna Iyer J Once again emphasised that article l 64 was one facet of the multi faceted character of the central concept of equality
One of us Chinnappa Reddy J in the same case explained how necessary it was to translate the constitutional guarantees given to the Scheduled Castes Scheduled Tribes and other backward classes in to reality by necessary State action to protect and nuture those classes of citizens so as to enable them to shake off the heart crushing burden of a thousand years  deprivation from their shoulders and to claim a fair proportion of participation in the administration
It was pointed out that article 164 in truth flowed out of article 161
It was said article 164 is not in the nature of an exception to article 161
It is a facet of article 161 which fosters and furthers the idea of equality of opportunity with special reference to an under privileged and deprived class of citizens to when egalite do droit formal or legal equality is not egalite de fait practical or factual equality
It is illustrative of what the State must do to wipe out the distinction between egalite de droit and egalite de fait It recognises that the right to equality of opportunity includes the right of the under privileged to conditions comparable to or compensatory of those enjoyed by the privileged Equality of opportunity must be such as to yield Equality of Results  and not that which simply enables people socially and economically better placed to win against the less fortunate even when the competition is itself otherwise equitable
John Rawls in A 431 Theory of Justice  demands the priority of equality in a distributive sense and the setting up of the Social System so that no one gains or loses from his arbitrary place in the distribution of natural assets or his own initial position in society without giving or receiving compensatory advantages in return
 His basic principle of social justice is All social primary goods liberty and opportunity income and wealth and the bases of self respect are to be distributed equally unless an unequal distribution of any or all these goods is to the advantage of the least favoured One of the essential elements of his conception of social justice is what he calls the principle of redress This is the principle that undeserved inequalities call for redress and since inequalities of birth and natural endowment are underserved these inequalities are somehow to be compensated for
Society must therefore treat more favorably those with fewer native assets and those born into less favorable social positions
 The statement that equality of opportunity must yield equality of results was the philosophical foundation of the fulfillment of article 161 in article 164
So we have now noticed the historical and sociological background of Class and Caste the philosophy the reason and the rhetoric behind reservation and anti reservation the Constitutional provisions and the varying judicial stances
What emerges from these three decades of Parliamentary Executive Judicial Political and practical wisdom Clearly there exist large sections of people who are socially and educationally backward who stand midway between the such as forward classes the landed the learned the priestly and the trading classes on the one side and the out caste and depressed classes ie the Scheduled Castes and the Scheduled Tribes on the other
Poverty Caste occupation and habitation are the principal factors which contribute to brand a class as socially backward
The customs which they honour and observe the rituals which they fear and practice the habits to which they adapt and conform the festivals which they enjoy and celebrate and even the Gods that they revere and worship are enlightening elements in recognising their social gradation and backwardness For instance it may be possible 432 to demonstrate that amongst very many classes castes or communities considered socially inferior Child marriage persists to this day despite the Child Marriage Restraint Act and the Hindu Marriage Act
Despite the wisdom of legal pandits and learned text books on Hindu Laws proclaiming that Saptapadi is essential to a vaid Hindu Marriage most of the socially inferior classes rarely follow the rule they have their own customs and rituals
Long before the Hindu Widows  Re marriage Act permitted widows to remarry long before the Hindu Marriage Act permitted divorce the custom of the several so called socially inferior classes or communities permitted re marriage of widows and divorce
The divorce was not by decree of a Court of Law but was granted by a Caste Panchayat
The Caste Panchayat divorce was impermissible and remarriage of widows was also impermissible among the socially superior classes who used to look down upon these customs as primitive
The socalled inferior classes did not and do not have recourse either to Purohits to perform marriages or the Courts to dissolve them
Dress habits also throw light while it is difficult to imagine persons belonging to upper caste or occupational groups going about their daily work bare lacked it is not an uncommon right to see persons belonging to lower caste or occupational groups so going about Work habits also given an indication
Women belonging to higher social groups would not generally care to serve in other people s homes or fields
Again children of lower social groups take to domestic and field work quite early in their lives
There are certainly good economic reasons for all these factors
As we said economic situation and social situation often reflect each others
We mentioned earlier that even the Gods that they worship give occasional clues
While the Hindu Gods proper Rama Krishna Siva etc are worshipped by all Hindus generally there are several local Gods and Goddesses in each village worshipped only by the inferior castes
In Andhra Pradesh for example in every village the socalled inferior castes worship the goddesses Sunkalamma Gangamma Polimeramma the Goddess guarding the village boundary Yellamma another Goddess guarding the vi11age limits
They celebrate Hindu festivals like Dasara Deepawali etc
but also other festivals in which the upper classes do not participate
There are many other customs rituals or habits of significance which if one only cares to study them mark out the socially back ward classes
The weight to be attached to these factors depends 433 upon the circumstances of the case which can only be revealed by thoughtful penetrating investigation and analysis
It cannot be done A by means of mathematical formulae but only by looking in the round or taking a look at the entire situation
Sometimes it may be possible to readily identify certain castes or social groups as a whole as socially forward or socially backward classes
Poverty of course is basic being the root cause as well as the rueful result of social and educational backwardness
But mere poverty it seems is not enough to invite the Constitutional branding because of the vast majority of the people of our country are poverty struck but some among them are socially and educationally forward and others backward
In a country like India where 80 of the people live below the bread line even the majority of the so called socially forward classes may be poor
For example no one will think of describing Brahmins anywhere in the land as socially and educationally backward however poor they might be
The idea that poor Brahmins may also be eligible for the benefits of Articles 154 and 164 is too grotesque even to be considered
Similarly no one can possibly claim that the patels of Gujarat the Kayasthas of Bengal the Reddys and Kammas of Andhra Pradesh are socially backward classes despite the fact that the majority of them may be poor farmers and agricultural laborers
In the rural social ladder they are indeed high up and despite the economic backwardness of sizeable sections of them they can not be branded as socially backward
On the other hand there are several castes or other social groups who have only to be named to be immediately identified as socially and economically backward classes identified as socially backward classes
Again illustrating from rural Andhra Pradesh one can easily identify caste groups such as Kommaras who traditionally carry on the occupation of black smiths Kummaris who traditionally carry on the occupation of potters Vadderas who traditionally carry on the occupation of Stone breaking Mangalis who traditionally carry on the occupation of Barbers and Besthas who traditionally carry on the occupation of Fisher folk etc
as backward classes by the mere mention of their castes
True a few members of those caste or social groups may have progressed far enough and forged ahead so as to compare favourably with the leading forward classes economically socially and educationally
In such cases perhaps an upper income ceiling would secure the benefit of reservation to such of those members of the class who really deserve it
But one is entitled to ask what is to happen to the poorer sections of the forward classes The State will have to and it is the duty of the State so to do to 434 discover other means of assisting them means other than reservations A under articles 154 and 164
All this only emphasises that in the ultimate analysis attainment of economic equality is the final and the only solution to the besetting problems
There is also one danger in adopting individual poverty as the criterion to identify a member of the backward classes which needs to be pointed out
How is one n to identify the individuals who are economically backward and therefore to be classified as socially and educationally backward Are all those who produce certificates from an official or a legislator or some other authority that their family incomes are less than a certain figure to be so classified It should be easy to visualise who will obtain such certificates Of course the rural elite the upper classes of the rural areas who don t pay any income tax because agricultural income is not taxed
Who will find it difficult or impossible to obtain such certificates Of course the truly lower classes who need them most Class poverty not individual poverty is therefore the primary test
Other ancillary tests are the way of life the standard of living the place in the social hierarchy the habits and customs etc etc
Despite individual exceptions it may be possible and easy to identify socially backwardness with reference to caste with reference to residence with reference to occupation or some other dominant feature
Notwithstanding our antipathy to caste and sub regionalism these are facts of life which cannot be wished away
If they reflect poverty which is the primary source of social and educational backwardness they must be recognised for what they are along with other less primary sources There is and there can be nothing wrong in recognising poverty wherever it is reflected as an identifiable group phenomena whether you see it as a caste group a sub regional group an occupational group or some other class
Once the relevant conditions are taken into consideration how and where to draw the line is a question for each State to consider since the economic and social conditions differ from area
Once the relevant conditions are taken into consideration and the backwardness of a class of people is determined it will not be for the court to interfere in the matter
But lest there be any misunderstanding judicial review will rot stand excluded 
SEN J
In view of the importance of the question involved would like to add a few words of my own
435 The real question raised is not of excessive reservation for the advancement of socially and educationally backward classes of citizens or for the Scheduled Castes and Scheduled Tribes under article 154 or for reservation of appointments or posts in favour of any backward classes of citizens under article 164 which in the opinion of the State is not adequately represented in the services under the State but the question is as to the identification of the socially and educationally backward classes of citizens for whose advancement the State may make special provisions under article 1 4 like those for the Scheduled Castes and Scheduled Tribes
Conceptually the making of special provisions for the advancement of backward classes of citizens under article 154 and the system of reservation of appointments or posts as envisaged by article 164 as guaranteed in the Constitution is a national commitment and a historical need to eradicate age old social disparities in our country
But unfortunately the policy of reservation hitherto formulated by the Government for the upliftment of such socially and educationally backward classes of citizens is caste oriented while the policy should be based on economic criteria
Then alone the element of caste in making such special provisions or reservations under articles 154 and 164 can be removed
At present only the privileged groups within the backward classes ie the forwards among the backward classes reap all the benefits of such reservation with the result that the lowest of the low are stricken with poverty and therefore socially and economically backward remain deprived though these constitutional provisions under articles 154 and 164 are meant for their advancement
After 37 years of attainment of independence it cannot be seriously disputed that poverty is the root cause of social and economic backwardness
The problem is about identification of the backward classes for whose benefit the State may make special provisions under article 154
Or for reservation of appointments or posts under article 164
In view of the widespread public unrest in the State of Madhya Pradesh and Gujarat in recent days the Government at the Centre must have a second look at the whole system of reservation
It is true that mere economic backwardness would not satisfy the test of educational and social backwardness under article IS4 but the question is as to the criteria to be adopted
Economic backwardness is only one of the tests to determine social and educational backwardness
If that test were to be the sole criterion of social and educational backwardness the reservation for the advancement of such classes to special treatment under article 154 would fail
436 In retrospect the answer to the question as to who are the A members of socially and educationally backward classes for whose advancement the State may make special provisions under article 154 still eludes us
Why should not the expression backward classes  be treated as synonymous with the weaker sections of the society Does the word class  denote a caste or sub caste among Hindus so far as Hindus are concerned or a section or a group so far as Muslim Christian or other religious communities and denomination are concerned In my considered opinion
the predominant and the only factor for making special provisions under article 154 or for reservations of posts and appointments under article 164 should be poverty and caste or a sub caste or a group should be used only for purposes of identification of persons comparable to Scheduled Castes or Scheduled Tribes till such members of backward classes attain a state of enlightment and there is eradication of poverty amongst them and they become equal partners in 8 new social order in our national life
In this context I must point out that the adequacy or otherwise of representation of the backward classes in the services has to be determined with reference to the percentage of that class in the population and the total strength of the service as a whole
The representation does not have to exactly correspond to the percentage of that class in the population it just to be adequate
Moreover in the case of services the extent of representation has to be considered by taking into account the number of members of that class in the service whether they are holding reserved or unreserved posts
I cannot overemphasize the need for a rational examination of the 17 whole question of reservation in the light of the observation made by us
The State should give due importance and effect to the dual constitutional mandates of maintenance of efficiency and the equality of opportunity for all persons
The nature and extent of reservations must be rational and reasonable
It may be and often is difficult for the Court to draw the line in advance which the State ought not to cross but it is never difficult for the Court to know that an invasion across the border however ill defined has taken place
The Courts have neither the expertise nor the sociological knowledge to define or lay down the criteria for determining what are socially and educationally backward classes of citizens  within the meaning of Art 154 which enables the State to make special provisions for the advancement  of such classes notwithstanding the command of article 152 that the State shall not discriminate against and citizens on the 437 ground only of religion race caste descent place of birth residence or any of them
article 340 provides for the appointment of a Commission to investigate the conditions of socially and educationally backward classes within the territory of India and the difficulties under which they labour and to make recommendations as to the steps that should be taken by the Union or any State to remove such difficulties and to improve their condition
The state of backwardness of any class of citizens is a fact situation which needs investigation and determination by a fact finding body which has the expertise and the machinery for collecting relevant data
The Constitution has provided for the appointment of such a Commission for Backward Classes by the President under article 340 to make recommendations and left it to the State to make special provisions for the advancement of such backward classes
The Court is ill equipped to perform the task of determining whether a class of citizens is socially and educationally backward
This Court has however a duty to interpret the Constitution and to see what it means and intends when it makes provision for the advancement of socially and educationally back ward classes
In considering this situation then we must never forget that it is the Constitution we are expounding
Except for this the Court has very little or no function
Questions as to the validity or otherwise of reservations have been agitated several times before this Court and resolved
The frequency and vigour with which these questions are raised is a disturbing indication of the tension and unease in society in regard to the manner in which article 154 and article 164 are operated by the State
The Preamble to our Constitution shows the nation s resolve to secure to all its citizens Justice Social economic and political
The State s objective of bringing about and maintaining social justice must be achieved reasonably having regard to the interests of all
Irrational and unreasonable moves by the State will slowly but surely tear apart the fabric of society
It is primarily the duty and function of the State to inject moderation into the decisions taken under articles 154 and 164 because justice lives in the hearts of men and growing sense of injustice and reverse discrimination fuelled by unwise State action will destroy not advance social justice
If the State contravenes the constitutional mandates of article 161 and article 335 this Court will of course have to perform its duty
The extent of reservation under article 154 and article 164 must necessarily vary from State to State and from region to region within 438 a State depending upon the conditions prevailing in a particular A State or region of the Backward Classes
r do feel that the Central Government should consider the feasibility of appointing a permanent National Commission for Backward Classes which must constantly carry out sociological and economic study from State to State and from region to region within a State
The framers of the Constitution by enacting article 340 clearly envisaged the setting up of such a high powered National Commission for Backward classes at the Centre
These problems can never be resolved through litigation in the Courts
I wish to add that the doctrine of protective discrimination embodied in articles 154 and 164 and the mandate of article 292 cannot be stretched beyond a particular limit
The State exists to serve its people
There are some services where expertise and skill are of the essence
For example a hospital run by the State serves the ailing members of the public who need medical aid
Medical services directly affect and deal with the health and life of the populace
Professional expertise term of knowledge and experience of a high degree of technical knowledge and operational skill is required of pilots and aviation engineers
The lives of citizens depend on such persons
There are other similar fields of governmental activity where professional technological scientific or other special skill is called for
In such services or posts under the Union or States we think there can be no room for reservation of posts merit alone must be the sole and decisive consideration for appointments
Reasons for this decision will follow
VENKATARAMIAH J
The constitutional validity of certain Government orders issued by the Government of the State of Karnataka making provisions for reservation of some seats in technical institutions and some posts in the Government services respectively under Article 154 and Article 164 of the Constitution of India for being filled up by students candidates as the case may be belonging to certain castes tribes and communities which in the opinion of the State Government constituted backward classes other than the Scheduled Castes and the Scheduled Tribes is questioned in these petitions
The questions involved in these cases fare delicate ones and have therefore to be tackled with great caution
The issues raised here and the decision rendered on them are bound to have a great 439 impact on society
They are indeed highly sensitive issues
A superficial approach to the problem has therefore to be avoided
A The questions have to be tackled with sympathy for persons who are really in need of the benign assistance at the hands of the State and with due regard to the interests of the general public
India s vast and unparalleled experiment with protective  or compensatory  discrimination in favour of backward sections  of her population betokens a generosity and farsightedness that are rare among nations
The operation of such a preferential principle involves formidable burdens of policy making and administration in a developing nation
It also places upon the judiciary tasks of great complexity and delicacy
The courts must guard against abuses of the preferential principle while at the same time insuring that the government has sufficient leeway to devise effective use of the broad powers which the Constitution places at its disposal
These are the wise words of Marc Galanter a member of the faculty on social Sciences University of Chicago who has made a special study of the problem of the Indian backward classes
The very fact that the governmental agencies and above all the courts have been obliged to examine the constitutional principles in the light of the egalitarian pressures has in its turn opened up hardly foreseen complexities that had lain buried in the doctrine of equality 
The society which cherishes the ideal of equality has to define the meaning and content of the concept of equality and the choices open to it to bring about an egalitarian society would always be political
But the courts have been forced to scrutinise a variety of choices while the society for which they have to answer has been issuing a proliferation of demands
What is coming about in short is a transformation of consciousness which is tinged with sensations of in justice and exploitation 
Many inequalities in the past seemed almost to have been part of the order of nature The categories of equality can thus in a sense be seen to correspond to levels of awareness
Perhaps not all inequalities can ever be rectified and it is certain that some can be rectified only by creating new inequalities and new grievances
It is this that has made the judiciary the fulcrum of such continuous tension for it is the judiciary and above all the Supreme Court which has the duty of mediating these conflicting demands back to society through the prism of constitutional interpretation 
The courts however deal with the problems that society presents Levels of awareness and corresponding senses of grievance have arisen at different times for particular historical reasons often tend 440 ing to differentiate among the categories of equality rather than unifying them
Inequalities of class race religion and sex have presented themselves at different periods as primary grievances 
Equality of opportunity revolves around two dominant principles 1 the traditional value of equality of opportunity and 2 the newly appreciated not newly conceived idea of equality of results Social justice may demand and political interests may make expedient a policy of correction in favour of individual members of minorities or communities
But at this point whenever any action was taken the principle of individual equality of opportunity lost its direction
Such affirmative action played off not one individual of one group against another of another group but the present against the past
In past many privileged persons of mediocre ability had benefited from the indulgence of a system that unquestionably biased in favour of higher castes  Individual aspirations claim the protection of society s rules
But they are not always in harmony and sometimes conflict with the same society s broad interest in achieving certain kinds of racial or group balance  But rectification of imbalance also sometimes tends towards inequality Societies do not work on absolute rationality excess of rationality often tends to dehumanise human relations 
The courts are also reminded that for those who are suffering from deprivation of inalienable rights gradualism can never be a sufficient remedy because as Ralph Buoche observed inalienable rights cannot be enjoyed posthumously 
Ours is a struggle for status a struggle to take democracy off parchment and give it life  Social injustice always balances its books with red ink 
Neither the caprice of personal taste nor the protection of vested interests can be stand as reasons for restricting opportunities of any appropriately qualified person
These are the considerations which sometimes may be conflicting that should weigh with the courts dealing with cases arising out of the doctrine of equality
It should however be remembered that the courts by themselves are not in a position to bring the concept of equality into fruitful action
They should be supported by the will of the people of the Government and of the legislators
There should be an emergence of united action on the part of all segments of human society
This is not all
Mere will to bring about equality under the existing economic level might worsen the situation
