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Summary
Polity Class 11

A brief overview of the previous class (05:00 PM)

CONCEPT OF EQUALITY- USA v/s INDIA (05:05 PM)

  • Equality has been achieved in only an egalitarian society I.e. no class differences. But there is no society that is egalitarian in nature.
  • Procedural equality v/s substantive equality
  • Procedural equality-
  • The USA also has racial inequality (Blacks & other communities v/s White community).
  • The backward community does not have access to education, health, and other. In public employment USA does not give any reservation, it is totally based on merit.
  • The government provides free education, free health facilities, and free skill so that they can be empowered and can come at par with the white community.
  • They have to compete with the white community on an equal level playing field. 
  • Substantive equality-
  • In India, we belied that these communities have been deprived of their rights for many years.
  • So the government believed in the concept of Equity (Biased in favour of some communities).
  • So we opted for positive discrimination/ affirmative action. So India focused on outcomes and not only on instruments or procedures.
  • Direct inducements like free education are not sufficient so we are giving them substance as well as procedure. We focused more on substance. 
  • Which is a better one?- 
  • In the USA, first economic democracy (Industrial revolution) emerged then social democracy, and then political democracy so they can focus on procedural equality. So the USA can focus on instruments. The conditions of the USA are different from India.
  • In India, the Industrial revolution does not happen thus we have to focus on the substance as well as the procedure. India also focused on output and outcomes
  • Discrimination v/s Affirmative action 
  • Discrimination- It means to make an adverse distinction. It also means distinguishing unfavourably from others. 
  • Affirmative action is positive discrimination. 
  • Discrimination for positive purposes or for constructive purposes- Positive discrimination 

Comparative analysis between India and USA regarding the right to equality (05:29 PM)

  • USA INDIA
    The right to equality is derived from the Bill of rights Our constitution makers have included this Right to equality in Fundamental Rights
    In the USA, this right to equality was included as part of the 14th Amendment to their constitution in 1868 FRs are included in part III of our constitution
    In the USA, the right to equality emphasizes more on equal protection of laws. It is a positive concept.  In India, the right to equality includes both equality before the law and equal protection of the law. It includes both British and American concepts.
    In the USA, the emphasis is more on civil and legal equality. In India, the emphasis is on Civil, legal, socio, and economic equalities. 
    In the USA, the focus is on procedural equality i.e. equality of opportunities. The objective is to make weaker sections equal to other sections by providing them with free education, health, and so on. So that there will be equality of opportunities.  In India, apart from procedural equality our constitutional makers also focused on substantive equality. It means it will go beyond the equality of opportunities and focus more on the equality of outcomes. It also prevents discrimination (negative ) and abolishes untouchability. 
  • Our constitutional forefathers thought that we must end discrimination and the same time we must promote the interest and welfare of the socially and educationally backward classes. We must empower them. This is the concept of EQUITY. 

ARTICLE 15 OF THE INDIAN CONSTITUTION CONTINUED... (05: 43 PM)

  • Why untouchability came into existence?
  • In ancient times, there was no caste system (Harappan era). With the development, of Iron, a sedentary lifestyle started, and they started cultivating the land. 
  • After that, they moved towards a hierarchical society- Landless and landlordism.
  • After that, they moved towards the monarchy. then the caste system came into existence. 
  • Society was backward and people were unknown of the natural phenomenon then, Brahmins became the medium through which they can connect with god. 
  • Later Janpadas and Mahajanpadas evolved with better societal life. The people living in forests wanted to integrate with the Mahajanpadas. 
  • The outsiders were integrated but they have to stay outside the city limits. 
  • The people living outside the city limits were called Untouchables. 
  • After this in independent India, reservation provisions were enacted to do justice to the historical wrongs. 
  • What was supposed to be for 10 years (Dr B R Ambedkar), became a political tool/ instrument for the politicians. 
  • The concept of reservation has become a political tool rather than a tool to do social justice. 
  • There are 4 exceptions to Article 15 i.e. to non-discrimination
  • 1) The state is permitted to make special provisions for women and children. For Example- Reservations for women in Local self-governments, the Right to Education- children are given Free and compulsory education between 6-14 years and a Mid-day meal scheme. 
  • [* Why reservations have failed ?- Political democracy is meaningless without social and economic democracy that is why reservation has failed to bring empowerment].
  • 2) The State is also permitted to make any special provisions for the advancement of any socially and educationally backward sections of society or for SCs and STs. Examples- Reservations, Providing free education, and other subsidies to these sections of this society.  
  • 3) The State is also empowered to make special provisions for the advancement of socially and educationally backward sections and also for SCs and STs in admission into academic institutions including private educational institutions whether they are aided or unaided by the state, except for minority educational institutions. 
  • 4) The state is also empowered to make special provisions for the advancement of any economically weaker sections of society (103rd Constitutional amendment 2019). The state is also allowed to make a provision for the reservation of up to 10% of seats for economically weaker sections in admission into educational institutions including private educational institutions except for minority educational institutions. 
  • Note:- Economically weaker sections would be notified by the state from time to time on the basis of their family income and other indicators
  • Note:- 93rd Constitutional Amendment Act has provided 27% reservations to OBCs in all central higher education institutions including IITs and IIMs. This was passed in 2005. SC in 2008, directed the central government to exclude the Creamy layer among the OBCs while implementing these reservations. 

