Articles of Indian Constitution have on many occasions been deflected and misinterpreted by the judiciary. The State of Karnataka took steps to rectify and prevent messing up of the articles according to the whims and fancies of the custodians of law. Hence, when Devaraj Urs was the Chief Minister of Karnataka in 1972, a Commission was constituted, headed by an eminent, experienced and renowned legal expert Advocate L.G.Havanur. The objective was the Welfare of the Backward Classes of Karnataka.
The report of this Commission was submitted to the Government of Karnataka in 1975. It was a well researched document projecting the sufferings of the backward classes and the oppressed people of Karnataka. That report was a turning point in the history of Social Justice. It led to several reforms and relief measures. As 50 years have passed since the formation of the Commission, the Golden Jubilee of Havanur Commission was celebrated in commemoration on 8th August 2022 at Bengaluru by the Karnataka State Backward Castes Federation.
Related articles
Chief Guest’s Address – Dr.K. Veeramani
Asiriyar Dr.K. Veeramani, President, Dravidar Kazhagam graced the occasion as the chief guest and delivered his Address. The gist of his speech was as follows:
“The backward, suppressed people of Karnataka were languishing for a long period leading their life engulfed in darkness. Havanur Commission Report made the dusk fall and illuminated their life. The report was not just a document confined to Karnataka; it was a pathfinder for the State of Tamil Nadu and for the whole of the Indian Sub-continent. The suppressed and oppressed people were able to qualify themselves and rise in society by occupying coveted posts and positions all over Karnataka. The report of Havanur Commission had an impact on all the States.
When the former minister of Karnataka, Basavalingappa visited Chennai on 24th May, 1978, he offered us a copy of the Havanur Commission Report, with his signature as a token of his social justice spirit. On 8th March, 2003, Havanur himself met us at Periyar Thidal, the Head Quarters of our D.K. Movement in Chennai. He gave us a copy of the same report with his signature. Both the copies are with us as invaluable possessions.
In his covering letter for the Commission’s report, Havanur had written thus:
“Language of the Constitution, in so far as it relates to backward classes, is simple and unambiguous. But the language of the judiciary in interpreting the Constitutional provisions is highly ambiguous and complicated. In giving meaning to the expression ‘backward classes’, in suggesting the criteria for social and educational backwardness and in prescribing a maximum extent of reservation, judiciary did not assign reasons based on sufficient relevant material.”
The words of Havanur reveal as clear as crystal the nobility of Social Justice policy.
Havanur had further pointed out that in judicial services the representation of the suppressed classes is negligible. He had stressed the dire need of reservation in the appointment of judges in High Courts and the Supreme Court. This is being strategically avoided by clinging to just three words — “Ultra Vires Constitution.”
Social justice is to be conserved by all of us as per Article 15(4) of our Constitution. We must be alert and vigilant at all times remembering the golden words “Eternal Vigilance is the price of Liberty.”
By collective efforts, all of us should make L.G.Havanur’s dream come true. The stipulations related to social justice, adumbrated in our Constitution are not painted tigers in print; they could pounce as tigers alive, when need arises. May Periyar thought and L.G.Havanur’s dreams establish absolute social justice at the earliest.
Inaugural Address – Siddaramaiah, Former CM
The former Chief Minister of Karnataka, Siddaramaiah addressed the audience at the Golden Jubilee Seminar and explained the impact and achievements pertaining to Havanur Commission Report. The gist of his speech was as follows:
“The history of Social Justice in Karnataka began during the rule of the king of Mysore, Krishnaraja Udayar IV. He had always been in its favour. A group of backward class people met him and conveyed their grievances, caused by the domination of upper caste people. The fight for social justice commenced with the initial steps taken by the king and it continues till this date.”
“The betrayal of the oppressed people led to reservations. The scheduled castes, backward classes and scheduled tribes demanded opportunities in education and employment. Inequality persists even today in all aspects. During 1994-95, I was a member of the sub-committee formed in Karnataka to chalk out measures for the welfare of the backward classes. By our collective efforts reservations to the backward classes were granted to some extent. We succeeded in obtaining reservations even for SC / ST groups and women of all classes. That was our first achievement.”
“Rama Jois, who was the Chief Justice (Acting) at the High Court of Karnataka protested against those reservations and moved the Supreme Court. He was supported by the BJP, which has never been in favour of social justice and reservations. As I was with the Congress and since I had been protesting against the BJP and the RSS, I was severely criticised and condemned, but my fight for social justice continued. Havanur Commission Report faced wild protest in the Karnataka State Assembly. The copy was torn into pieces by our opponents. At last in 1977 it was ratified and implemented after our inexplicable struggle.”