There should be at the same time a united action to increase the national resources so that the operation of equality will be less burdensome 441 and every member of the society is carried to a higher social and economic level leaving nobody below a minimum which guarantees all the basic human needs to every member of the society
If there is no united action the pronouncements by courts would become empty words as many of the high principles adumberated in the chapter on the Directive Principles of State Policy in the Constitution have turned out to be owing to several factors which need not be detailed here
We shall proceed to consider this case against this background
In this case the Court is called upon to resolve the conflict between the meritarian principle and the compensatory principle  in the matter of admissions into institutions imparting higher education and of entry into Government service in the State of Karnataka
All the contestants depend upon one or the other clauses of the Constitution in support of their case
Hence the problem is rendered more difficult
Those who argue in support of merit contend that the State should remove all man made obstacles which are in the way of an Individual and allow him to attain his goal in an atmosphere of free competition relying upon his own natural skill and intelligence
Those who argue for compensatory principle contend that in order that the competition may be fair and not just free  it is the duty of the State to take note of the unequal situation of the individuals concerned which has led to unequal capacities amongst them and to reduce the rigours of free competition which may unless looked into by the State lead to perpetual denial of equality of opportunity to the weak and the neglected sections of society
This argument is based on the well founded assumption that unequal conditions of cultural life at home cause unequal cultural development of children belonging to different strata of society
The need for social action is necessitated by the environment factors and living conditions of the individuals concerned
The application of the principle of individual merit unmitigated by other considerations may quite often lead to inhuman results
The following illustration given by Bernard Williams establishes the above statement Suppose that in a certain society great prestige is attached to membership of a warrior class the duties of which require great physical strength
This class has in the past been recruited from certain wealthy families 442 only  but egalitarian reforms achieve a change in the rules by which warriors are recruited from all sections of the society on the results of a suitable competition The effect of this however is that the wealthy families still provide virtually all the warriors because the rest of the populage is so under nourished by reason of poverty that their physical strength is inferior to that of the weal thy and well no nourished
The reformers protest that equality of opportunity has not really been achieved the wealthy reply that in fact it has and that the poor now have the opportunity of becoming warriors it is just bad luck that their characteristics are such that they do not pass the test We are not  they might say excluding anyone for being poor we exclude people for being weak and it is unfortunate that those who are poor are also weak  This answer would seem to most people feeble and even cynical This is for reasons similar to those discused before in connection with equality before the law that the supposed equality of opportunity is quite empty indeed one may say any that it does not really exist unless it is made more effective than this
For one knows that it could be made more effective one knows that there is a casual connection between being poor and being under nourished and between being undernourished and being physically weak
One suppose further that something could be done subject to whatever economic conditions obtain in the imagined society to alter the distribution of wealth
All this being so the appeal by the wealthy to the bad luck  of the poor must appear as disingenuous
 The former princely State of Mysore which now forms part of the State of Karnataka is one of the earliest States in the country in which the system of reservation for backward classes in public ser vices was introduced
In 1918 the Government of His Highness the Maharaja of Mysore appointed a committee under the chairmanship of Sir Leslie C Miller Chief Justice of the Chief Court of Mysore to investigate and report on the problem of backward classes
The questions referred to that Committee were i changes needed in the then existing rules of recruitment to public services ii special 443 facilities to encourage higher and professional education among the members of backward classes and iii any other special measures which might be taken to increase the representation of backward communities in the public services without materially affecting the efficiency due regard being paid also to the general good accruing to the State by a wider diffusion of education and feeling of increased status which will thereby be produced in the backward communities
It is significant that the expression backward classes  and backward communities  were used almost interchangeably and that the idea contained in Article 335 of the Constitution that any reservation made should not impair efficiency was anticipated more than three decades before the Constitution was enacted
The Committee submitted its report in 1921 containing its opinion that all communities in the State other than Brahmins should be understood as backward communities regarding whom it made certain recommendations
The Government orders issued on the basis of that Report continued to be in force till 1956 ie the reorganisation of States which brought together five integrating units the former State of Maysore including Bellary District Coorg four districts of Bombay certain portions of the State of Hyderabad and the district of South Kanara and the Kollegal Taluk which formerly formed part of the State of Madras
There were different lists of backward communities in the five integrating units and they were allowed to continue for sometime even after the reorganisation of States In order to bring about uniformity the State Government issued a notification containing the list of backward classes for the purpose of Article 154 of the Constitution at the beginning of 1959
The validity of that notification and of another notification issued thereafter on the same topic which according to the State Government had treated all persons except Brahmins
Banias and Kayasthas as backward communities was challenged before the High Court of Mysore in Rama Krishna Singh vs State of Maysorel The two notifications were struck down by the HighCourt
The High Court held that inasmuch as the impugned notifications contained a list of backward classes including 95 of the population of the State and all Hindu communities other than Brahmins Banias and Kayasthas and all other non Hindu communities in the State except Anglo Indians and Parsees had been treated as backward classes it resulted more in a discrimination against the few excluded communities consisting of about 5 of the total population rather than making provision for socially and 1 AIR 1960 Mys
444 educationally backward classes
The High Court held that making A provision for communities which were slightly backward to the so called forward communities did not amount to making provision for the communities which really needed protection under Article 154 of the Constitution
The argument of the petitioners in that case that socially and educationally backward classes can in no case be determined on the basis of caste was however rejected
After the above decision was rendered by the High Court the State Government constituted a Committee OD January 8 1960 under the Chairmanship of Dr R Nagan Gowda for the purpose of determining the criteria for the classification of backward classes in the State with the following terms of reference  I to suggest the criteria to be adopted in determining which sections of the people in the State should be treated as socially and educationally backward and 2 to suggest the exact manner in which the criteria thus indicated should be followed to enable the State Government to determine the persons who should secure such preference as may be determined by Government in respect of admissions to technical institutions and appointment to Government services
The said committee submitted its Interim Report on February 19 1960
On the basis of the Interim Report of the Committee the State Government passed an order dated June 9 1960 regarding admissions to professional and technical institutions reserving 22 of seats for backward classes 15 for Scheduled Castes and 2 for Scheduled Tribes and the remaining 60 of seats were allowed to be filled upon the basis of merit
The above Government order was challenged before the High Court of Mysore in SA Partha  Ors
vs The State of Mysore  Orsl The High Court found that the direction contained in the Government order to the effect that if any seat or seats reserved for candidates belonging to the Scheduled Castes and Scheduled Tribes remained unfilled the same shall be filled by candidates of other backward classes was unconstitutional
It also gave some directions regarding the manner in which the calculation of the quota of reservation should be made
Thereafter the Final Report was submitted by the Nagan Gowda Committee on May 16 1961 After taking into consideration the recommendations made in the said Report the State Government issued an order for the purpose of Article 15 4 of the Constitution on July 10 1961
By that order the State Government specified 81 classes of people as backward classes and 13 S classes of people as more backward classes and reserved 30 of 1 AIR 1961 Mys
445 seats in the professional and technical institutions for backward and more backward classes
15 and 3 of the seats were reserved for Scheduled Castes and Scheduled Tribes respectively and the remaining 52 of the seats were allowed to be filled up on merit
The above order was superseded by a fresh Government order made on July 31 1962 for the purpose of Article 15 4
By this new order 28 of the seats were reserved for the backward classes 22 for the more backward classes 15 per cent for the Scheduled Castes and 3 per cent for the Scheduled Tribes
Thus 68 per cent of the seats were reserved under Article 15 4 of the Constitution and only 32 per cent of the seats became available for being filled up on the basis of merit
This order was challenged before this Court under Article 32 of the Constitution in MR Balaji and Ors
vs State of Mysore1 In the decision rendered in that case which is considered to be land mark in the constitutional pronouncement made by this Court Gajendragadkar J as he then was explained the meaning of the term socially and educationally backward classes  appearing in Article 15 4 of the Constitution at pages 459 461 thus The backwardness under article 15 4 must be social and educational
It is not either social or educational but it is both social and educational and that takes us to the question as to how social and educational backwardness has to be determined
Let us take the question of social backwardness first
By what test should it be decided whether a particular class is socially backward or not  The group of citizens to whom Article 15 4 applies are described as classes of citizens  not as castes of citizens
A class according to the dictionary meaning shows division of society according to status rank or caste
In the Hindu social structure caste unfortunately plays an important part in determining the status of the citizen
Though according to sociologists and Vedic scholars the caste system may have originally begun on occupational or functional basis in course of time it became rigid and inflexible
The history of the growth of caste system shows that its original functional and occupational basis was later over burdened with considerations of purity based on ritual 1 1963 Supp
SCR 439 446 concepts and that led to its ramifications which introduced inflexibility and rigidity
This artificial growth inevitably tended to create a feeling of superiority and inferiority and to foster narrow caste loyalties
Therefore in dealing with the question as to whether any class of citizens is socially backward or not it may not be 13 irrelevant to consider the caste of the said group of citizens
In this connection it is however necessary to bear in mind that the special provision is contemplated for classes of citizens and not for individual citizens as such and so though the caste of the group of citizens may be relevant its importance should not be exaggerated
If the classification of backward classes of citizens was based solely on the caste of the citizen it may not always be logical and may perhaps contain the vice of perpetuating the castes themselves
Besides if the caste of the group of citizens was made the sole basis for determining the social backwardness of the said group that test would inevitably break down in relation to many sections of Indian Society which do not recognise castes in the conventional sense known to Hindu Society
How is one going to decide whether Muslims Christians or Jains or even Lingayats are socially backward or not  The test of castes would be inapplicable to those groups but that would hardly justify the exclusion of these groups in to from the operation of article 15 4
It is not unlikely that in some States some Muslims or Christians or Jains forming groups may be socially backward
That is why we think that though castes in relation to Hindus may be a relevant factor to consider in determining the social backwardness of groups or classes of citizens it cannot be made the sole or the dominant test in that behalf
Social backwardness is on the ultimate analysis the result of poverty to a very large extent
The classes of citizens who are deplorably poor automatically became socially backward
They do not enjoy a status in society and have therefore to be content to take a backward seat
It is true that social backwardness which results from poverty is likely lo be aggravated by considerations of caste to which the poor citizens may belong but that 447 only shows the relevance of both caste and poverty in determining the backwardness of citizens
A The occupations of citizens may also contribute to make classes of citizens Socially backward
There are some occupations which are treated as inferior according to conventional beliefs and classes of citizens who follow these occupations are apt to become socially backward
The place of habitation also plays not a minor part in determining the backwardness of a community of persons
In a sense the problem of social backwardness is the problem of Rural India and in that behalf classes of citizens occupying a socially backward position in rural area fall within the purview of article 15 4 The problem of determining who are socially backward classes is undoubtedly very compleat Sociological social and economic considerations come into play in solving the problem and evolving proper criteria for determining which classes are socially backward is obviously a very difficult task it will need an elaborate investigation and collection of data and examining the said data in a rational and scientific way
That is the function of the State which purports to act under Art 15 4
All that this Court is called upon to do in dealing which the present petitions is to decide whether the tests applied by the impugned order are valid under article 15 4
If it appears that the test applied by the order in that behalf is improper and invalid then the classification of socially back ward classes based on that test will have to be held to be inconsistent with the requirements of article 15 4
 Dealing with the question of determination of the classes which were educationally backward Gajendragadkar J as he then was observed in the same case at pages 463 464 thus It may be conceded that in determining the educational backwardness of a class of citizens the literacy test supplied by the Census Reports may not be adequate but it is doubtful if the test of the average of student population in the last three High School classes is appropriate in determining the educational backwardness
Having regard to the fact that the test is intended to determine who are educationally backward classes it may 448 not be necessary or proper to put the test as high as has been done by the Committee
But even assuming that the test applied is rational and permissible under article 15 4 the question still remains as to whether it would be legitimate to treat castes or communities which are just below the State average as educationally backward classes
If the State average is 69 per thousand a community which satisfies the said test or is just below the said test cannot be regarded as backward
It is only communities which are well below the State average that can properly be regarded as educationally backward classes of citizens
Classes of citizens whose average of student population works below 50 per cent of the State average are obviously educationally backward classes of citizens
Therefore in our opinion the State was not justified in including in the list of Backward Classes castes or communities whose average of student population per thousand was slightly above or very near or just below the State average underlining by us Applying the above rule the Court held that the inclusion of members of the Lingayat community in the list of backward classes was erroneous
On the question of extent of reservation that can be made this Court observed in the aforesaid case at pages 469 471 thus The learned Advocate General has suggested that reservation of a large number of seats for the weaker sections of the society would not affect either the depth or efficiency of scholarship at all and in support of this argument he has relied on the observations made by the Backward Classes Commission that it found no complaint in the States of Madras Andhra Travancore Cochin and Mysore where the system of recruiting candidates from other Backward Classes to the reserve quota has been in vogue for several decades
The Committee further observed that the representatives of the upper classes did not complain about any lack of efficiency in the offices recruited by reservation p 135
This opinion however is plainly inconsistent with what is bound to be the inevitable consequence of reservation in higher university education
If admission to professional and technical colleges is unduly liberalist it would be idle to contend 449 that the quality of our graduates will not suffer
That is not to say that reservation should not be adopted A reservation should and must be adopted to advance the prospects of the weaker sections of society but in providing for special measures in that behalf care should be taken not to exclude admission to higher educational centres to deserving and qualified candidates of other communities
A special provision contemplated by article 15 4 like reservation of posts and appointments contemplated by article 16 4 must be within reasonable limits
The interests of weaker sections of society which are a first charge on the States and the Center have to be adjusted with the interests of the community as a whole
The adjustment of these competing claims is undoubtedly a difficult matter but if under the guise of making a special provision a State reserves practically all tho seats available in all the colleges that clearly would be subverting the object of article 15 4
In this matter again we are reluctant to say definitely what would be a proper provision to make
Speaking generally and in a broad way a special provision should be less than 50 per cent how much less than 50 per cent would depend upon the relevant prevailing circumstances in each case
In this particular case it is remarkable that when the State issued its order on July 10 1961 it emphatically expressed its opinion that the reservation of 68 per cent recommended by the Nagging Gowada Committee would not be in the larger interests of the State
What happened between July 10 1961 and July 31 1962 does not appear on the record
But the State changed its mind and adopted the recommendation of the Committee ignoring its earlier decision that the said recommendation was contrary to the larger interests of the State
In our opinion when the State makes a special provision for the advancement of the weaker sections of society specified in article 15 4 it has to approach its task objectively and in a rational manner
Undoubtedly it has to take reasonable and even generous steps to help the advancement of weaker elements the extent of the problem must be weighed the requirements of the community at large must be borne in mind and a formula must be evolved which would strike a reasonable balance between the several relevant considerations
Therefore 450 we are satisfied that the reservation of 68 per cent directed by the impugned order is plainly inconsistent with article 15 4
 Emphasis added The petition was thus allowed by this Court
Then came the Government order dated July 26 1963 which directed that 30 per cent of the seats in professional and technical colleges and institutions should be reserved for backward classes as defined in that order and that 18 per cent of the seats should be reserved for the Scheduled Castes and Scheduled Tribes
The criteria laid down in that order for determining social and economic backwardness were two fold income and occupation
It stated that those who followed occupations of agriculture petty business inferior service crafts or other occupations involving manual labour and whose family income was less than Rs 12001 per annum were to be treated as belonging to backward classes
This order was questioned before the High Court in G Viswanath vs Govt
of Mysore and Orsl by some petitioners on various grounds
While dismissing the said petitions the High Court observed that the determination of the backward classes without reference to caste altogether was not correct and it expressed the hope that the State would make a more appropriate classification lest its bonafides should be questioned
In the appeal filed against this judgment in R Chitralekha and Anr
vs State of Mysore and Ors
2 the correctness of the above observation was questioned
Dealing with that question Subba Rao J as he then was who spoke for the majority said that the observations of the High Court referred to above were inconsistent with the decision in Balaji s case supra
After referring to the relevant observations made by this Court in Balaji  case supra Subba Rao J as he then was observed at pages 386 387 thus Two principles stand out prominently from the said observations namely i the caste of a group of citizens may be a relevant circumstance in ascertaining their social backwardness and ii though it is a relevant factor to determine the social backwardness of a class of citizens it cannot be the sole or dominant test in that behalf
1 AIR 1964 Mys 132
2  451 The observations extracted in the judgment of the High Court appear to be in conflict with the observations Of A this Court
While this Court said that caste is only a relevant circumstance and that it cannot be the dominant test in ascertaining the backwardness of a class of citizens the High Court said that it is an important basis in determining the class of backward Hindus and that the Government should have adopted caste as one of the tests As the said observations made by the High Court may lead to some confusion in the mind of the authority concerned who may be entrusted with the duty of prescribing the rules for ascertaining the backwardness of classes of citizens within the meaning of article 15 4 of the Constitution we would hasten to make it clear that caste is only a relevant circumstance in ascertaining the backwardness of a class and there is nothing in the judgment of this Court which precludes the authority concerned from determining the social backwardness of a group of citizens if it can do so without reference to caste
While this Court has not excluded caste from ascertaining the backwardness of a class of citizens it has not made it one of the compelling circumstances according a basis for the ascertainment of backwardness of a class
To put it differently the authority concerned may take caste into consideration in ascertaining the backwardness of a group of persons but if it does not its order will not be bad on that account if it can ascertain the backwardness of a group of persons on the basis of other relevant criteria Underlining by us Proceeding further Subba Rao J as he then was observed at pages 388 389 thus The important factor to be noticed in article 54 is that it does not speak of castes but only speaks Or classes
If the makers of the Constitution intended to take castes also as units of social and educational backwardness they would have said so as they have said in the case of the Scheduled Castes and the Scheduled Tribes
Though it may be suggested that the wider expression classes is used in cl
4 of article 15 as there are communities without castes if take intention was to equate classes with castes 452 nothing prevented the marks of the Constitution from A using the empression backwarded classes or castes
The juxtaposition of the expression backward classes and Scheduled Castes in article 154 leads to a reasonable inference that the empression classes is not synonymous with castes
It may be that for ascertaining whether a particular citizen or a group of citizens belong to a backward class or not his or their caste may have some relevance but it can not be either the sole or the dominant criterion for ascertaining the class to which he or they belong
This interpretation will carry out the intention of the Constitution expressed in the aforesaid Articles
It helps the really backward classes instead or promoting the interests of individuals or groups who though they belong to a particular caste a majority whereof is socially and educationally backward really belong to a class which is socially and educationally advanced
To illustrate take a caste in a State which is numerically the largest therein
It may be that though a majority of the people in that caste are socially and educationally backward an effective minority may be socially and educationally far more advanced than another small sub caste the total number of which is far less then the said minority
If we interpret the empression classes as castes the object of the Constitution will be frustrated and the people who do not deserve any adventitious aid may get it to the exclusion of those who really deserve
This anomally will not arise if without equating caste with class caste is taken as only one of the considerations to ascertain whether a person belongs to a backward class or not
On the other hand if the entire sub caste by and large is backward it may be included in the Scheduled Castes by following the appropriate procedure laid down by the Constitution