ARTICLE 16 OF INDIAN CONSTITUTION - EQUALITY OF OPPORTUNITY IN PUBLIC EMPLOYMENT (06:19 PM)

  • Article 16 provides for equality of opportunities for all citizens in matters of employment or appointment to any office under the state. No citizen can be discriminated against for any employment or office under the state only on the grounds of Religion, Race, Caste, Sex, Descent, Place of birth, or Residence. 
  • There are 4 exceptions to Article 16
  • 1) Parliament can prescribe Residence as a condition for certain employment or appointment in a state or Union territory, or, Local authority, or any other authority. At present, this provision is applicable only to the states of Andhra Pradesh and Telangana under Article 371 D. 
  • [* Why State assembly is not given power?- The idea of India will vanish. The idea of the fraternity will vanish. There will be more identities. The unity and integrity of the nation will be threatened.]
  • 2) The state can provide for reservations or appointments in favour of any backward class i.e. not adequately represented in the state services. 
  • 3) A law can also provide that the incumbent of an office related to religious or denominational institutions or a member of its governing body should belong to that particular religion or denomination. 
  • [* The state can come out with a law and state that the temple trust or other religious institutions can say that the priest and members should belong to a particular caste, religion, community, etc]
  • 4) The state is permitted to make a provision for the reservations up to 10% of appointments or posts in favour of any economically weaker sections of citizens. This reservation can be up to 10% in addition to existing reservations.  

RESERVATIONS (06:57 PM)

  • In 1979, Janta party Government appointed a commission under the chairmanship of Justice V P Mandal under article 340 to investigate the conditions of socially and educationally backward classes and suggest measures for their advancement. 
  • It has been identified that they constitute 52% of the overall population excluding SCs and STs. It has recommended 27% of reservations to these sections so that overall reservations do not exceed 50%. 
  • In 1990, the National Front government led by V P Singh declared reservations of 27% in government jobs to OBCs. 
  • In 1991, the congress government introduced two changes
  • a) Preference will be given to the poorest sections among OBCs in the 27% quota 
  • b) Another 10% of reservations would be given to other economically backward sections that are not covered by the existing scheme of reservations. 
  • SC came out with a famous Judgment in the Mandal case wherein it ruled that the creamy layer (Advanced sections) should be excluded among the OBCs from the list of beneficiaries. 
  • It has also ruled that no reservations can be given in promotions. 
  • The total reserved quota should not exceed 50% except in extraordinary circumstances. It has struck down EWS reservations. 
  • In 2019, the 103rd constitutional amendment Act provided reservations for economically weaker sections among forward castes. The SC has upheld these reservations with a 3:2 majority verdict.
  • Can reservations be solutions to the problems of increasing poverty and unemployment?
  • In 1991, India opted for Liberalization, Privatization, and Globalization, the tole of state has changed drastically in the age of globalization. At the same time, the country also witnessed competitive populism in elections. India has first past the post electoral system.
  • It gives opportunities for political parties to create vote banks through Identity politics i.e. they can easily command the loyalty of different sections of society by promising them benefits in the form of reservations
  • Question:- Analyze the distinguishing features of the notion of equality in the constitutions of the USA and India. (250 words/ 15 marks). 

The Topic for the next class:- Articles 16, 17, and 18 of the Indian constitution.