In 1972 tho State Government appointed the Karnataka Backward Classes Commission under the chairmanship of Shri L G Havanur which after an elaborate enquiry submitted its Report on November 19 1975 in four massive volumes the first volume containing two parts
rt is stated that the commission counted a socio economic survey of 378 villages and towncity blocks in their entirety covering more than 355000 individuals belonging to 453 171 castes and communities with the help of more than 425 investigators and supervisors
About 365 witnesses were examined by A the Commission
The Report of the Commission is full of tabular statements and it refer to a number of writings by sociologists demographers jurists and persons will versed in social sciences
The work of the Commission deserves to be commended as such an extensive investigation into the conditions of backward classes had not been conducted in the State so far Perhaps till than in no other part of India such on elaborate investigation had been carried out with reference to so many minute details
The commission recommended that persons belonging to backward classes for purpose of Article 154 of the Constitution should be divided into three groups a backward communities consisting of 15 castes b backward castes consisting of 128 castes and c backward tribes consisting of 62 tribes
For purposes Or Article 164 of the Constitution the Commission divided the backward classes into a backward communities consisting of 9 castes
b backward castes consisting of 115 castes and c backward tribes consisting of 61 tribes
According to the Commission backward communities were those castes whose student average of students passing section section L C examination in 1972 per thousand of population was below the State average which was 169 per thousand but above 50 per cent of the State average and backward castes and backward tribes were those castes and tribes whose student average was below 50 per sent of the State average except in the case of Dombars and Voddars and those who were Nomadic and de notified tribes
The total population of these backward classes other then Scheduled Castes and Scheduled Tribes according to the Commission was about 45 per cent of the total population of the State
The difference between the two lists one under Article 154 and the other under Article 164 of the Constitution was due to the exclusion of certain communities castes and tribes which were socially and educationally backward but which had adequate representation in the services from the list prepared for the purpose of Article 164
The Commission recommended both for purpose of Article 154 and Article 16 4 the following percentage of reservations i Backward communities 16 percent ii Backward castes 10 percent iii Backward tribes 6 percent Total 32 percent 454 The above reservation of 32 per cent along with 18 per cent reserved for Scheduled Castes and Scheduled Tribes together amounted to 50 per cent of the total seats or posts as the case may be
The Commission further recommended that if seatsposts remained unfilled in the quota allotted to backward tribes they should be made over to backward communities and backward castes
Similarly if seatsposts remain unfilled in the quota allotted to backward castes they should be made over to backward communities and backward tribes
If however seatsposts remain unfilled in the quota allotted to any of those three categories they should be made over to Scheduled Castes and Scheduled Tribes
In the event of seatsposts remaining unfilled by any of these categories they should be transferred to the general pool
After considering the Report of the Backward Classes Commission the State Government issued an order dated February 22 1977 the material part of which read as follows 1 After careful consideration of the various recommendations made by the Commission Government are pleased to direct as follows I The Backward Communities Backward Castes and Backward Tribes as mentioned in the list appended to this Order shall be treated as Backward Classes for purposes of Article 154 and Article 164 of the Constitution of India
Only such citizens of these Backward Classes whose family income per annum from all sources is Rs 8000  Rupees eight thousand only and below shall be entitled to special treatment under these Articles
The following five categories of citizens shall be considered as a special group and such citizens of this Special Group whose family income is Rs 4800 Rupees Four Thousand eight Hundred only and below per annum shall be eligible for special treatment under these Articles i an actual cultivator ii an artisan iii a petty businessman 455 iv one holding an appointment either in Government service or corresponding services under A private employment including casual labour and v any person self employed or engaged in any occupation involving manual labour
Note  Family income under sub paras I and II above means income of the citizen and his parents and if either of the Parents is dead his legal guardian
To fix the reservation for purposes of Articles  54 and 164 of the Constitution in respect of the Backward Classes and the Special Group of citizens at 40 per cent the allocation being as follows a Backward Communities 20 twenty per cent b Backward Castes 10 ten per cent c Backward Tribes 5five per cent d Special Group 5five per cent E In the list of Backward communities mentioned in the Government order the State Government included Muslims  thus making a total of 16 backward communities In the list of backward castes there were 129 castes including converts into Christianity from Scheduled CastesScheduled Tribes up to second generation and 62 Schedules Tribes
The reservation for backward classes was 40 per cent and taken along with 18 per cent for Scheduled Castes and Scheduled Tribes the total reservation of seatsposts came to 58 per cent leaving only 42 per cent for merit pool
By an order dated May 1 1979 the reservation for backward communities was reduced to 18 per cent for purposes of Article 164
By an order dated June 27 1979 the State Government modified the Government order dated February 22 1977 by increasing the reservation for Special Group  from 5 per cent to 15 per cent both for purposes of Article 154 and Article 164 of the Constitution
Thus as on date the total reservation for purposes of Article 154 in 68 per cent and tor purposes of Article 164 is 66 per cent
There are only 32 per 456 cent seats in professional and technical colleges and 34 per cent posts in Government services which can be filled up on the basis of merits
In these writ petitions filed under Article 32 of the Constitution the above Government orders dated February 22 1977 as modified by the Government orders dated May 1 1979 and June 27 1979 are challenged
It should be stated here that the Government orders dated February 22 1977 and another notification dated March 4 1977 issued for purposes of Article 164 had also been challenged in a number of writ petitions filed under Article 226 of the Constitution before the High Court of Karnataka in SC Somashekarappa  Ors
vs State of Karnataka  Orsl The High Court allowed the writ petitions in part
It quashed the inclusion of Arasu  community in the list of Backward Communities  both for purposes of Article 154 and Article 164
It also quashed inclusion of the i Balajiii Devadiga iii Gangia iv Nayiada v Rajput and vi Satani in the list of backward communities and the inclusion of 1 Banha 2 Gurkha 3 Jat 4 Konga 5 Kotari 6 Koyava 7 Malayali  Maniyanani or Muniyani 9 Padarti  10 Padiyar 11 Pandavakulam 12 Raval and 13 Rawat in the list of Backward Castes for purposes of Article 164 of the Constitution
Reservation of 20 per cent made for Backward Communities in the State Civil Services under Article 164 was quashed reserving liberty to the State Government to determine the extent of reservation in accordance with law
The classification and reservation in other respects was upheld
SLP Civil No 6656 of 1979 is filed against the said judgment of the High Court under Article  36 of the Constitution
The two Government orders dated May 1 1979 and June 27 1979 referred to above modifying the earlier Government orders were passed after the judgment of the High Court was pronounced as stated above
Volumes have been written on the caste system prevailing in India
The caste varna has its origin in antiquity
We find reference to it in the vedic lore and in the great epics in the Smritis and in the Puranas
Purusha Sukta refers to the prevalence of the four Varnas caste See Rig Veda X 90 12
The Lord says in the 1 Writ Petition No 4371 of 1977 and connected writ petitions disposed of on April 9 1979
457 Bhagavadgita lV 13 that the fourfold caste was created by him by the varying distribution of guna and karma
Varna Dharma is extold in many ancient treaties
However laudable the division of society into different castes at the commencement might have been during the several centuries that followed these castes became petrified making mobility from one caste to another almost impossible
The caste of a person was known by his birth
There arose in course of time a social hierarchy built upon the caste system
The stigma of low caste was attached to a person during his whole life with all the attendant disadvantages
Karua the tragic hero of the Mahabharata though born of a Kshatriya princess had to suffer ignominy during his entire life time as he came to be known as the son of a charioteer Suta belonging to a low caste
He was made to say I may be a charioteer or a charioteer s son
I may be anybody
What does it matter  Being born in a high caste is God s will but valour belongs to me  See Veni Samhara by Bhatta Narayana
There were many sub castes of different degrees in the hierarchy
Some were even treated as untouchables
People of low castes became socially backward and they in their turn neglected studies
Thus they became socially and educationally backward
This part of the Indian history is dismal indeed
A page of history is worth a volume of logic
We are aware of the meanings of the words caste race or tribe or religious minorities in India
A caste is an association of families which practice the custom of endogamy ie which permits marriages amongst the member
belonging to such families only
Caste rules prohibit its members from marrying outside their caste
There are subgroups amongst the castes which sometimes inter marry and sometimes do not
A caste is based on various factors sometimes it may be a class a race or a racial unit
A caste has nothing to do with wealth
The caste of a person is governed by his birth in a family
Certain ideas of ceremonial purity are peculiar to each caste
Sometimes caste practices even led to segregation of same castes in the villages Even the choice of occupation of members of castes was predetermined in many cases and the members of a particular caste were prohibited from engaging themselves in other types of callings professions or occupations Certain occupations were considered to be degrading or impure
A certain amount of rigidity developed in several matters and many who 458 belonged to castes which were lower in social order were made to A suffer many restrictions privations and humiliations
Untouchability was practised against members belonging to certain castes
Inter dining was prohibited in some cases
None of these rules governing a caste had anything to do with either the individual merit of a person or his capacity
The wealth owned by him would not save him from many social discriminations practised by members belonging to higher castes
Children who grew in this caste ridden atmosphere naturally suffered from many social disadvantages apart from the denial of opportunity to live in the same kind of environment in which persons of higher castes lived
Many social reformers have tried in the last two centuries to remove the stigma of caste from which people born in lower castes were suffering
Many laws were also passed prohibiting some of the inhuman caste practices
Article 15 2 of the Constitution provides that no citizen shall on grounds only of religion race caste sex place of birth or any of them be subject to any disability liability restriction or condition with regard to a access to shops public restaurants hotels and places of public entertainment or b use of wells tanks bathing ghats roads and places of public resort maintained wholly or partly out of State funds or dedicated to the use of the general public
Article 16 2 declared that no person shall be ineligible to hold any civil post on grounds of religion race caste or descent
Article 17 abolished untouchability  and its practice in any form
Yet the disadvantages from which many of the persons who belonged to various lower castes were suffering are still persisting notwithstanding the fact that some of them have progressed economically
socially and educationally
Pandit Jawaharlal Nehru writes on the social problems created by tho caste system which is peculiar to India in those terms The conception and practice of caste embodied the aristocratic ideal and was obviously opposed to democratic conceptions
It had its strong sense of noblesse oblige provided people kept to their hereditary stations and did not challenge the established order
India s success and achievements were on the whole confined to the upper classes those lower down in the scale had very few chances and their opportunities were strictly limited
These upper classes were not small limited groups but large in numbers and there was a difusion of power authority and influence
Hence they carried on successfully 459 for a very long period
But the ultimate weakness and failing of the caste system and the Indian social structure were that they degraded a mass of human beings and gave them no opportunities lo get out of that condition educationally culturally or economically
That degradation brought deterioration all along the line including in its scope even the upper classes
It led to the petrification which became a dominant feature of India s economy and life
The contrasts between this social structure and those existing elsewhere in the past were not great but with the changes that have taken place all over the world during the past few generations they have become far more pronounced
In the context of society today the caste system and much that goes with it are wholly incompatible reactionary restrictive and barriers to progress
There can be no equality in status and opportunity within its framework nor can there be political democracy and much less economic democracy
Between these two conceptions conflict is inherent and only one of them can survive Jawaharlal Nehru The Discovery of India  1974 Edn
Chapter VI at pp
256 257
An examination of the question in the background of the Indian social conditions shows that the expression backward classes used in the Constitution referred only to those who were born in particular castes or who belonged to particular races or tribes or religious minorities which were backward
It is now necessary to ascertain the true meaning of the expression backward classes  found in Articles 15 Article 16 Article 338 3 and Article 340 of the Constitution
Article 338 and Article 340 are in Part XVI of the Constitution entitled special provisions relating to certain classes 
The corresponding part in the Draft Constitution was Part XIV entitled special provisions relating to minorities which contained nine Articles Articles 292 to 301
Article 292 of the Draft Constitution referred to reservation of seats for minorities in the House of the People the minorities being the Muslim community and the Scheduled Castes certain Scheduled Tribes and the Indian Christian community
Article 293 of the Draft Constitution made special provision regarding the representation of the Anglo Indian community in the House of the People
Article 294 of the Draft Constitution dealt with reservation 460 of seats for the Muslim community Scheduled Castes certain A Scheduled Tribes and the Indian Christian community in the State Legislatures
Article 295 of the Draft Constitution authorised the Governor to nominate a representative of the Anglo lndian community to a State Legislature in certain cases
Article 296 of the Draft Constitution required the Union and the States to appoint members belonging to all minority communities in the State services consistently with the maintenance of efficiency of administration
Article 297 of the Draft Constitution required the Union to appoint members of the Anglo lndian community in certain services as stated therein and Article 298 of the Draft Constitution provided for certain educational concessions to the Anglo Indian community over a certain specified period
Article 299 of the Draft Constitution required the President to appoint a Special Officer for minorities for the Union and the Governor to appoint a Special Officer for minorities for a State
Administration of Scheduled areas and welfare of certain Scheduled Tribes were entrusted to the President by Article 300 of the Draft Constitution and it made provision for appointment of a commission for that purpose
Article 301 of the Draft Constitution authorised the President to appoint a commission to investigate the conditions of socially and educationally backward classes
It read as follows 301
1 The President may by order appoint a Commission consisting of such persons as he thinks fit to investigate the conditions  of socially and educationally backward classes within the territory of India and the difficulties under which they labour and to make recommendations as to the steps that should be taken by the Union or any State to remove such difficulties and to improve their condition and as to the grants that should be given for the purpose by the Union or any State and the conditions subject to which such grants should be given and the order appointing such Commission shall define the procedure to be followed by the Commission
2 A Commission so appointed shall investigate the matters referred to them and present to the President a report setting out the facts as found by them and making such recommendations as they think proper
461 3 The President shall cause a copy of the report so presented together with a memorandum explaining the A action taken thereon to be laid before Parliament
 The Constituent Assembly after considering the report of the Advisory Committee appointed on July 24 1947 for the purpose of making its recommendations on the provisions contained in Part XIV of the Draft Constitution referred to above adopted a resolution moved by Sardar Vallabhbhai Patel which read as follows Resolved that the Constituent Assembly do proceed to take into consideration the Report dated the 11th May 1949 on the subject of certain political safeguards for minorities submitted by the Advisory Committee appointed by the resolution of the Assembly on 24th January 1 47
Resolved further i that notwithstanding any decisions already taken by the Constituent Assembly in this behalf the provisions of Part XV of the Draft Constitution of India be so amended as to give effect to the recommendations of the Advisory Committee contained in the said report and E ii that the following classes in East Punjab namely Mazhbis Ramdasias Kabirpanthis and Sikligars be included in the list of Scheduled Castes for the Province so that they would be entitled to the benefit of representation in the Legislatures given to the Scheduled Castes
Vide the Framing of India s Constitution by B Shiva Rao Vol
IV p 606
In the Revised Draft Constitution which was introduced in the Constituent Assembly on November 3 1949 the provisions relating t minorities were incorporated in Part XVI and the title of that Part read as Special Provisions Relating to Minorities  and it contained thirteen Articles Article 330 to Article 342
Article 330 provided for reservation of seats for Scheduled Castes and certain Scheduled Tribes in the Lok Sabha and Article 332 provided for reservation for them in the Legislative Assemblies of States
Article 331 and Article 333 dealt with domination of representatives of the 462 Anglo Indian community respectively to the Lok Sabha and the A Legislative Assemblies of States
Article 334 fixed the period during which reservations and nominations could be made under the above said Articles
Article 335 required the Union and the States to recognise the claims of members of the Scheduled Castes and the Scheduled Tribes consistently with the maintenance of efficiency of administration in the making of appointments by the Union or the States as the case may be
Article 336 contained special provision for the Anglo Indian community in certain services during the first two years after the commencement of the Constitution and Article 337 contained special provision with respect to educational grants for the benefit of the Anglo lndian community during a certain period after the commencement of the Constitution
Article 338 required the President to appoint a Special Officer for Scheduled Castes and Scheduled Tribes
Article 3383 stated that references to Scheduled Castes and Scheduled Tribes in Article 338 should be construed as references to such other backward classes as the President might on receipt of the report of the Commission appointed under Article 340 by order specify and also to the Anglo Indian community
Article 340 provided for the appointment of a Commission by the President to investigate the conditions of socially and educationally backward classes and the difficulties under which they labour Article 341 and Article 342 explained what the terms Scheduled Castes  and Scheduled Tribes  meant
The above Articles article 330 to article 342 of the Revised Draft of the Constitution were finally passed by the Constituent Assembly with the amendment that for the word minorities  wherever it occurred in Part XVI the words certain classes  be substituted The heading of the Part was therefore changed to Special Provisions Relating to certain Classes 
It is significant that the expression backward classes used in Part XVI of the Constitution and the particular in Article 3383 is used along with the Scheduled Castes the Scheduled Tribes and the Anglo Indian Community
In the original Draft Constitution the Muslim community and the Indian Christian community also had been referred to in Part XVI
In the course of the debates the question of the members of the Sikh community was along considered along with these communities
The meaning of backward classes has therefore to be deduced having regard to the other words preceding it
It is a rule of statutory construction that where there are general words following particular and specific words the general words must be confined to things of the same kind as those specified
It is true that this rule which is called as the ejusdem generies rule or 463 the rule noscitur a socis cannot be carried too far
But it is reasonable to apply that rule where the specific words refer to a distinct A genus or category
The Scheduled Castes are those castes races and tribes or parts of or groups within the castes races and tribes which are specified in the Public Notification issued by the President under Article 3411
Similarly Scheduled Tribes are those tribes or tribal communities or parts of or groups of within tribes or tribal communities which are specified in the Public Notification issued by the President under Article 3421
This is clear from the definitions of Scheduled Castes  and Scheduled Tribes  in Article 36624 and Article 36625
The notifications issued under Article 341 and Article 342 can be modified only by a law made by the Parliament Vide Article 3412 and Article 3422
It is thus seen that Part XVI of the Constitution deals with certain concessions extended to certain castes tribes and races which are Scheduled Castes and Scheduled Tribes and to the Anglo Indian community
In the above context if Article 3383 and Article 340 are construed the expression backward classes  can only refer to certain castes races tribes or communities or parts thereof other than Scheduled Castes Scheduled Tribes and the Anglo Indian community which are backward
Thus view also gains support from the resolution regarding the aims and objects of the Constitution moved by Pandit Jawaharlal Nehru in the Constituent Assembly on December 13 1946
He sid E I beg to move 1 This Constituent Assembly declares its firm and solemn resolve to proclaim India as an Independent Sovereign Republic and to draw up for her future governance a Constitution 2 Where in the territories that now comprise British India the territories that now form the Indian States
and such other parts of India as are outside British India at the States as well as such other territories as are willing to be constituted into the Independent Sovereign India shall be a Union of them all and 3 Where in the said territories whether with their pre sent boundaries or with such others as may be determined by the Constituent Assembly and there after according to the Law of the Constitution shall 464 possess and retain the status of autonomous Units together with residuary powers and exercise all powers and exercise all powers and functions as are vested in or assigned to the Union or as are inherent or implied in the Union or resulting therefrom and 4 Wherein all power and authority of the Sovereign Independent India its constituent parts and organs of government are derived from the people and 5 Wherein shall be guaranteed and secured to all the people of India justice social economic and political equality of status of opportunity and before the law freedom of thought expression belief faith worship vocation association and action subject to law and public morality and 6 Wherein adequate safeguards shall be provided for minorities Backward and tribal areas and depressed and other backward classes and 7 Wherein shall be maintained the integrity of the territory of the Republic and its sovereign rights on land sea and air according to Justice and the law of civilised nations and 8 this ancient land attains its rightful and honoured place in the world and make its full and willing contribution to the promotion of world peace and the welfare of mankind Underlining by us Clause 6 of the above resolution which was later adopted by the Constituent Assembly pledged to make adequate safeguards in the Constitution for minorities backward and tribal areas and depressed and other backward classes  The above resolution and the history of the enactment of Part XVI of the Constitution by the Constituent Assembly lead to the conclusion that backward classes are only those castes races tribes or communities which are identified by birth which are backward
It is therefore difficult to hold that persons or groups of persons who are backward merely on account of poverty which is traceable to economic reasons can also be considered as backward classes for purposes of Article 164 and Part XVI of the Constitution
465 The word backward  was not there before the words class of citizens  in Article 103 of the original draft of the Constitution the personal Article 164
The Drafting Committee presided over by Dr BR Ambedkar deliberately introduced it
Dr Ambedkar gave the reason for introducing that term as follows Supposing for instance reservations were made for a community or a collection of communities the total of which came to something like 70 per cent of the total posts under the State and only 30 per cent are retained as the unreserved could anybody say that the reservation of 30 per cent as open to general competition would be satisfactory from the point of view of giving effect to the first principle namely that there shall be equality of opportunity It cannot be in my judgment
Therefore the seats to be reserved if the reservation is to be consistent with sub clause 1 of Article 10 must be confined to a minority of seats
It is then only that the first principle could find its place in the Constitution and effective sic in operation
If Honourable Member under stand this position then we have to safeguard two things namely the principle of equality of opportunity and at the same time satisfy the demand of communities which have not had so far representation in the state then I am sure they will agree that unless you use some such qualifying phrase as backward  the exception made in favour of reservation will ultimately eat up the rule altogether Nothing of the rule will remain Vide Constituent Assembly Debates 1948 1949 Vol
VII pp 701 702
F The Drafting Committee by qualifying the expression classes of citizens  by backward  in Article 164 of the Constitution tried to reconcile three different points of view and produced a workable proposition which was acceptable to all the three points of view being 1 that there should be equality of opportunity for all citizens and that every individual qualified for a particular post should be free to apply for that post to sit for examinations and to have his qualifications tested so as to determine whether he was fit for the post or not and that there ought to be no limitations there ought to be no hindrance in the operation of the principle of equality of opportunity 2 that if the principle of equality of opportunity was to be operative the Ought to b no reservations of any sort for any class or 466 community at all and that all citizens if they are qualified should be A placed on the same footing of equality as far as public services were concerned and 3 that though the principle of equality of opportunity was theoritically good there must at the same time be a provision made for the entry of certain communities which have so far been outside the administration
The whole tenor of discussion in the Constituent Assembly pointed to making reservation for a minority of the population including Scheduled Castes and Scheduled Tribes which were socially backward
During the discussion the Constitution first Amendment Bill by which Article 154 was introduced Dr Ambedkar referred to Article 164 and said that backward classes are nothing else but a collection of certain castes  Parliamentary Debates 1951 Third Session Part Ir Vol
Xll at p 9007
This statement leads to a reasonable inference that this was the meaning which the Constituent Assembly assigned to classes  at any rate so far as Hindus were concerned
In Balaji s case supra and in Chifralekha s case supra this Court exhibited a lot of hesitation in equating the expression class  with caste  for purposes of Articles 154 and Article 164 of the Constitution
It observed as stated earlier that while caste might be a relevant circumstance to determine a backward class it could not however be dominant test
One of the reasons given for not accepting caste insofar as Hindu community in which caste system was prevalent was concerned as a dominant test for determining a backward class was that as there were communities without castes nothing prevented the makers of the Constitution to use the expression backward classes or castes 
The juxtaposition of the expression backward classes  and Scheduled Castes  in Article 15 of the Constitution according to the above two decisions led to a reasonable inference that expression classes  was not synonymous with caste 
The Court while making these observations did not give adequate importance to the evils of caste system which had led to the backwardness of people belonging to certain castes and the debates that preceded the enactment of Part XVI and Article 154 and Article 164 of the Constitution What was in fact overlooked  was the history of the Indian social institutions
The makers of the Il Indian Constitution very well knew that there were a number of i castes the conditions of whose members were almost similar to the conditions of members belonging to the Scheduled Castes and to the Scheduled Tribes and that they also needed to be given adequate protection in order tide over the difficulties in the way of their 467 progress which were not so much due to poverty but due to their birth in a particular caste
As mentioned elsewhere in the course of this judgement
the word classes  was substituted in the place of the word communities  by the Constituent Assembly just at the last moment
The word community meant a caste amongst Hindus or Muslims or Indian Christians or Anglo Indians
Part XVI was not enacted for the purpose of alleviating the conditions of poorer classes as such which was taken care of by the provisions of Part IV of the Constitution and in particular by Article 46 and by Article 14 article 151 and article 161 of the Constitution which permitted classification of persons on economic grounds for special treatment in order to ensure equality of opportunity to all person
It is of significance that the views expressed by this Court however stood modified by the decisions of this Court in Minor P Rajendran vs State of Madras  Ors
l State of Andhra Pradesh  Anr
vs P Sagar2 Triloki Nath  anr
vs State of Jammu Kashmir  Orss A Peeriakaruppan etc
vs State of Tamil Nadu  Ors4 and State of Andhra Pradesh  Ors
vs USV Balram etc5 In Rajendran s case supra while holding that the allocation of seats in Medical Colleges on the basis of the district to which a candidate belonged was not warranted by article 154 the Court observed that a caste was also a class of citizens and if the caste as a whole was socially and educationally backward reservation could be made in favour of such caste under article 1 54 In Sagar s case supra reservation of seats was done solely on the basis of caste or community
There appeared to be no determination of the fact whether members belonging to such castes or communities were in fact socially and educationally backward
The court struck down the reservation as being outside Article I C4 of the Constitution
The Court
however observed at page 600 thus  In the context in which it occurs the expression class means a homogeneous section of the people grouped together because of certain likeness or common traits and who are identifiable by some common attributes such as status rank occupation residence in a locality race 1  2 1968 3 SCR595 3  4 1971 2 SCR 430
5   468 religion and the like In determining whether a particular section forms a class caste cannot be excluded altogether
But the determination of a class a test solely based upon the caste or community cannot also be accepted
By cl
1 article 15 prohibits the State from discriminating against any citizens on grounds only of religion race caste sex place of birth or any of them
By cl
3 Of article 15 the State is notwithstanding the provisions contained in Cl
1 permitted to make special provision for women and children
By cl
4 a special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and Scheduled Tribes is outside the purview of cl
But cl
4 is an exception to cl
Being an exception it cannot be extended so as in effect to destroy the guarantee of cl
The Parliament has by enacting cl
4 attempted to balance as against the right of equality of citizens the special necessites of the weaker sections of the people by allowing a provision to be made for their advancement
In order that effect may be given to cl
4 it must appear that the beneficaries of the special provision are classes which are backward socially and educationally and they are other than the Scheduled Castes and Scheduled Tribes and that the provision made is for their advancement
Reservation may be adopted to advance the interests of weaker sections of society but in doing so care must be taken to see that deserving and qualified candidates are not excluded from admission to higher educational institutions
The criterion for determining the backwardness must not be based solely on religion race caste sex or place of birth and the backwardness being social and educational must be similar to the backwardness from which the Scheduled Castes and the Scheduled Tribes suffer emphasis added In Triloki Nath s case supra which was a case in which Article 164 came up for consideration a Constitution Bench of this Court observed at page 105 thus Article 16 in the first instance by cl
2 prohibits discrimination on the ground inter alia of religion race caste place of birth residence and permits an exception to be 469 made in the matter of reservation in favour of backward classes of citizens
The expression backward class is not used as synonymous with backward caste or back ward community
The members of an entire caste or community may in the social economic and educational scale of values at a given time be backward and may on that account be treated as a backward class but that is not because they are members of a caste or community but because they form a class In its ordinary connotation the expression class means a homogenous section of the people grouped together because of certain likenesses or common traits and who are identifiable by some common attributes such as status rank occupation residence in a locality race religion and the like
But for the purpose or article 1641 in determining whether a section forms a class a test solely based on caste community race religion sex descent place of birth or residence cannot be adopted because it would directly offend the Constitution
 emphasis added In Peeriokaruppan s case supra Hegde
J Observed at page 443 thus A caste has always been recognised as a class
In construing the expression classes of His Majesty s subjects found in section 153 A Or the Indian Penal Code Wassoodew J Observed in Narayan Vasudev vs Emperor A IR In my opinion  the expression classes of His Majesty s subjects  in Section 153 A of the Code is used in restrictive sense as denoting a collection of individuals or groups bearing a common and exclusive designation and also possessing common and exclusive characteristics which may be associated with their origin race or religion and that the term class  within that section carries with it the idea of numerical strength so large as could be grouped in a single homogeneous community In Paragraph 10 Chapter V of the backward Classes Commission s Report it is observed 470 We tried to avoid caste but we find it difficult to A ignore caste in the present prevailing conditions
We wish it were easy to dissociate from social backwardness at the present juncture
In modern times anybody can take to any profession
The Brahman taking to tailoring does not become a tailor by caste nor is his social status lowered as a Brahman
A Brahman may be a seller of boots and shoes and yet his social status is not lowered thereby
Social backwardness therefore is not today due to the particular profession of a person but we cannot escape caste in considering the social backwardness in India Paragraph 11 of that Report it is stated It is not wrong to assume that social backwardness has largely contributed to the educational backwardness of a large number of social groups
 Finally in Paragraph 13 the Committee concludes with following observations All this goes to prove that social backwardness is mainly based on racial tribal caste and denominationals differences
 The learned Judge then proceeded to state at page 444 There is no gainsaying the fact that there are numerous castes in this country which are socially and educationally backward
To ignore their existence is to ignore the facts of life
Hence we are enable to uphold the contention that impugned reservation is not in accordance with article 154
But all the same the Government should not proceed on the basis that once a class is considered as a backward class it should continue to be backward class for all times
Such an approach would defeat the very purpose of the reservation because once a class reaches a stage of progress which some modern writers call as take off stage then competition is necessary for their future progress
The Government should always keep under review the question of reservation of seats and only the classes which 471 are really socially and educationally backward should be allowed to have the benefit of reservation
Reservation of A seats should not be allowed to become a vested interest
The fact that candidates of backward classes have secured about 50 per cent of the seats in the general pool does show that the time has come for a de novo comprehensive examination of the question
It must be remembered that g the Government s decision in this regard is open to judical review
 In Balaram s case supra the State was the appellant
it had come up in appeal against the judgment of the High Court of Andhra Pradesh which had struck down its order making reservation of seats of seats under Article 154
This Court allowed the appeal upholding the Government order Vaidialingam J in the course of his judgment observed at page 280 thus article 154 will have to be given effect to in order to assist the weaker sections of the citizens as the State has been charged with such duty
No doubt we are aware that any provision made under this clause must be within the well defined limits and should not be on the basis of caste alone
But it should not also be missed that a caste is also a class of citizens and that a caste as such may be socially and educationally backward
If after collecting the necessary date it is found that the caste as a whole is socially and educationally backward in our opinion the reservation made of such persons will have to be upheld notwithstanding the fact that a few individuals in that group may be both socially and educationally above the general average
There ii no gainsaying the fact that there are numerous castes in the country which are socially and educationally backward and therefore a suitable provision will have to be made by the State as charged in article 154 to safeguard their interest
 The learned Judge felt that the Backward Classes Commission on the basis of whose Report the Government order had been passed had given good reasons in support of its recommendations
Accordingly the Government order was upheld
472 If we depart from the view that caste or community is an important relevant factor in determining social and educational backwardness for purposes of Article 15 4 and Article 16 4 of the Constitution several distortions are likely to follow and may take us away from the sole purpose for which those constitutional provisions were enacted
Several factors such as physical disability poverty place of habitation the fact of belonging to a freedom fighter s family the fact of belonging to the family of a member of the armed forces might each become a sole factor for the purpose of Article 15 4 or Article 16 4 which were not at all intended to be resorted to by the State for the purpose of granting relief in such cases
While relief may be given in such cases under Article 14 Article 15 1 and Article 16 1 by adopting a rational principle of classification Article 15 4 and Article 16 4 cannot be applied to then
Article 15 4 and Article 16 4 are intended for the benefit of those who belong to castescommunities which are traditionally disfavoured and which have suffered societal discrimination  in the past
The other factors mentioned above were never in the contemplation of the makers of the Constitution while enacting these clauses
In DN Chanchala vs State of Mysore and Ors
etc1 a classification based on some of these factors was upheld but not under Article 1 5 4
The observation made in State of Kerala vs Kumari TP Roshana and Anr2 that the principle of reservation with weightage for the geographical area of Malabar District has our approval in endorsement of the view of the High Court  is outside the scope of Article 15 4 even though it may be sustained under Article 14
While caste or community is a relevant factor in determining the social and educational backwardness it cannot be said that all members of a caste need be treated as backward and entitled to reservation under Article 15 4 or Article 16 4
Caste cum means test would be a rational test in identifying persons who are entitled to the benefit of those provisions
This principle has received acceptance at the hands of this Court in Kumari KS Jayasree and Anr
vs The State of Kerala and Anr
2 In that case a Commission appointed by the Government of the State of Kerala to enquire into the social and economic conditions of the people of that State and 1 1971 Supp
SCR 60 2  3  473 to recommend as to what sections of the people should be extended the benefits under Article 15 4 of the Constitution found that only the rich amongst certain castes or communities were enjoying the benefit of reservations made earlier
It therefore recommended adoption of a means cum castecommunity test for determining the sections of the people who should be given the benefit under the relevant constitutional provisions
The State Government accordingly stipulated that applicants who were members of certain castes or communities and whose family income was less than Rs 1000 per year were only entitled to reservation under Article 15 4
The petitioner in the above case who belonged to one such community but whose family income was above Rs 10000 per year questioned the order before the Kerala High Court on the ground that the imposition of the ceiling of family income was unconstitutional
The learned Single Judge who heard the  petition allowed it
The Division Bench of the Kerala High Court however reversed the decision of the learned Single Judge and dismissed the petition
On appeal the Court while affirming the decision of the Division Bench in the above case on the question of social backwardness observed at pages 199 200 thus In ascertaining social backwardness of a class of citizens it may not be irrelevant to consider the caste of the group of citizens
Caste cannot however be made the sole or dominant test
Social backwardness is in the ultimate analysis the result of poverty to a large extent
Social backwardness which results from poverty is likely to be aggravated by considerations of their caste
This shows the relevance of both caste and poverty in deter mining the backwardness of citizens
Poverty by itself is not the determining factor of social backwardness
Poverty is relevant in the context of social backwardness
The Commission found that the lower income group constitutes socially and educationally backward classes
The basis of the reservation is not income but social and educational backwardness determined on the basis of relevant criteria
If any classification of backward classes of citizens is based solely on the caste of the citizens it will perpetuate the vice of caste system
Again if the classification is based solely on poverty it will not be logical
The society is taking steps for uplift of the people
In such a task groups or classes who are socially and 474 educationally backward are helped by the society
That A is the philosophy of our Constitution
It is in this context that social backwardness which results from poverty is likely to be magnified by caste considerations
Occupations place of habitation may also be relevant factors in determining who are socially and educationally backward classes
Social and economic considerations come into operation in solving the problem and evolving the proper criteria of determining which classes are socially and educationally backward
That is why our Constitution provided for special consideration socially and educa tionally backward classes of citizens as also Scheduled Castes and Tribes
It is only by directing the society and the State to offer them all facilities for social and educational uplift that the problem is solved
It is in that context that the Commission in the present case found that income of the classes of citizens mentioned in Appendix VIII was a relevant factor in determining their social and educational backwardness
 When once the relevance of caste is not adhered to several difficulties might arise as can be seen from the decision in the State of Uttar Pradesh vs Pradip Tandon and Ors
1 In that case the Court had to examine the validity of a Government order which had made reservation of seats under Article 15 4 in favour of two classes of students 1 those who came from rural areas and 2 those who came from hill areas and Uttrakhand
The High Court of Allahabad upheld the said reservations in Subhash Chandra vs The State of UP and ors2 but struck them down in a later case in Dilip Kumar vs The Government of UP and Ors3 without noticing its earlier decision in Subash Chandra s case supra When the same question came before this Court in an appeal preferred by the State Government the State Government attempted to justify the classification of students for admission into medical colleges as stated above on the ground that it was a notorious fact that rural hill and Uttrakhand areas were socially backward because of extreme poverty that those areas were backward educationally because the 1  2 AlR 1973 All
3 AIR 1973 All
475 standard of literacy was poor and there was lack of educational facilities and that there was dearth of doctors in the said areas
A The geographical territorial historical and the economic conditions in the said areas were emphasised to support the classification
In the State of Uttar Pradesh vs Pradip Tandon s case supra Court first rejected the plea that party could be a basis of classification for purposes of article I 4 in these terms at page 7 In Balaji s case supra the Court said that social backwardness is on the ultimate analysis the result of poverty to a large extent and that the problem of back ward classes is in substance the problem of rural India
Extracting these observations the Attorney General contended that poverty is not only relevant but is one of the elements in determining the social backwardness
We are unable to accept the test of poverty as the determining factor of social backwardness
 D Then it held that reservation for rural areas on the ground of poverty was unconstitutional
In doing so it observed at page 769 thus The reservation for rural areas cannot be sustained on the ground that the rural areas represent socially and educationally backward classes of citizens
This reservation appears to be made for the majority population of the State
80 per cent of the population of the State cannot be a homogeneous class
Poverty in rural areas cannot be the basis of classification to support reservation for rural areas
Poverty is found in all parts of India
In the instructions for reservation of seats it is provided that in the application form a candidate for reserved seats from rural areas must submit a certificate of the District Magistrate of the District to which he belonged that he was born in rural area and had a permanent home there and is residing there or that he was born in India and his parents and guardians are still living there and earn their livelihood there
The incident of birth in rural areas is made the basic qualification
No reservation can be made on the basis of place of birth as this would offend Article 15
 476 But it upheld the reservations made in favour of the hill and A Uttrakhand areas with these observations at page 767 The hill and Uttrakhand areas in Uttar Pradesh are instance of socially and educationally backward classes for these reasons
Backwardness is judged by economic basis that each region has its own measurable possibilities for the maintenance of human numbers standards of living and fixed property
From an economic point of view the classes of citizens are back ward when they do not make effective use of resources
When large areas of land maintain a sparse disorderly and illiterate population whose property is small and negligible the element of social backwardness is observed
When effective territorial specialisation is not possible in the absence of means of communication and technical processes as in the hill and Uttrakhand areas the people are socially backward classes of citizens
Neglected opportunities and people in remote places raise walls of social backwardness of people
Educational backwardness is ascertained with reference to these factors
Where people have traditional apathy for education on account of social and environ mental conditions or occupational handicaps it is an illustration of educational backwardness
The hill and Uttrakhand areas are inaccessible
There is lack of educational institutions and educational aids People in the hill and Uttrakhand areas illustrate the educationally backward classes of citizens because lack of educational facilities keep them stagnant and they have neither meaning and values nor awareness for education
 The reading of the above passages shows that there is inherent inconsistency between one part of the decision and the other
The Court could not have arrived at the two divergent conclusions set out above since many of the reasons urged by the State Government were almost identical
This is due to the earlier approach adopted by the Court to the question
If caste had been taken into consideration as a relevant test which could not be ignored in determining the classes entitled to the benefit of Article 15 4 and article 16 4 there would have been no room for the above inconsistency
477 Article 14 of the Constitution consists of two parts
It asks the State not to deny to any person equality before law
It also asks A the State not to deny the equal protection of the laws
Equality before law connotes absence of any discrimination in law
The concept of equal protection required the State to meet out differential treatment to persons in different situations in order to establish an equilibrium amongst all
This is the basis of the rule that equals should be treated equally and unequals must be treated unequally if the doctrine of equality which is one of the corner stones of our Constitution is to be duly implemented
In order to do justice amongst unequals the State has to resort to compensatory or protective discrimination Article 15 4 and Article 16 4 of the Constitution were enacted as measures of compensatory or protective discriminations to grant relief to persons belonging to socially oppressed castes and minorities
Under them it is possible to provide for reservation of seats in educational institutions and of posts in Government services to such persons only
But if there are persons who do not belong to socially oppressed castes and minorities but who otherwise belong to weaker sections due to poverty place of habitation want of equal opportunity etc
the question arises whether such reservation can be made in their favour under any other provision of the Constitution such as Article 14 Article 15 1 Article 16 1 or Article 46
The decision in State of Kerala and Anr
vs NM Thomas and Orsl which was rendered by 15 a Bench of seven learned Judges of this Court attempted to deal with the above question
The facts of that case were these Rule 13 a of the Kerala State Subordinate Service Rules 1958 provided that no person would be eligible for appointment to any service or any post unless he possessed such special qualifications and had passed such special tests as might be prescribed in that behalf in the Ir Special Rules
For promotion of a lower division clerk to the next higher post of upper division clerk the Government prescribed certain departmental tests
By Rule 13A which was introduced later on temporary exemption was given for a period of two years
That Rule also provided that an employee who did not pass the unified departmental tests within the period of two years from the date of introduction of the tests would be reverted to the lower post and further stated that he would not be eligible for appointment under that Rule
Proviso 2 to this Rule gave temporary exemption for an extended period of two years in the case of candidates belonging 1 1976 I SCR 906
478 to Scheduled Castes and Scheduled Tribes
When the Government A found that a large number of candidates belonging to Scheduled Castes and Scheduled Tribes were facing reversion under that Rule on a representation made on their behalf it gave exemption to them for a further period of two years by promulgating Rule 13A
As a result of this Rule respondent No I in the above case who had passed the special test in 1971 was not promoted but some candidates belonging to Scheduled Castes or Scheduled Tribes who had not passed the tests were promoted
Respondent No I there fore challenged the validity of Rule 13A before the High Court of Kerala on the ground that it violated Article 16 1 of the Constitution
The High Court struck down the Rule holding that it was outside the scope of Article 16 4 and therefore was violative of Article 16 1 of the Constitution The State Government questioned in the above case before this Court the correctness of the decision of tho High Court
From the facts narrated above it is obvious that the case did not concern itself with reservation of posts in the higher cadre as such but only involved the classification of employees of Government into two groups those belonging to Scheduled Castes and Scheduled Tribes and those who did not belong to Scheduled Castes and Scheduled Tribes for purposes of given exemption from possessing one of the minimum qualifications ie from passing the prescribed tests during a further period of two years 13 Ray CJ upheld the Rule by upholding the classification under Article 14 and Article 16 1
The learned Chief Justice observed at page 933 thus All legitimate methods are available for equality of opportunity in services under Article 16 1
Article 16 4 is affirmative whereas Article 14 is negative in language
Article 16 4 indicates one of the methods of achieving equality embodied in Article 16 1
Article 16 1 using the expression equality makes it relatable to all matters of employment from appointment through promotion and termination to payment of pension and gratuity
Article 16 1 permits classification on the basis of object and purpose of law or State action except classification involving discrimination prohibited by Article 16 2
Equal protection of laws necessarily involves classification
The validity of the classification must be adjudged with reference to the purpose of law
The classification in the present case is justified because 479 the purpose of classification is to enable members of Scheduled Castes and Tribes to find representation by A promotion to a limited extent
From the point of view of time a differential treatment is given to members of Scheduled Castes and Tribes for the purpose of giving them equality consistent with efficiency
Khanna J who upheld the judgment of the High Court was of the view that since the impugned Rule did not get the protection of Article 16 4 which was the only provision under which preferential treatment could be given to members belonging to backward classes Scheduled Castes and Scheduled Tribes the Rule could not be upheld on the basis of classification under Article 14 and Article 16 1 of the Constitution
The learned Judge observed at pages 939 940 thus It has been argued on behalf of the appellants that equality of treatment does not forbid reasonable classification
Reference in this context is made to the well accepted principle that Article 14 of the Constitution forbids class legislation but does not forbid classification
Permissible classification it is equally well established must be founded on an intelligible differential which distinguishes persons or things that arc grouped together from others left out of the group and the differential must have a rational relation to the object sought to be achieved by the statute in question
It is urged that the same principle should apply when the court is concerned with the equality of opportunity for all citizens in matters P relating to employment or appointment to any office under the State
In this respect I may observe that this Court has recognised the principle of classification in the context of clause 1 of article 16 in matters where appointments are from two different sources eg guards and station masters promotees and direct recruits degree holder and diploma holder engineers
See All India Station Masters and Asstt
station Masters  Assn
and Ors
vs General Manager Central Railway and Ors
1960 2 SCR 311 SG Jaisinghani vs Union of India and Ors
1967 2 SCR 703 and State of Jammu  Kashmir vs Triloki Nath Khesa and Ors
1974 I SCR 771 The question with which we are concerned however is 480 whether we can extend the above principle of classification so as to allow preferential treatment to employees on the ground that they are members of the scheduled castes and scheduled tribes
So far as this question is concerned I am of the view that the provision of preferential treatment for members of backward classes including scheduled castes and scheduled tribes is that contained in clause 4 of article 16 which permits reservation of posts for them
There is no scope for spelling out such preferential treatment from the language of clause 1 of article 16 because the language of that clause does not warrant any preference to any citizen against another citizen
The opening words of clause 4 of article 16 that nothing in this article shall prevent the State from making any provision for the reservation of appointments or posts in favour of backward class of citizens  indicate that but for clause 4 it would not have been permissible to make any reservation of appointments or posts in favour of any backward class of citizens
 Khanna J proceeded to observe at page 944 thus The matter can also be locked at from another angle
If it was permissible to accord favoured treatment to members of backward classes under clause 1 of article 16 there would have been no necessity of inserting clause 4 in article 16
Clause 4 in Article 16 in such an event would have to be treated as wholly superfluous and redundant
The normal rule of interpretation is that no provision of the Constitution to be treated as redundant and superfluous
The Court would therefore be reluctant to accept a view which would have the effect of rendering clause 4 of Article 16 redundant and superfluous
Mathew J more or less agreed with Ray CJ He said at pages 954 955 thus It is said that Article 16 4 specifically provides for reservation of posts in favour of backward classes which according to the decision of this Court would include the power of the State to make reservation at the 481 stage of promotion also and therefore Article 16 1 cannot include within its compass the power to give any adventitious aids by legislation or otherwise to the back ward classes which would derogate from strict numerical equality
If reservation is necessary either at the initial stage or at the stage of promotion or at both to ensure for the members of the Scheduled Castes and Scheduled Tribes equality of opportunity in the matter of employment l see no reason why that is not permissible under Article 16 1 as that alone might put them on a parity with the forward communities in the matter of achieving the result which equality of opportunity would produce
Whether there is equality of opportunity can be gauged only by the equality attained in the result
Formal equality of opportunity simply enables people with more education and intelligence to capture all the posts and to win over the less fortunate in education and talent even when the competition is fair
Equality of result is the test of equality of opportunity
Beg J as he then was agreed with the view of Khanna J that the principle of classification could not be extended to cases of this nature but upheld the Rule as squarely falling within the scope of Article 16 4 itself
He observed at page 959 Strictly speaking the view adopted by my learned brother Khanna that the ambit of the special protection of equality of opportunity in matters relating to public service which can be made available to members of backward classes of citizens is exhausted by Article 16 4 of the Constitution seems inescapable
Article 16 is after all a facet of the grand principles embraced by Article 14 of our Constitution
It guarantees Equality of opportunity in matters of public appointment
It does so in absolute terms
It is a necessary consequence and a special application of Article 14 in an important field where denial of equality of opportunity cannot be permit ted
While Article 16 1 sets out the positive aspect of equality of opportunity in matters relating to employment by the State Article 16 2 negatively prohibits discrimination on the grounds given in Article 16 2 in the area covered by Article 16 1 of the Constitution
If 482 Scheduled Castes do not fall within the ambit of Article 16 2 but as a backward class of citizens escape the direct prohibition it is because the provisions of Article 16 4 make such an escape possible for them
They could also avoid the necessary consequences of the positive mandate of Article 16 1 if they come within the only exception contained in Article 16 4 of the Constitution
I respectfully concur with my learned brother Khanna and Gupta that it would be dangerous to extend the limits of protection against the operation of the principle of equality of opportunity in this field beyond its express constitutional authorisation by Article 16 4 
Beg J as he then was proceeded to hold at page 961 thus Members of a backward class could be said to be discriminated against if severer tests were prescribed for them
But this is not the position in the case before us
All promotees belonging to any class caste or creed are equally subjected to efficiency tests of the same type and standard
The impugned rules do not dispense with these tests for any class or group
Indeed such tests could not be dispensed with for employees from Scheduled Castes even as a backward class keeping in view the provisions of Article 335 of the Constitution
All that happens here is that the backward class of employees is given a longer period of time to pass the efficiency tests and prove their merits as determined by such tests
It has been therefore argued that in this respect there is substantial equality
In other words the argument is that if Article 16 1 could be interpreted a little less rigidly and more liberally the discrimination involved here will not fall outside it
Even if this was a tenable view I would for all the reasons given here prefer to find the justification if this is possible in the express provisions of Article 16 4 because this is where such a justification should really lie Krishna Iyer J after recording the statement of the Advocate General for Kerala that the Rule could not be sustained under Article 16 4 upheld it under article 14 and Article 16 1 as it 483 related to members belonging to the Scheduled Castes and Scheduled Tribes
Perhaps he would have struck down the Rule if the benefit A of the Rule had been extended to other backward classes as can be seen from the following passage occurring at page 981 If article 14 admits of reasonable classification so does article 161 and this Court has held so
In the present case the economic advancement and promotion of the claims of the grossly under represented and pathetically neglected classes otherwise described as Scheduled Castes and Scheduled Tribes consistently with the maintenance of administrative efficiency is the object constitutionally sanctioned by articles 46 and 335 and reasonably accommodated in article 161
The differentia so loudly obtrusive is the dismal social milieu of harijans
Certainly this has a rational relation to the object set out above
I must repeat the note of caution earlier struck
Not all caste backwardness is recognised in this formula
To do so is subversive of both article 161 and 2
The social disparity must be so grim and substantial as to serve as a foundation for benign discrimination
If we search for such a class we cannot find any large segment other than the Scheduled Castes and Scheduled Tribes
Any other caste securing exemption from article 161 and 2 by exerting political pressure or other influence will run the high risk of unconstitutional discrimination
If the real basis of classification is caste masked as backward class the Court must strike at such communal manipulation
Secondly the Constitution recognizes the claims of only harijans article 335 and not of every backward class
The profile of article 46 is more or less the same
So we may readily hold that casteism cannot come back by the back door and except in exceptionally rare cases no class other than Harijans can jump the gauntlet of equal opportunity  guarantee
Their only hope is in article 164
Emphasis supplied
Gupta J agreed generally with Khanna J and upheld the judgment of the High Court
Gupta 1
after referring to Article 335 observed at page 986 thus H This Article does not create any right in the members of the Scheduled Castes and the Scheduled Tribes which 484 they might claim in the matter of appointments to services A and posts one has to look elsewhere Article 164 for instance to find out the claims conceded to them
Article 335 says that such claims shall be considered consistently with administrative efficiency thus is a provision which does not enlarge but qualify such claims as they may have as members of the Scheduled Castes or Scheduled Tribes
Article 335 it seems clear cannot furnish any clue to the understanding of Article 161
Fazal Ali J also upheld the impugned Rule under Article 161
The learned Judge said at page 1001 thus  Article 335 of the Constitution contains a mandate to the State for considering the claims of the members of tho Scheduled Castes and the scheduled tribes consistently with the maintenance of efficiency of administration
By giving the special concessions to the promotees this man date is sought to be obeyed by the Government
Mr TS Krishnamoorthy Iyer counsel for the respondent No I submitted that the mandate given in article 335 is violated because by granting exemption to the members of the scheduled castes and tribes the standard of efficiency of the services would be impaired
We are however unable to agree with the argument
Both the respondent No I and the promotees were members of the same service and had been working as Lower Division Clerks for a pretty long time
The promotees were members of the scheduled castes and tribes are admittedly senior to respondent No I and have gained more experience
Further the rule does not grant complete exemption to the promotees from passing the test it only provides for grant of extension of time to enable them to clear the test
In these circumstances it cannot be held that the State s action in incorporating r 13 AA in any way violates the mandate contained in article 335
In these circumstances therefore I am clearly satisfied that the concesion given in r 13 AA amounts to a reasonable classification which can be made under article 161 of the Constitution and does not amount to the selection of the respondent No 1 for hostile discrimination so as to be violative of article 161 of the Constitution of India 485 But Fazal Ali J was however of the view that Article 164 of the Constitution was a complete code so far as reservation of posts A was concerned
The learned Judge observed at page 1002 thus Clause 4 of article 16 of the Constitution cannot be read in isolation but has to be read as part and parcel of article 161  2
Suppose there are a number of backward classes who form a sizable section of the population of the country but are not properly or adequately represented in the services under the State the question that arises is that can be done to enable them to join the services and have a sense of equal participation
One course is to make a reasonable classification under article 161 in the manner to which I have already adverted in great detail
The other method to achieve the end may be to make suitable reservation for the backward classes in such a way so that the inadequate representation of the backward classes in the services is made adequate
This form of classification which is referred to as reservation is in my opinion clearly covered by article 164 of the Constitution which is completely exhaustive on this point
That is to say clause 4 of article 16 is not an exception to article 14 in the sense that whatever classification can be made can be done only through clause 4 of article 16
Clause 4 of article 16 however is an explanation containing an exhaustive and exclusive provision regarding reservation which is one of the forms of classification
Thus clause 4 of article 16 deals exclusively with reservation and not other forms of classifiable which can be made under article 161 itself
Since clause 4 is a special provision regarding reservation it can safely be held that it overrides article 161 to that extent and no reservation can be made under article 161
Emphasis added The result is that at least according to four learned Judges Khanna Beg Gupta and Fazal Ali JJ
no reservation of posts can be made in Government services for backward classes including Scheduled Castes and Scheduled Tribes under Article 14 or Article 161
According to Krishna Iyer J preferential treatment as was done in this case on the basis of classification ordinarily could be given under Article 161 to the Scheduled Castes and Scheduled Tribes only
Other backward classes could not except in exceptionally rare cases be extended the same benefit and their only hope was Article 164 of the constitution 486 Now reverting to the power of the Government to make reservations under Article 154 and Article 164 of the Constitution we may state thus The determination of the question whether the members belonging to a caste or a group or a community are backward for the purpose of Article 154 and Article 164 of the Constitution is no doubt left to the Government
But it is not open to the Government to call any caste or group or community as backward according to its sweet will and pleasure and extend the benefits that may be granted under those provisions to such caste or group or community
The exercise of uncontrolled power by the Government in this regard may lead to political favouritism leading to denial of the just requirements of classes which are truly backward
The power of the Government to classify any caste or group or community as backward has to be exercised in accordance with the guidelines that can be easily gathered from the Constitution
It is now accepted that the expressions socially and educationally backward classes of citizens  and the Scheduled Castes and the Scheduled Tribes  in Article 154 of the Constitution together are equivalent to backward classes of citizens  in Article 164
Dealing with the question whether any particular caste or group or community could be treated as socially and educationally backward for purposes of Article 154 the Court observed in Balaji s case supra at page 465 thus Therefore we are not satisfied that the State was justified in taking the view that communities or castes whose ave rage of student population was the same as or just below the State average should be treated as educationally back ward classes of citizens
If the test has to be applied be a reference to the State average of student population the legitimate view to take would be that the classes of citizens whose average is well or substantially below the State average can be treated as educationally backward
 This was further explained by Shah J as he then was in Sagar s case supra when he observed that the criterion for deter mining the backwardness must not be based solely on religion race caste sex or place of birth and the backwardness being social and educational must be similar to the backwardness from which the Scheduled Castes and the Scheduled Tribes suffered
A Constitution Bench of this Court reiterated the above principle in Janki Prasad Parimoo  Ors
vs State of Jammu  Kashmir  Ors
in which it was observed at page 252 thus 1  487 That accounts for the raison d etre of the principle explained in Balaji s case which pointed out that backward classes for whose improvement special provision was contemplated by Article 154 must be comparable to Scheduled Castes and Scheduled Tribes who are standing examples of backwardness socially and educationally
This view is in conformity with the intention underlying clause 6 of the resolution regarding the aims and objects of the Constitution moved by Jawaharlal Nehru on December 13 1946 which asked the Constituent Assembly to frame a Constitution providing adequate safeguards for minorities backward and tribal areas and depressed and other backward classes and also with the provisions of Article 338 and Article 340 of the Constitution
Unless the above restriction is imposed on the Government it would become possible for the Government to call any caste or group or community which constitutes a powerful political lobby in the State as backward even though in fact it may be an advanced caste or group or community but just below some other forward community
There is another important reason why such advanced castes or groups or communities should not be included in the list of backward classes and that is that if castes or groups and communities which are fairly well advanced and castes and groups and communities which are really backward being at the rock bottom level are classified together as backward classes the benefit of reservation would invariably be eaten up by the more advanced sections and the really deserving sections would practically go without any benefit as more number of children of the more advanced castes or groups or communities amongst them would have scored higher marks than the children of more backward castes or groups or communities
In that event the whole object of reservation would become frustrated
It is stated that it was with a view to avoiding this anomalous situation the Government of Devaraj Urs had to appoint the Havanur Commission to make recommendations for the purpose of effectively implementing the objects of Article 154 and Article 164
Hence as far as possible while preparing the list of backward classes the State Government has to bear in mind the above principle as a guiding factor
The adoption of the above principle will not unduly reduce the number of persons who will be eligible for the benefits under Article 154 and Article 164 of the Constitution since over the years the level of the Scheduled Castes and Scheduled Tribes is also going up by reason of several remedial 488 measure taken in regard to them by the State and Central Government
At the same time it will also release the really backward castes groups and communities from the strangle hold of many advanced groups which have had the advantage of reservation along with the really backward classes for nearly three decades
It is time that more attention is given to those castes and groups communities who have been at the lowest level suffering from all the disadvantages and disabilities except perhaps untouchability to which many of the Scheduled Castes and Scheduled Tribes have been exposed but without the same or similar advantages that flow from being included in the list of the Scheduled Castes and the Scheduled Tribes
Since economic condition is also a relevant criterion it would be appropriate to incorporate a means test  as one of the tests in determining the backwardness as was done by the Kerala Government in Jayasree s case supra
These two tests namely that the conditions of caste or group or community should be more or less similar to the conditions in which the Scheduled Castes or Scheduled Tribes are situated and that the income of the family to which the candidate belongs does not exceed the specified limit would serve as useful criteria in determining beneficiaries of any reservation to be made under Article 154
For the purpose of Article 164 however it should also be shown that the backward class in question is in the opinion of the Government not adequately represented in the Government services
There is one other basis on which a classification made for purposes of Article 15 4 or Article 16 4 of the Constitution has received the approval of this Court in Chitralekha s case supra
In that case the Court was concerned with a list of backward classes prepared on the basis of economic condition and occupation
According to that Government order persons whose family income was Rs 1200 per annum or less and who were engaged in occupations such as agriculture
petty business inferior services crafts or other occupations involving manual labour were treated as belonging to backward classes
The petitioner who had filed the petition in the High Court did not challenge the validity of the said classification
But on a submission made on behalf of the State Government the Court expressed its general approval to the method of classification
Even in the case before us now there is a reservation of 15 per cent of seats of posts in favour of members falling under a classification styled as special group  which is based on similar 489 occupation cum income considerations
Even here no serious objection is taken by any party to the said classification treating A persons who satisfied the prescribed tests as being eligible for reservation
It is apparent that this special group  is a creature of social economic and political necessity
Since a classification made on the above said basis has received the approval of a Constitution Bench of equal strength and its correctness is not challenged before us we treat this classification as a valid one even though a criticism of this kind of classification was made not unjustifiably as we now see by the Mysore High Court in DG Viswanath s case1 This classification would include persons of all castes groups and communities provided the two tests namely occupation test and income test are satisfied
Next comes the vexed question relating to the extent of reservation that can be made under article 15 4 and article 16 4 of the Constitution
In Balaji s case supra this Court took the view that since Article 15 4 is an exception to Article 15 1 and Article 16 4 is an exception to Article 16 1 and 2 any reservation made under Article 15 4 and Article 16 4 should not exceed 50 per cent of the total number of seats or posts as the case may be
The Court held that reservation of 68 per cent of seats under Article 15 4 which was a special provision was invalid
The Court further held that speaking generally and in a broad way a special ID provision should be less than 50 per cent how much less than 50 per cent would depend upon the relevant prevailing circumstances in each case 
This statement was understood by a Constitution Bench of this Court in T Devadasan vs The Union of India and Anr2 as laying down the rule that reservation under Article 15 4 or Article 16 4 could not be more than 50 per cent of seats or posts
In that case Mudholkar J speaking for the majority said at page 698 Even if the Government had provided for the reservation of posts for Scheduled Castes and Tribes a cent per cent reservation of vacancies to be filled in a particular year or reservation of vacancies in excess of 50 per cent would according to the decision in Balaji s case not be constitutional
1 AIR 1964 Mys 132
2  490 But in the State of Kerala and Anr
vs NM Thomas and Ors
supra the question relating to the permissible extent of reservation arose for consideration
Ray CJ came to the conclusion that taking into consideration the entire Government service there was no excessive concession shown to the employees belonging to the Scheduled Castes and Scheduled Tribes
Beg J as he then was was also of the same view
Fazal Ali J Observed at page 1005 thus This means that the reservation should be within the permissible limits and should not be a cloak to fill all the posts belonging to a particular class of citizens and thus violate article 16 1 of the Constitution indirectly
At the same time clause 4 of article 16 does not fix any limit on the power of the Government to make reservation
Since clause 4 is a part of article 16 of the Constitution it is manifest that the State cannot be allowed to indulge in excessive reservation so as to defeat the policy contained in article 16 1
As to what would be a suitable reservation within permissible limits will depend upon the facts and circumstances of each case and no hard and fast rule can be laid down nor can this matter be reduced to a mathematical formula so as to be adhered to in all cases
Decided cases of this Court have no doubt laid down that the percentage of reservation should not exceed 50 per cent
As I read the authorities this is however a rule of caution and does not exhaust all categories
Suppose for instance a State has a large number of backward classes of citizens which constitute 80 per cent of the population and the Government in order to give them proper representation reserves 80 per cent of the jobs for them can it be said that the percent age of reservation is bad and violates the permissible limits of clause 4 of article 16  The answer must necessarily be in the negative
The dominant object of this provision is to take steps to make inadequate representation adequate
 Krishna Iyer J in the same case observed at page 981 thus I agree with my learned brother Fazal Ali J in the view that the arithmetical limit of 50 per cent in any one 491 year set by some earlier rulings cannot perhaps be pressed too far
Overall representation in a department does not depend on recruitment in a particular year but the total strength of a cadre
I agree with his construction of article 16 4 and his view about the carry forward  rule
 After carefully going through all the seven opinions in the above case it is difficult to held that the settled view of this Court that the reservation under Article 15 4 or Article 16 4 could not be more than 50 per cent has been unsettled by a majority of the Bench which decided this case
I do not propose to pursue this point further in this case because if reservation is made only in favour of those backward castes or classes which are comparable to the Scheduled Castes and Scheduled Tribes it may not exceed 5 per cent including 18 per cent reserved for the Scheduled Castes and Scheduled Tribes and 15 per cent reserved for special group  in view of the total population of such backward classes in the State of Karnataka
The Havanur Commission has taken the number of students passing at S SLC examination in the year 1972 as the basis for determining the backwardness
The average passes per thousand of the total population of the State of Karnataka was 169 in 1972
The average in the case of the Scheduled Castes was 0 56 and in the case of Scheduled Tribes was 051
Even if we take all the castes tribes and communities whose average is below 50 per cent of the State average ie below 85 per cent for classifying them as backward large chunks of population which are now treated as backward would have to go out of the list of backward classes
Consequently the necessity for reservation which would take the total reservation under Article 15 4 and Article 16 4 beyond 50 per cent of the total number of seatsposts would cases to exist
The present arrangement has been worked for more than five years already
It is now necessary to redetermine the question of backwardness of the various castes tribes and communities for purposes of Article 15 4 and Article 16 4 in the light of the latest figures to be collected on the various relevant factors and to refix the extent of reservation for backward classes
The reservation of 15 per cent now made under Article 15 4 and Article 16 4 but which may be traced to Article 14 and Article 16 1 to special group  based on occupation cum income can in any event be availed of by members of all communities and castes
At this stage it should be made clear that if on a fresh determination some castes or communities have to go out of the list of 492 Backward classes prepared for Article 15 4 and Article 16 4 the Government may still pursue the policy of amelioration of weaker sections of the population amongst them in accordance with the directive principle contained in Article 46 of the Constitution
There are in all castes and communities poor people who if they are given adequate opportunity and training may be able to compete success fully with persons belonging to richer classes The Government may provide for them liberal grants of scholarships free studentship free boarding and lodging facilities free uniforms free mid day meals etc
to make the life of poor students comfortable
The Government may also provide extra tutorial facilities stationery and books free of cost and library facilities
These and other steps should be taken in the lower classes so that by the time a student appears for the qualifying examination he may be able to attain a high degree of proficiency in his studies
The State Government shall now proceed to redetermine the whole question of reservation of seatsposts under Article 15 4 and Article 16 4 of the Constitution in this judgment


Summary:
In the pre independent period the former princely State of Mysore which now forms part of the State of Karnataka is one of the earliest States in the country in which the system of reservation for backward classes in public services was introduced
In 1918 the Government of His Highness the Maharaja of Mysore appointed a committee under the chairmanship Or Sir Leslie C Miller Chief Justice of the Chief Court of Mysore to investigate and report on the problem of backward classes
The questions referred to that Committee were i changes needed in the then existing rules of recruitment to the public services ii special facilities to encourage higher and professional education among the members of backward classes and iii any other special measures which might be taken to increase the representation of backward communities in the public service without materially affecting the efficiency due regard being paid also to the general good accruing to the State by a wider diffusion of education and feeling of increased status which will thereby be produced in the backward communities
The expressions backward classes  and backward communities were used almost interchangeably and that the contained in Article 335 of the Constitution that any reservation made should not impair efficiency was anticipated more than three decades before the Constitution was enacted
The committee submitted its report in 1921 containing its opinion that all communities in the State other than Brahmins should be understood as backward communities regarding whom it made certain recommendations
The 353 Government orders issued on the basis of the Report continued to be in force till 1956 ie there organisation of States which brought together five integrating A units the former State of Mysore including Bellary District Coorg four districts of Bombay certain portions of the State of Hyderabad and the district of Sough Kanara and the Kollegal Taluk which formerly formed part of the State of Madras
There were different lists of backward communities in the five integrating units and they were allowed to continue for sometime even after the reorganisation of States
In order to bring about uniformity the State Government issued a notification containing the list of backward classes for the purpose of Article 154 of the Constitution at the beginning of 1959
The validity of that notification and of another notification issued thereafter on the same topic which according to the State Government had treated all persons except Brahmins Banias and Kayasthas as backward communities was challenged before the High Court of Mysore in Rama Krishna Singh vs State of Mysore AIR The two notifications were struck down by the High Court holding a in as much as the impugned notifications contained list of backward classes including 55 per cent of the population of the State and all Hindu communities other than Brahmins Banias and Kayasthas and all other non Hindu communities in the State except Anglo Indians and Parsees had been treated as backward classes it resulted more in a discrimination against the few excluded communities consisting of about 5 per cent of the total population rather than making provision for socially and educationally backward classes b making provision for communities which were slightly backward to the so called forward communities did not amount to making provision for the communities which really needed protection under Article 154 of the Constitution c socially and educationally backward classes can in some cases be determined on the basis of castes
Therefore the State Government constituted a Committee on January 8 1960 under the Chairmanship of Dr R Nagan Gowda for the purpose of determining the criteria for the classification of backward classes in the State with the following tern s of reference i to suggest the criteria to be adopted in determining which sections of the people in the State should be treated as socially and educationally backward and ii to suggest the exact manner in which the criteria thus indicated should be followed to enable the State Government to determine the persons who should secure such preference as may be determined by Government in respect of admissions to technical institutions and appointment to Government services
The said committee submitted its Interim Report on February 19 1960
On the basis of the Interim Report of the Committee the State Government passed an order dated June 9 1960 regarding admissions to professional and technical institutions reserving 22 per cent of seats for backward classes 15 per cent for Scheduled Castes and 3 per cent for Scheduled Tribes and the remaining 60 percent of seats were allowed to be filled upon the basis of merit
The order of the Government was challenged before the High Court of Mysore in SA Partha  Ors
vs The State of Mysore  Ors
AJR 1961 Mys
The High Court found that the direction contained in the Government order to the effect that if any seat or seats reserved for candidates belonging to the Scheduled Castes 354 and Scheduled Tribes remained unfilled the same shall be filled by candidates A of other backward classes was unconstitutional
It also gave some directions regarding the manner in which the calculation of the quota of reservation be made
Thereafter the Final Report was submitted by the Nagan Gowda Committee on May 16 1961
After taking into consideration the recommendations made in the said Report the State Government issued an order for the purpose of Article 15 4 of the Constitution on July 10 1961
By that order the State Government specified 81 classes of people as backward classes and 135 classes of people as more backward classes and reserved 30 percent of seat professional and technical institutions for backward and more backward classes
15 per cent and 3 per cent of the seats were reserved for Scheduled Castes and Scheduled Tribes respectively and the remaining 52 per cent of the seats were allowed to be filled up on merit
This order was challenged before the Supreme Court under Article 32 of the Constitutions in M R Balaji  Ors vs State of Mysore 1963 Supp
1 SCR 439
In this land mark decision of the Supreme Court the meaning of the term socially and educationally backward classes appearing in Article 154 was explained as The backwardness under Article 154 must be social and educational
It is not either social or educational but it is both social and educational After explaining as to how social and educational backwardness has to be determined and the question of determination of the classes which were educationally backward the court held that the inclusion of the members of the Lingayat community in the list of backward classes was erroneous
On the question of extent of reservation that can be made the Court held that speaking generally and in a broad way a special provision should be less then 50 per cent how much less than 50 per cent should depend upon the relevant prevailing circumstances in each case
 and thus allowed the petition Thereafter the Government passed another order dated July 26 1963 which directed that 30 per cent of the seats in professional and technical colleges and institutions should be reserved for backward classes as defined in that order and that 18 per cent of the seats should be reserved for the Scheduled Castes and Scheduled Tribes
The criteria laid down in that order for determining social and economic backwardness were two fold income and occupation
It stated that those who followed occupations of agriculture petty business inferior service crafts or other occupations involving manual labour and whose family income was less than Rs 1200 per annum were to be treated as belonging to backward classes
This order was questioned before the High Court in DG Viswanath vs Government of Mysore  Ors
R 1964 Mys
132 by some petitioners on various grounds
The High Court dismissed the petitions observing that the determination of the backward classes without reference to caste altogether was not correct and it expressed the hope that the State would make a more appropriate classification lest its bonafides should be questioned
In the appeal filed against this judgment in R Chitralekha  H Anr
v State of Mysore  Ors 196416 SCR 368 the Supreme Court explained the inconsistency between the High Court judgment with the decision in Balaji s case and observed that Two principles stand out prominently from 355 Balaji namely i the caste of a group of citizens may be a relevant circumstance in ascertaining their social backwardness and ii though it is a relevant A factor to determine the social backwardness of class of citizens it cannot be the sole or dominant test in that behalf casts is only a relevant circumstance in ascertaining the backwardness of a class and there is nothing in the judgment of the Supreme Court which precludes the authority concerned from determining the social backwardness of a group of citizens if it can do so without reference to caste While this Court has not excluded caste from ascertaining the backwardness of a class of citizens it has not made it one of compelling circumstances affording a basis for the ascertainment of backwardness of a class
Thereafter the State Government appointed the Karnataka Backward Classes Commission under the Chairmanship of Sri LG Havanur which after an elaborate enquiry submitted its report in four massive volumes on November 191975
The Commission recommended that person belonging to backward classes for purposes of Article 154 of the Constitution should be divided into three groups a backward communities consisting of 15 castes b backward castes consisting of 128 castes and c backward tribes consisting of 62 tribes
For purposes of Article 164 of the Constitution the Commission divided the backward classes into a backward communities consisting of 9 castesb backward castes consisting of 115 castes and c backward tribes consisting of 61 tribes
According to the Commission backward communities were those castes whose student average of students passing SSLC examination in 1972 per thousand of population was below the State average which was 169 per thousand but above 50 per cent of the State average and backward castes and backward tribes were those castes and tribes whose student average was below 50 per cent of the State average except in the case of Dombars and Voddars and those who were Nomadic and de notified tribes
The total population of these backward classes other than Scheduled Castes and Scheduled Tribes according to the Commission was about 45 per cent of total population of the State
The difference between the two lists one under Article 154 and the other under Article 164 of the Constitution was due to the exclusion of certain communities castes and tribes which were socially and educationally backward but which had adequate representation in the services from the list prepared for the purpose of Article 164
The Commission recommended both for purposes of Article 154 and Article 164 the percentage of reservations i Backward communities 16 per cent ii Backward Castes 10 per cent and iii Backward Tribes 6 per cent and total 32 per cent
The reservation of 32 per cent along with 18 per cent reserved for Scheduled Casts and Scheduled Tribes together amounted to 50 per cent of the total seats or posts as the case may be
The Commission further recommended if seatsposts remained unfilled in the quota allotted to backward tribes they should be made over to backward communities and backward castes Similarly if seatsposts remain unfilled in the quota allotted to backward castes they should be made over to backward communities and backward tribes If however seatsposts remain unfilled in the quota allotted to any of those three categories they should be made over to Scheduled Castes and Scheduled Tribes
In the event of seatsposts remaining unfilled by any of these categories they should be transferred to the general pool
356 After considering the said Report the State Government issued an order A dated February 221977 whereunder it listed the Backward communities
Backward Castes and Backward Tribes who shall be treated as Backward classes for purposes of Articles 154 and 164 of the Constitution of India
The order clarified a that only such citizens of these Backward Classes whose family income per annum from all sources if Rs 8000 Eight thou sands only and below shall be entitled to special treatment under these Articles and b that five categories namely an actual cultivator an artisan a petty businessman one holding an appointment either in Government service or corresponding services under private employment including casual labour and any person self employed or engaged in any occupation involving manual labour of citizens shall be considered as a special group such citizens of this special group whose family income is Rs 4800 Rupees four thousand and eight hundred only and below per annum shall be eligible for special treatment under the two Articles
The order further noted that i Family income means income of the citizen and his parents and if either of the parents is dead his legal guardian and b to fix the reservation for purposes of Articles 154 and 164 of the Constitution in respect of the Backward classes and the special group of citizens at 40 per cent the allocation being Backward Communities 20 per cent Backward castes 10 per cent Backward Tribes 5 per cent and special group 5 per cent
In the list of backward communities mentioned in the Government order the State Government included  Muslims  thus making a total of 16 backward communities
In the list of backward castes there were 129 castes including converts into Christianity from Scheduled CastesScheduled Tribes upto second generation and 62 Scheduled Tribes
The reservation for backward classes was 40 percent and taken along with 18 per cent for Scheduled Castes and Scheduled Tribes the total reservation of seatsposts came to 58 per cent leaving only 42 per cent for merit pool
The Government order dated February 22 1977 and another notification dated March 4 1977 issued for purposes of Article 164 had also been challenged in a number of writ petitions filed under Article 226 of the Constitution before the High Court of Karnataka in S Somashekarappa  Ors
v State of Karnataka  Ors Writ Petition No 431 of 1977 and connected writ petition disposed of on April 9 1979
Allowing the petitions the High Court quashed i the inclusion of Arasu  community in the list of Backward Communities  both for purposes of Article 154 and Article 164 ii the inclusion of the a Balija b Devadiga c Ganiga d Nayinda e Rajput and f Satani in the list of backward communities and the inclusion of a Banna b Gurkha c Jat d Konga e Kotari f Koyava g Malayali h Maniyanani or Muniyani i Padatti j Padiyar k Pandavakul l Raval and m Rawat in the list of backward classes for purposes of Article 164 of the Constitution and iii reservation of 20 percent made for Backward communities in the State Civil Services under Article 164 reserving liberty to the State Government to determine the extent of reservation in accordance with law
The classification and reservation in other respects was upheld
Special Leave Petitions Civil No 6656 of 1979 and 985411979 are filed against the said Judgment of the High Court under Article  36 of the Constitution
357 After the said judgment of the High Court by an order dated May 1 1979 the reservation for backward communities was reduced to 18 per cent A for purposes of Article 164
By an order dated June 27 1979 the State Government modified the Government order dated February 22 1977 by increasing the reservation for Special Group  from 5 per cent to 15 per cent both for purposes of Article 154 and Article 164 of the Constitution
Thus as on date the total reservation for purposes of Article 154 is 68 per cent and for purposes of Article 164 is 66 per cent
There are only 32 per cent seats in professional and technical colleges and 34 per cent posts in Government services which can be filled up on the basis of merit
These writ petitions filed under Article 32 of the Constitution of India seek to challenge the Constitutional validity of the State Government orders dated February 221977 as modified by the Government orders dated May 1979 and June 271979
Disposing of the petitions and the appeals by Special Leave the Court expressed their following opinions Per Chandrachud CJ The following propositions on the issue of reservation may serve as a guideline to the Commission which the Government of Karnataka proposes to appoint for examining the question of affording better employment and educational opportunities to Scheduled Castes Scheduled Tribes and other Backward Classes which problem is a burning issue to day
The reservation in favour of scheduled castes and scheduled tribes must continue as to present there is without the application of a means test for a further period not exceeding fifteen years
Another fifteen years will make it fifty years after the advent of the Constitution a period reasonably long for the upper crust of the oppressed classes to overcome the baneful effects of social oppression isolation and humiliation
376 C D 2
The means test that is to say the test of economic backwardness ought to be made applicable even to the Scheduled Castes and Scheduled Tribes after the period mentioned in 1 above
It is essential that the privileged section of the underprivileged society should not be permitted to monopolise preferential benefits for an indefinite period of time
376E F 3
In so far as the Other Backward Classes are concerned two tests should be conjunctively applied for identifying them for the purpose of reservations in employment and education One that they should be comparable to the Scheduled Castes and Scheduled Tribes in the matter of their backwardness and two that they should satisfy the means test such as a State Government may lay down in the context of prevailing economic conditions
376 F G 4
The policy of reservations in employment education and legislative institutions should be reviewed every five years or so
That will at once afford an opportunity i to the State to rectify distortions arising out of particular facts of the reservation policy and ii to the people both backward and non 358 backward to ventilate their views in a public debate on the practical impact of A the policy of reservations
376 H 377 Al Per Desai J For a period of three and half decades the unending search for identifying socially and educationally backward classes of citizens has defined the policy makers the interpreters of the policy as reflected in statutes or executive administrative orders and has added a spurt in the reverse direction namely those who attempted to move upward Pratilom in the social hierarchy have put the movement in reverse gear so as to move downwards Anulom in order to be identified as a group or class of citizens socially and educationally backward
The Constitution promised an egalitarian society it was a caste ridden stratified hierarchical society
Therefore in the early stages of the functioning of the Constitution it was accepted without dissent or dialogue that caste furnishes a working criterion for identifying socially and educationally backward class of citizens for the purpose of Article 154377 D G The language of Article 154 refers to class  and not caste
Preferential treatment which cannot be struck down as discriminatory was to be accorded a class shown to be socially and educationally backward and not to the members of a case who may be presumed to be socially and educationally backward
378 A B It is clear from the decisions of the Supreme Court that same vacillation on the part of the judiciary on the question whether the caste should be the basis for recognising the backwardness
Judiciary retained its traditional blindfold on its eyes and thereby ignored perceived realities
The expression backward classes  is not defined
Courts therefore have more or less in the absence of well defined criteria not based on caste label has veered round to the view that in order to be socially and educationally backward classes the group must have the same indicia as Scheduled Castes and Scheduled Tribes
378 E 384 E F State of Madras vs Srimathi Champakam Dorairajad  Anr   M R Balaji  Ors v State of Mysore 1963 Supp
1 SCR 439 T Devadesan v The Union of India  Anr 19641 4 SCR 680 R Chitralekha  Anr
v State of Mysore  Ors
  Triloki Nath  Anr vs State of Jammu State of Jammu  Kashmir  Ors 1969 I SCR 103 A Peeriakaruppan etc
vs State of Tamil Nadu 1971 2 SCR 430 State of Andhra Pradesh  Ors
vs USV Balram etc 19721 3 SCR 247 Janki Prasad Parimoo  Ors etc etc v State of Jammu  Kashmir  Ors
   State of Uttar Pradesh v Pradip Tandon  Ors  State of Kerala  Anr v N M Thomas  Ors
11976l 1 SCR 906 Kumari K S Jayasree  Anr v The State of Kerala  Anr
  and Akhil Bhartiya Soshit Karamchari Sangh Railway represented by its Assistant General Secretary on behalf of the Association v Union of India  Ors   referred to
A caste is a horizontal segmental division of society spread over a district of a region or the whole State and also sometimes outside it
The 359 concept of purity and impurity conceptualises the caste system
There are four essential features of the caste system which maintained in homo hierarchicus character i hierarchy ii commensality iii restrictions on marriage and iv hereditary occupation
Most of the caste are endogamous groups
Inter marriage between two groups is impermissible
But Pratilom  marriages are not wholly unknown
Similarly with the onward movement of urbanisation members of various castes are slowly giving up traditional occupations and the pure impure avocations is being frowned upon by developing notion of dignity of labour
As the fruits of independence were unequally distributed amongst various segments of the society in each caste there came into existence a triple division based on economic resurgence amongst the members of the caste
Those who have become economically well off have acquired an upper class status class consciousness and the one on the step below is the middle class and the third one belongs to poorer section of the caste
This led to the realisation that caste culture does not help economic interest
In fact the upper crust of the same caste is verily accused of exploiting the lower strata of the same caste
Therefore the basis of the caste system namely purity and pollution is slowly being displaced by the economic condition of the various segments of the same caste
It is recognised on almost all hands that the important feature of the caste structure are progressively suffering erosion
The new organisation the so called caste organisation is substantially different from the traditional caste structure and caste councils
Economic differentiation amongst the members of the caste has become sharp but not so sharp as to bury caste sentiments and ties
In the face of this transformation of the caste structure caste label can not be accepted as the basis for determining social and educational backwardness but the class or the social group should be examined 385 C H 386 A D Caste in rural society is more often than not mirrored in the economic power wielded by it and vice versa
Social hierarchy and economic position exhibit an undisputable mutuality
The lower the caste the poorer its members
The poorer the members of a caste the lower the caste
Caste and economic situation reflecting each other as they do are the Deus ex Machina of the social status occupied and the economic power wielded by an individual or class in rural society
Social status and economic power are so woven and fused into the caste system in Indian rural society that one may without hesitation say that if poverty be the cause caste is the primary index of social backwardness so that social backwardness is often readily identifiable with reference to a person s caste So sadly and oppressively deep rooted is caste in our country that it has cut across even the barriers of religion
The caste system has penetrated other religious and dissentient Hindu sects to whom the practice of caste should be anathema and today we find that practitioner of other religious faiths and Hindu dissentients are some times as rigid adherents to the system of caste as the conservative Hindus
386 E H Shared situation in the economic hierarchy caste gradation occupation habitation style of consumption standard of literacy and a variety of such other factors appear to go to make towards social and educational backwardness
Thus there is a mad rush for being recognised as belonging to a caste 360 which by its nomenclature would be included in the list of socially and A educationally backward classes
Certain castes are known by a number of synonymy which vary from one region to the other and making their complete coverage almost impossible
The only way out would in such a situation is to treat if a particular caste has been treated as backward all its synonyms whether mentioned in the State lists or not as backward
Again some of the castes just for the sake of being considered socially and educationally backward have degraded themselves to such an extent that they had no hesitation in attributing different types of vices to and associating other factors indicative of backwardness with their castes
The only remedy for such a malaise is to devise a method for determining socially and educationally backward classes without reference to caste beneficial to all sections of people irrespective of the caste to which they belong
387 B H 388 A A few other aspects for rejecting caste as the basis for identifying social and educational backwardness are i If State patronage for preferred treatment accepts caste as the only insignia for determining social and educational backwardness the danger looms large that this approach alone would legitimise and perpetuate caste system
It does not go well with our proclaimed secular character as enshrined in the Preamble to the Constitution
The assumption that all members of some caste are equally socially and educationally backward is not well founded
Such an approach provides an over simplification of a complex problem of identifying the social and educational backwardness ii it is recognised reservation has been usurped by the economically well placed section in the same caste and iii the caste is as is understood in Hindu Society unknown to Muslims Parsis Jews etc
As such caste criterion would not furnish a reliable yardstick to identify socially and educationally backward group in the aforesaid communities though economic backwardness would
388 P G 389 AF Therefore the only criterion which can be realistically devised is the one of economic backwardness
To this may be added some relevant criteria such as the secular character of the group its opportunity for earning livelihood etc but by and large economic backwardness must be the load star
389 F Chronic poverty is the bane of Indian Society
Market economy and money spinning culture has transformed the general behaviour of the society towards its members
Upper caste does not enjoy the status or respect traditional voluntary or forced any more even in rural areas what to speak of highly westernised urban society
The bank balance the property holding and the money power determine the social status of the individual and guarantee the opportunities to rise to the top echelon
How the wealth is acquired has lost significance
Purity of means disappeared with Mahatma Gandhi and we have reached a stage where ends determine the means
This is the present disturbing situation whether one likes it or not
389 G H 390 A B Reservation in one or other form has been there for decades
If a survey is made with reference to families in various castes considered to be socially and educationally backward about the benefits of preferred treatment it would 361 unmistakably show that the benefits of reservations are snatched away by the top creamy layer of the backward castes
This has to be avoided at any cost
390 E If economic criterion for compensatory discrimination or affirmative action is accepted it would strike at the root cause of social and educational backwardness and simultaneously take a vital step in the direction of destruction of caste structure which in turn would advance the secular character of the Nation
This approach seeks to translate into reality the twin constitutional goals one to strike at the perpetuation of the caste stratification of the Indian Society so as to arrest progressive movement and to take a firm step towards establishing a casteless society and two to progressively eliminate the disadvantageous sections of the society to raise their position and be part of the mainstream of life which means eradication of poverty
However this does not deal with reservation in favour of Scheduled Castes and Scheduled Tribes
Thousands of years of discrimination and exploitation cannot be wiped out in one generation
But even here economic criterion is worth applying by refusing preferred treatment to those amongst them who have already benefited by it and improved their position
And finally reservation must have a time span otherwise concession tend to become vested interests
391 E H 392 A Per Chinnappa Reddy r
The paradox of the system of reservation that may be made under Articles 154164 read with 292 of the Constitution is that it has engendered a spirit of self denigration among the people
Nowhere else in the world do castes classes or communities queue up for the sake of gaining the backward status
Nowhere else in the world is there competition to assert backwardness and to claim we are more backward than you 
This is an unhappy and disquieting situation but it is stark reality
392 E F 2
The Scheduled Castes the Scheduled Tribes and other socially and educationally backward classes all of whom have been compendiously described as the weaker sections of the people  have long journeys to make unsociety
They need aid they need facility they need launching they need propulsion
Their needs are their demands
The demands are matters of right and not of philanthropy
They ask for parity and not charity
They claim their constitutional right to equality of status and of opportunity and economic and social justice
Several bridges have to be erected so that they may cross the Rubicon
Professional education and employment under the State are thought to be two such bridges
Hence the special provision for advancement and for reservation under Articles 154 and 164 of the Constitution
393 C D 3
Courts are not necessarily the most competent to identify the backward classes or to lay down guidelines for their identification except in a broad and very general way
Courts are not equipped for that Courts have no legal barometers to measure social backwardness and are truly removed from the people particularly those of the backward classes by layer upon layer of gradation and degradation
And India is such a vast country that conditions 362 vary from State to State region to region district to district and from one A ethnic religious linguistic or caste group to another
A test to identify back ward classes which may appear appropriate when applied to one group of people may be wholly inappropriate and unreasonable if applied to another group of people
There can be no universal test there can be no exclusive test there can be no conclusive test
In fact it may be futile to apply and rigid tests
One may to look at the generality and the totality of the situation
398 A C 4
Before attempting to lay down any guideline for the purpose of determining the methods to be adopted for identifying the socially and educationally backward classes one should guard against the pitfalls of the traditional approach to the question which has generally been superior elitist and therefore ambivalent
The result is that the claim of the Scheduled Castes and Scheduled Tribes and other backward classes to equality as a matter of human and constitutional right is forgotten and their rights are submerged in what is described as the Preferential principle or protective or compensatory discrimination
Unless these superior patronising and paternalist attitudes are got rid off
It is difficult to truly appreciate the problems involved in the claim of the Scheduled Castes Scheduled Tribes and other backward classes for their legitimate share of the benefits arising out of their belonging to humanity and to a country whose constitution preaches justice social economic and political and equality of status and opportunity for all
393 E H 5
There is neither statistical basis nor expert evidence to support the assumption that efficiency will necessarily be impaired if reservation exceeds 50 if reservation is carried forward or if reservation is extended to promotional posts
The word efficiency  is neither sacro sanct nor is the sanctorum has to be fiercely guarded Efficiency  is not a Mantra which is whispered by the Guru in the Sishya s ear
The mere securing of high marks at an examination may not necessarily mark out a good administrator
An efficient administrator one takes it must be one who possesses among other qualities the capacity to understand with sympathy and therefore to tackle bravely the problems of a large segment of population constituting the weaker sections of the people
This does not mean that efficiency in civil service is unnecessary or that it is a myth
However one need not make a fastidious fetish of it
It may be that for certain posts only the best may be appointed and for certain courses of study only the best may be admitted
If so rules may provide for reservation for appointment to such posts and for admission to such courses
The rules may provide for an appropriate method of selection
It may be that certain posts require a very high degree of skill or efficiency and certain courses of study require a high degree of industry and intelligence
If so the rules may prescribe a high minimum qualifying standard and an appropriate method of selection
Different minimum standards and different modes of selection may be prescribed for different posts and for admission to different courses of study having regard to the requirements of the posts and the courses of study
But efficiency cannot be permitted to be used as a camouflage to let the upper classes monopolise the services particularly the higher posts and the professional institutions
In view of Articles 154 and 164 the so called 363 controversy between the moratorium and compensatory principles is not of any significance
395 D G H 396 C G 397 F 6
The three dimensions of social inequality are class status and power
Everyone of these three dimensions are intimately and inextricably connected with economic position
Viewed from any of these three dimensions it is clear that the economic factor is at the bottom of backwardness and poverty is the culprit cause and the dominant characteristic
The economic power has firm links with the castes system land and learning two of the primary sources of economic power in India have been the monopoly of the superior castes
Social status and economic power are so woven and fused into the caste system in Indian rural society that one may without hesitation say that if poverty be the cause caste is the primary index of social backwardness so that social backwardness is often readily identifiable with reference to a person s caste
Shared situation in the economic hierarchy caste gradation occupation habitation style of consumption standard of literacy and a variety of such other factors appear to go to make towards social and educational backwardness
398 F 399 C H 400 G H 7
 The backward classes of citizens referred to in Article 164 despite the short description and the same as the socially and educationally backward classes of citizens and the scheduled castes and the scheduled tribes  so fully described in Article 154
Again the  special provision for advancement  is a wide expression any may include many more things besides mere reservation of seats in colleges It may be by way of financial assistance free medical educational and hostel facilities scholarships free transport concessional or free housing exemption from requirements insisted upon in the case of other classes and so on
Under Article 164 reservation is to be made to benefit those backward classes who in the opinion of the Government are not adequately represented in the services
Reservation must therefore be aimed at securing adequate representation
It must follow that the extent of reservation must match the inadequacy of representation
There is no reason why this guideline furnished by the Constitution itself should not also be adopted for the purposes of Article 154 too
The reservation of seats in professional colleges may conveniently be determined with reference to the inadequacy of representation in the various professions
Similarly the extent of reservation in other colleges may be determined with reference to the inadequacy in the number of graduates etc
Naturally if the lost ground is to be gained the extent of reservation may even have to be slightly higher than the percentage of population of the backward classes
403 H 404 A F 8
The ordinary rules of statutory interpretations cannot be applied to interpret constitutional instruments which are sui generis and which deal with situations of significance and consequence
The Constitution must be given a generous interpretation so as to give all its citizens the full measure of justice promised by it
406 D E There is no reason whatever to narrow the concept of equality in Article 161 and refuse to read into it broader concepts of social justice and equality
In fact it is necessary to read Article 161 so as not to come into any conflict 364 with Articles 46 and 335
A constitutional document must be read so as to synthesise its provisions and avoid disharmony
To say that equality means that unequals cannot be treated equally is merely to say what is self evident and common place
Article implies it and it is not implied in Article 161 also
True on a first glance Article 164 appears to save power of the State to make provision for the reservation of appointments and posts in favour of any backward class of citizens but a second look shows that it really recognises a pre existing power and expresses the recognition in an emphatic way lest there should be any doubt caste upon that power
Such a device is not unknown to legislatures and constitution making bodies
Article 164 is more in the nature of a rule of interpretation to guide the construction of Article 161
The possibility of interpreting Article 161 so as to promote the narrower equality rather than the greater equality is excluded by Article 164
425 CE 9
The test of nearness to the conditions of existence of the Scheduled Castes would practically nullify the provision for reservation for socially and educationally Backward Classes other then Scheduled Castes and Tribes would perpetuate the dominance of existing upper classes and would take a substantial majority of the classes who are between the upper classes and the Scheduled Castes and Tribes out of the category of backward classes and put them at a permanent disadvantage
Only the enlightened  classes of body will capture all the open  posts and seats and the reserved posts and seats will go to the Scheduled Castes and Tribes and those very the Scheduled Castes and Tribes
1 he bulk of these behind the enlightened  classes and ahead of the near Scheduled Castes and Tribes would be left high and dry with never a chance of improving themselves
406 G H 407 A 10
On principle there can be a classification in to Backward Classes and More Backward Classes if both classes are not merely a little behind but far behind the most advanced classes
In fact such a classification would be necessary to held the More Backward Classes otherwise those of the Backward Classes who might be a little more advanced than the More Backward Classes might walk away with all the seats just as if reservation was confined to the More Backward Classes and no reservation was made to the slightly more advanced Backward Classes the most advanced Classes would walk away with all the seats available for the general category leaving none for the Backward Classes
409 A D 11
As to the adoption of the test average student population in the last three High School Classes of all High Schools in the State in relation to a thousand citizens of that community as the basis for assessing relative backwardness the adoption of a lower basis may give a false picture
After all if one is considering the question of admission to professional colleges or of appointment to posts the basis possibly should be the average number of students of that community who have passed the examination prescribed as the minimum qualification for admission to professional colleges say in the last three years and perhaps the average number of persons of that community who have graduated in the last three years since graduation is generally the mini mum extent qualification for most posts possibly the extent of reservation may even vary with reference to the class of post
490 D H 365 12
The percentage of reservation is not a matter upon which a Court may pronounce with no materials at hand
For a Court to say that reservations should not exceed 40 per cent 50 per cent or 60 per cent would be arbitrary and the Constitution does not permit us to be arbitrary
410 E F 13
From the historical and sociological background of caste and class the philosophy the reason and the rhetoric behind reservation and anti reservation the Constitutional provisions and the varying judicial stances the following emerges a clearly there exist large sections of people who are socially and educationally backward who stand midway between the forward classes such as the landed the learned the priestly and the trading classes on one side and the out caste and depressed classes ie the Scheduled Castes and the Scheduled Tribes on the otherb Poverty Caste occupation and habitation are the principal factors which contribute to brand a class as socially backward
The customs which they honour and observe the rituals which they fear and practice the habits to which they adapt and conform the festivals which they enjoy and celebrate and even the Gods that they revere and worship are enlightening elements in recognising their social gradation and backwardness c Amongst very many classes and communities considered socially inferior child marriage persists the rule of Saptapadi is not followed divorces are granted by a caste panchayat d dress and work habit is yet another indication that economic situation and social situation often reflect each others e there are many other customs rituals or habits of significance mark out the socially backward class f the weight to be attached to these factors depends upon the circumstances of the case which can only be revealed by thoughtful penetrating investigation and analysis
It cannot be done by means of mathematical formulae but only by looking in the round or taking a look at the entire situation
Sometimes it may be possible to readily identify certain castes or social groups as a whole as socially forward or socially backward classes
Poverty of course is basic being the root cause as well as the rueful result of social and educational backwardness But mere poverty it seems is not enough to invite the constitutional branding because of the vast majority of the people of our country are poverty struck but some among them are socially and educationally forward and others backward
In a country like India where 80 per cent of the people live below the breadline even the majority of the so called socially forward classes may be poor
In the rural social ladder they are indeed high up and despite the economic backwardness of sizeable sections of them they cannot be branded as socially backward
On the other hand there are several castes or other social groups who have only to be named to be immediately identified as socially and economically backward classes identified as socially backward classes
431 F H 432 A F 433 A E R Chitralekha vs State of Mysore   Rajendran vs State of Madras1968 I SCR 721 State of Andhra Pradesh vs P Sagar 19683 SCR 595 Triloki Nath vs State of Jammu  Kashmir   A Peeriakaruppan vs State of Tamil Nadu
1197 1 8CC 38 State of Andhra Pradesh vs Balram   State of Uttar Pradesh vs Pradeep Tandon 11975l 2 SCR 761 XS Jayasree vs State of Kerala   State of Kerala vs NM Thomas 1976 I SCR 906 Akhil Bhartiya Soshit Karamchari Sangh v Union of India  Ors
referred to
366 g True a few members of those caste or social groups may have progressed far enough and forged ahead so as to compare favourably with the leading forward classes economically socially and educationally
In such cases per haps and upper income ceiling would secure the benefit of reservation to such of these members of the class who really deserve it h In the cases of poorest sections of the forward classes the State will have to and it is the duty of the State to do to discover means of assisting them means other than reservations under Article 154 and 164
433 G H 14
In the ultimate analysis attainment of economic equality is the final and the only solution to the besetting problems
There is also one danger in adopting individual property as the criterion to identify a member of the backward classes
The truly lower classes who need the certificate most to prove their poverty will find it difficult to get the certificate from the official or the legislator or any named person 434 B C 15
Class poverty not individual poverty is therefore the primary test
Other ancillary tests are the way of life the standard of living the place in the social hierarchy the habits and customs etc etc
Despite individual exceptions it may be possible and easy to identify social backwardness with reference to caste with reference to residence with reference to occupation or some other dominant feature
notwithstanding our antipathy to caste and sub regionalism these are facts of life which cannot be wished away
If they reflect poverty which is the primary source of social and educational backwardness they must be recognised for what they are along with other less primary sources
There is and there can be nothing wrong in recognising poverty wherever it is reflected as an identifiable group phenomena whether you see it as a caste group a sub regional group an occupational group or some other class
Once the relevant factors are taken into consideration how and where to draw the line is a question for each State to consider since the economic and social conditions differ from area to area
Once the relevant conditions are taken into consideration and the backwardness of a class of people is determined it will not be for the court to interfere in the matter
But certainly judicial review will not stand excluded
334 D G Per AP Sen J 1
Conceptually the making of special provisions for the advancement of backward classes of citizens under article 154 and the system of reservation of appointments or posts as envisaged by article 164 as guaranteed in the Constitution is a national commitment and a historical need to eradicate age old social disparities in our country
But unfortunately the policy of reservation higher to formulated by the Government for the upliftment of such socially and educationally backward classes of citizens is caste oriented while the policy should be based on economic criteria
Then alone the element of caste in making such special provisions or reservations under articles 154 and 164 can be removed
435B D 2
It is true that mere economic backwardness would not satisfy the rest of educational and social backwardness under Article 154 and is only 367 One of several tests to be adopted
The predominant and the only factor for making special provisions under Article 154 or for reservations of posts and appointments under article 164 should be poverty and caste or a sub caste or a group should be used only for purposes of identification of persons comparable to Scheduled Castes or Scheduled Tribes till such members of backward classes attain a state of enlightenment and there is eradication of poverty amongst them and they become equal partners in a new social order in our national life
435 H 436 C D 3
The adequacy or otherwise of representation of the backward classes in the services has to be determined with reference to the percentage of that class in the population and the total strength of the service as a whole
The representation does not have to exactly correspond to the percentage of that class in the population it just has to be adequate
Moreover in the case of services the extent of representation has to be considered by taking into account the number of members of that class in the service whether they are holding reserved or unreserved posts
436 E F 4
The State should give due importance and effect to the dual constitutional mandates of maintenance of efficiency and the equality of opportunity for all persons
The nature and extent of reservations must be rational and reasonable
The state of backwardness of any class of citizens is a fact situation which needs investigation and determination by a fact finding body which has the expertise and the machinery for collecting relevant data
The Constitution has provided for the appointment of such a Commission for Backward Classes by the President under article 340 to make recommendations and left if to the States to make special provisions for advancement of such backward classes
It may be and often is difficult for the Court to draw the line in advance which the State ought not to cross but it is never difficult for the Court to know that an invasion across the border however ill defined has taken place
The Courts have neither the expertise nor the sociological knowledge to define or lay down the criteria for determining what are socially and educationally backward classes of citizens  within the meaning of article 154 which enables the State to make special provisions for the advancement  of such classes notwithstanding the command of article 152 that the State shall not discriminate against any citizens on the ground only of religion race caste descent place of birth residence or any of them
The Supreme Court is ill equipped to perform the task of determining whether a class of citizens is socially and educationally backward but however a duty to interpret the Constitution and to see what it means and intends when it makes provision for the advancement of socially and educationally backward classes
In considering this situation then Courts must never forget that it is the Constitution they are expounding
Except for this the Court has very little or no function
436 G H 437 A D 5
The Preamble to our Constitution shows the nation s resolve to secure to all its citizens Justice Social economic and political
The State s objective of bringing about and maintaining social justice must be achieved reasonably having regard to the interests of all
Irrational and unreasonable moves by the State will slowly but surely tear apart the fabric of society
It is primarily the 368 duty and function of the state to inject moderation into the decisions taken under articles 154 and 164 because justice lives in the hearts of men and a growing sense of injustice and reverse discrimination fueled by unwise State action will destroy not advance social justice
If the State contravenes the constitutional mandates of article 161 and article 335 the Supreme Court will of course have to perform its duty
437 F G 6
The extent of reservation under article 154 and article 164 must necessarily vary from State to State and from region to region within a State depending upon the conditions prevailing in a particular State or region of the Backward Classes
Since the problems pertaining in reservation can never be resolved through litigation in the Courts the Central Government should consider the feasibility of appointing a permanent National Commission for Backward Classes which must constantly carry out sociological and economic study from State to State and from region to region within a State
The framers of the Constitution by enacting article 340 clearly envisaged the setting up of such a high powered National Commission for Backward Classes at the Centre
437 H 438 A B 7
The doctrine of protective discrimination embodied in articles 154 and 164 and the mandate of article 292 cannot be stretched beyond a particular limit
The State exists to serve its people
There are some services where expertise and skill are of the essence
Medical services directly affect and deal with the health and life of the populace
Professional expertise born of knowledge and experience of a high degree of technical knowledge and operational skill is required of pilots and aviation engineers
The lives of citizens depend on such persons
There are other similar fields of governmental activity where professional technological scientific or other special skill is called for
In such services or posts under the Union or States there can be no room for reservation of posts merit alone must be the sole and decisive consideration for appointments
438 C E Per Venkataramiah J 1
Equality of opportunity revolves around two dominant principles i the traditional value of equality of opportunity and ii the newly appreciated not newly conceived idea of equality of results
The Society which cherishes the ideal of equality has to define the meaning and consent of the concept of equality and the choices open to it to bring about an egalitarian society would always be political
But the Courts have been forced to scrutinise a variety of choices while society for which they have to answer has been issuing a proliferation of demands
Many inequalities in the past seemed almost to have been part of the order of nature
The Courts however deal with the problems that society presents
Levels of awareness and corresponding senses of grievance have arisen at different times for particular historical reasons often tending to differentiate among the categories of equality rather than unifying them
Inequalities of class race religion and sex have presented themselves at different periods as primary grievances 
The Courts must remind themselves that for those who are suffering from deprivation of inalienable rights gradualism can never be a sufficient remedy
Ours is a struggle for status a struggle 369 to take democracy off parchment and give it life  Social injustice always balances its books with red ink 
Neither the caprice of personal taste nor the protection of vested interests can stand as reasons for restricting opportunities of any appropriately qualified person
These are the considerations which sometimes may be conflicting that should weigh with the courts while dealing with cases arising out of the doctrine of equality
It should however be remembered that the courts by themselves are not in a position to bring the concept of equality into fruitful action
They should be supported by the will of the people of the Government and of the legislators
These should be an emergence of united action on the part of all segments of human society
This is not all
Mere will to bring about equality under the existing economic level might worsen the situation
There should be at the same time a united action to increase the national resources so that the operation of equality will be less burdensome and every member of the society is carried to a higher social and economic level leaving nobody below a minimum which guarantees all the basic human needs to every member of the society
If there is no united action the pronouncements by courts would become empty words as many of the high principles adumberated in the chapter on the Directive Principles of State Policy in the Constitution have turned out to be owing to several factors
440 B H 441 A 2
The need for social action is necessitated by the environmental factors and living conditions of the individuals concerned
The application of the principle of individual merit unmitigated by other considerations may quite often lead to inhuman results 1441 G 3
An examination of the question of the background of the Indian Social conditions caste ridden atmosphere shows that the expression backward classes used in the Constitution referred only to those who were born in particular castes or who belonged to particular races or tribes or religious minorities which were backward
This is so because a caste is based on various factors sometimes it may be a class a race or a racial unit and the caste of a person is governed by his birth in
the family
459 E 457 F It is significant that the expression backward classes used in Part XVI of the Constitution and in particular in Article 3383 is used along with the Scheduled Castes the Scheduled Tribes and the Anglo Indian Community
The meaning of backward classes has therefore to be deduced along with the other words preceding it
462 G It is a rule of statutory construction that where there are general words following particular and specific words the general words must be confined to things of the same kind as those specified
It is true that this rule which is called as the ejusdem generise rule or the rule noscitur a sociis cannot be carried too far
But it is reasonable to apply that rule where the specific words refer to a distinct genus or category
462 H 463 A Part XVI of the Constitution deals with certain concessions extended to certain castes tribes and races which are Scheduled Castes and Scheduled Tribes and to the Anglo Indian community
In the context if Article 3383 and 370 Article 340 are construed the expression backward classes  can only refer to A certain castes races tribes or communities or parts thereof other than Scheduled Castes Scheduled Tribes and the Anglo Indian community which are backward
Clause 6 of the resolution regarding the aims and objects of the Constitution moved by Pandit Jawaharlal Nehru on December 13 1946 and the history of the enactment of Part XVI of the Constitution by the Constituent Assembly lead to the conclusion that backward classes are only those castes races tribes or communities which are identified by birth which are backward
It is thereforedifficult to hold that persons or groups of persons who are backward merely on account of poverty which is traceable to economic reasons can also be considered as backward classes for purposes of Article 164 and Part XVI of the Constitution
463 C D 466 G H The Drafting Committee by qualifying the expression class of citizens by backward in Article 164 of the Constitution tried to reconcile three different points of view and produced a workable proposition which was acceptable to all the three points of view being i that there should be equality of opportunity for all citizens and that every individual qualified for a particular post should be free to apply for that post to sit for examinations and to have his qualifications tested so as to determine whether he was fit for the post or not and that there ought to be no limitations there ought to be no hindrance in the operation of the principle of equality of opportunity ii that if the principle of equality of opportunity was to be operative there ought to be no reservations of any sort for any class or community all and that all citizens if they qualified should be placed on the same footing of equality as far as public services were concerned and iii that though the principle of equality of opportunity was theoretically good there must at the same time be a provision made for the entry of certain communities which have so far been outside the administration
The whole tenor of discussion in the Constituent Assembly pointed to making reservation for a minority of the population including Scheduled Castes and Scheduled Tribes which were socially backward
465 G H 466 A B 4
In Balaji s case and in Chitralekha s case the Supreme Court exhibited a lot of hesitation in equating the expression class  with caste  for purposes of Article 154 and 164 of the Constitution
The juxtaposition of the expression backward classes  and Scheduled Castes  in Article 15 of the Constitution according to the above two decisions led to a reasonable inference that expression classes  was not synonymous with caste 
The Court while making these observations did not give adequate importance to the evils of caste system which had led to the backwardness of people belonging to certain castes and the debates that preceded the enactment of Part XVI and Article 154 and Article 164 of the Constitution
What was in fact over looked was the history of the Indian social institutions
The makers of the Indian Constitution very well knew that there were a number of castes the conditions of whose members were almost similar to the conditions of members belonging to the Scheduled Castes and to the Scheduled Tribes and that they also needed to be given adequate protection in order to tide over the difficulties in the way of their progress which were not so much due to poverty but due to their birth in a particular caste
Part XVI was not enacted for the 371 purpose of alleviating the conditions of poorer classes as such which was taken care of by the provision of Part IV of the Constitution and in particular by Article 46 and by Article 14 Article 151 and Article 161 of the Constitution which permitted classification of persons on economic grounds for special treatment in order to ensure equality of opportunity to all persons The views expressed by the Supreme Court however stood modified by the later decisions
466 D H 467 A B Minor P Rajendran vs State of Madras  Ors
19681 2 SCR 786 State of Andhra Pradesh  Anr
vs P Sagar  Triloki Nath  Anr
vs State of Jammu  Kashmir  Ors
19691 I SCR 103 A Peeriakaruppan etc
vs State of Tamil Nadu  Ors
11971 2 SCR 430 State of Andhra Pradesh  Ors
vs USV Balram etc
 referred to
If the view that caste or community is an important relevant factor in determining social and educational backwardnesses for purposes of Articles 54 and 164 of the Constitution is departed from several distortions are likely to follow and may take away from the sole purpose for which these constitutional provisions were enacted
Several factors such as physical disability poverty place of habitation the fact of belonging to a freedom fighter s family the fact of belonging to the family of a member of the armed forces might each become a sole factor for the purpose of Article 154 or Article 164 which were not at all intended to be resorted to by the State for the purpose of granting relief in such cases
While relief may be given in such cases under Article 151 and Article 161 by adopting a rational principle of classification Article 14 Article 154 and Article 164 cannot be applied to them
Article 154 and Article 164 are intended for the benefit of those who belong to castescommunities which ale traditionally disfavoured and which have suffered societal discriminations  in the past
The other factors mentioned above were never in the contemplation of the makers of the Constitution while enacting these clauses
472 A D DN Chanchala vs State of Mysore  Ors etc
1971 Supp
SCR 608 State of Kerala vs Kumari TP Roshana  Anr   Kumari MS Jayasree  Anr
vs State of Kerala  Anr
1977 1 SCR 94 State of Uttar Pradesh vs Pradip Tandon  Ors   Subhash Chandra vs The State of UP  Ors
AIR 1973 All 295 Dilip Kumar vs The Government of UP  Ors
AIR 1973 All 592 referred to
Article 14 of the Constitution consists of two parts
It asks the State not to deny to any person equality before law
It also asks the State not to deny the equal protection of the laws
Equality before law connotes absence of any discrimination in law
The concept of equal protection required the State to meet out differential treatment to persons in different situations in order to establish an equilibrium amongst all
This is the basis of the rule that equals should be treated equally and unequals must be treated unequally if the doctrine of equality which is one of the corner stones of our Constitution is to be duly implemented
In order to do justice amongst unequals the State has to resort to compensatory or protective discrimination
Articles 154 and 164 of the Constitution were enacted as measures of compensatory or protective 372 discrimination to grant relief to persons belonging to socially oppressed castes and minorities
Under them it is possible to provide for reservation of seats in educational institution and of posts in Government services to such persons only
But if there are persons who do not belong to socially oppressed castes and minorities but who otherwise belong to weaker sections due to poverty place of habitation want of equal opportunity etc
the question arises whether such reservation can be made in their favour under any other provision of the Constitution such as Article 14 Article 151 Article 161 or Article 46
According to Thomas s case a no reservation of posts can be made in Government services for backward classes including Scheduled Castes and Scheduled Tribes under Article 14 or Article 16 1 and b preferential treatment as was done in this case on the basis of classification ordinarily could be given under Article 161 to the Scheduled Castes and Scheduled Tribes only
Other backward classes could not except in exceptionally rare cases be extended the same benefit and their only hope was Article 164 of the Constitution
477 A E 485 G H 7
As to the power of the Government to make reservations under Article 154 and 164 of the Constitution The determination of the question whether the members belonging to a caste or a group or a community are backward for the purpose of Article 154 and Article 164 of the Constitution is not open to the Government to call any caste or group or community as backward according to its sweet will and pleasure and extend the benefit that may be granted under those provisions to such caste or group or community
The exercise of uncontrolled power by the Government in this regard may lead to political favoritism leading to denial of the just requirements of classes which are truly backward
The power of the Government to classify any caste or group or community as backward has to be exercised in accordance with the guidelines that can be easily gathered from the Constitution
It is now accepted that the expressions socially and educationally backward classes of citizens  and the Scheduled Castes and the Scheduled Tribes  in Article 154 of the Constitution together are equivalent to backward classes of citizens  in Article 164
486 A D Further the criterion for determining the backwardness must not be based solely on religion race caste sex or place of birth and the backwardness being social and educational must be similar to the backwardness from which the Scheduled Castes and the Scheduled Tribes suffered
This view is in conformity with the intention underlying clause 6 of the resolution regarding the aims and objects of the Constitution moved by Jawaharlal Nehru on December 131946 which asked the Constitution Assembly to frame a Constitution providing adequate safeguards for minorities backward and tribal area and depressed and other backward classes and also wish the provisions of Article 338 and Article 340 of the Constitution
Unless the above restriction is imposed on the Government it would become possible for the Government to call any caste or group or community which constitutes a powerful political lobby in the State as backward even though in fact it may be an advanced caste or group or community but just below some other forward community
486 H 487 C D 373 There is another important reason why such advanced castes or groups or communities should not be included in the list of backward classes and that A is that if castes or groups and communities which are fairly well advanced and castes and groups and communities which are really backward being at the rock bottom level are classified together as backward classes the benefit of reservation would invariably be eaten up by the more advanced sections and the really deserving sections would practically go without any benefit as more number of children of the more advanced castes or group or communities amongst them would have scored higher marks than the children of more backward castes or groups or communities
In that even the whole object of reservation would become frustrated
487 D F Hence as far as possible while preparing the list of backward classes the State Government has to bear in mind the above principle as a guiding factor
The adoption of the above principle will not unduly reduce the number of persons who will be eligible for the benefits under Article 154 and Article 164 of the Constitution since over the years the level of the Scheduled Castes and Scheduled Tribes is also going up by reason of several remedial measures taken in regard to them by the State and Central Government
At the same time it will also release the really backward castes groups and communities from the strangle hold of many advanced groups which have l ad the advantage of reservation along with the really backward classes for nearly three decades
It is time that n ore attention is given to those castes groups and communities who have been at the lowest level suffering from all the disadvantages and disabilities except perhaps untouchability to which many of the Scheduled Castes and Scheduled Tribes have been exposed but without the same or similar advantages that flow from being included in the list of the Scheduled Castes and the Scheduled Tribes
487 H 488 A B Janki Prasad Parimoo  Ors etc
vs State of Jammu  Kashmir  Ors  referred to
Since economic condition is also a relevant criterion it would be appropriate to incorporate a means test  as one of the tests in determining the backwardness as was done by the Kerala Government
These two tests namely that the conditions of caste or group or community should be more or less similar to the conditions in which the Scheduled Castes or Scheduled Tribes are situated and that the income of the family to which the candidate belongs does not exceed the specified limit would serve as useful criteria in determining beneficiaries of any reservation to be made under Article 154
For the purpose of Article 164 however it should also be shown that the backward class in question is in the opinion of the Government not adequately represented in the Government services
488 C i 9
The classification styled as special  group which is based on occupation cum income considerations and which has received the approval in Chitralekha s case is yet another valid and useful test which can be adopted for the purpose of reservation which can be more legitimately traced to article 14 and not to article 154 and article 164
491 H 374 10
From a careful consideration of all the seven opinions in the A Thomas s case it cannot be said that the settled view of the Supreme Court that the reservation under Article 154 or Article 164 could not be more than 50 per cent has been unsettled by a majority on the Bench which decided this case
491 B 11
If reservation is made only in favour of those backward castes or clauses which are comparable to the Scheduled Castes and Scheduled Tribes it may not exceed 50 per cent including 18 per cent reserved for the Scheduled Castes and Scheduled Tribes and 15 per cent reserved for special group  in view of the total population of such backward classes in the State of Karnataka
The Havanur Commission has taken the number of students passing at SSLC examination in the year 1972 as the basis for determining the backwardness
The average passes per thousand of the total population of the State of Karnataka was 169 in 1972
The average in the case of the Scheduled Castes was 056 and in the case of Scheduled Tribes was 051
Even if we take all the castes tribes and communities whose average is below 50 per cent of the State average ie below 85 per cent for classifying them as backward large chunks of population which are now treated as backward would have to go out of the list of backward classes
Consequently the necessity for reservation which would take the total reservation under Article 154 and 14 beyond 50 per cent of the total number of seatsposts would cease to exist
The present arrangement has been worked for more than five years already
It is now necessary to redetermine the question of backwardness of the various castes tribes and communities for purposes of Article 154 and Article 164 in the light of the latest figures to be collected on the various relevant factors and to refix the extent of reservation for backward classes
The reservation of 15 now made under Article 154 and Article 164 but which may be traced to Articles 14 and 161 to special group  based on occupation cum income can in any event be availed of by members of all communities and castes
491 C G 12
However it should be made clear that if on a fresh determination some castes or communities have to go out of the list of backward classes prepared for Articles 154 and 164 the Government may still pursue the policy of amelioration of weaker sections of the population amongst them in accordance with the directive principle contained in Article 46 of the Constitution
There are in all castes and communities poor people who if they are given adequate opportunity and training may be able to compete success fully with persons belonging to richer classes
The Government may provide for them liberal grants of scholarships free studentships free boarding and lodging facilities free uniforms free mid day meals etc
to make the life of poor students comfortable
The Government may also provide extra tutorial facilities stationery and books free of cost and library facilities
These and other steps should be taken in the lower classes so that by the time a student appears for the qualifying examination he may be able to attain a high degree of proficiency in his studies