“During my tenure as the Chief Minister of Karnataka, I implemented several schemes for the upliftment and progress of SC / ST communities. Development plans were successfully accomplished in my governance.”
“Dr.K.Veeramani was quite right when he pointed out that the backward as well as SC / ST communities should get priority in High Court and Supreme Court appointments. Reservation is the first step for equality. Political democracy, communal democracy and economic democracy are essential for absolute equality. Caste discriminations are the root cause of inequality. This should be eradicated by collective effort.”
“Havanur Commission Report brought about relief for the backward classes in Karnataka only to some extent. This is insufficient. We have still a long way to go. The fault lies in our own people. Our fights are not vigorous. People should wake up from slumber and strive all together. In State Assemblies and in the Parliament, the backward classes must acquire reservation. That would lead to their adequate representation in all sectors. Let us all fight for our right using our synergy.”
Key-note address Prof. Ravivarma Kumar
Sri. Siddaramaiahji, Dr. K. Veeramani, the other dignitaries on the dais, ladies and gentlemen.
After reorganization of States, it was found that there were several lists of Backward Classes, each different for the newly added regions for the purposes of reservation under Articles 15(4) and 16(4) of the Constitution of India. In order to bring uniformity and have one list of Backward Classes applicable to the whole State Dr.Nagana Gowda Committee was constituted and it presented its Report in the year 1961. It did not include the Lingayat Community as a Backward Class. However, while issuing the Government Order by an ingenious manipulation that Community was also added to the list of Backward Classes. On 23.9.1962, the Hon’ble Supreme Court of India struck down the said Government Order as a fraud on the Constitution. Taking undue advantage of the quashing of the Government Order, the then Government denied reservation to all the Castes and Tribes included in the Backward Classes list by the said Nagana Gowda Committee. On the contrary it introduced the concept of economic backwardness for the purposes of reservation which was also a fraud on the Constitution.
An independent survey by a famous social scientist from the United States, Marc Galanter, showed that the so-called economic backwardness was intended to help the upper Castes. 4.28 per cent Brahmins who had already secured 35.9 per cent under the merit category, were also successful in grabbing 15.5 per cent of the reserved seats; 15.57 per cent Lingayat community which had secured 13.9 per cent under the merit category was also successful in grabbing 29.6 per cent under the reserved quota. Likewise, 12.98 per cent Vokkaligas, who were able to secure only 4 per cent in the merit category, had garnered 35 per cent under the reserved quota. In other words, the new economic criteria helped the already forward communities in grabbing more seats and opportunities under the reserved quota as well.
Nearly 50 per cent of the population belonging to over 200 Castes and Tribes who were earlier classified as Backward Caste or Backward Tribes or Backward Classes were denied their legitimate rights in getting opportunities guaranteed to them under the Constitution of India. Generation after generations had lost the opportunity to enter into professional educational institutions and become doctors, engineers, teachers, lawyers, etc., and were also denied their legitimate share in the services in government departments and public sector undertakings. On the other hand, ruling forward castes had grabbed the opportunities in the name of economic backward Classes driving out the Backward Castes and Tribes from these opportunities. This raised a big hue and cry among the Backward Castes covering nearly 50 per cent of the population. The split in the Congress Party gave freedom and opportunity to D.Devaraj Urs to lead the Backward Classes to power by promising their legitimate quota which was due under the Constitution of India and had been denied since 1962.
It is in this background soon after Devaraj Urs came to power as Chief Minister of Karnataka, after an election promise in the manifesto to constitute a new Backward Classes Commission, on 17.7.1972 he announced the constitution of the new Commission. On 8.8.1972, the Havanur Commission was constituted with Sri L.G.Havanur as Chairman, Sri Dharamsingh, Sri Y.Ramachandra, Sri K.R.Srinivasulu Naidu, Sri K.M.Naganna, Sri A.Masana Chetty and Sri P.T.Habib as members.
The L.G.Havanur Commission on Backward Classes, popularly known as first Backward Classes Commission, worked for nearly three years and collected enormous empirical data after conducting extensive study, wide social economic survey involving hundreds of investigators and compilation of population statistics of over 200 Castes educational and service particulars of nearly million students and employees, the Havanur Commission presented its Report to Devaraj Urs on 19.11.1975. Devaraj Urs hailed this Report as the `Bible of Backward Classes’. The then social welfare minister hailed Havanur as next only to Dr.B.R.Ambedkar. The union minister Sri. Chandrajit Yadav hailed it as a ‘red letter day’ in the history of Karnataka.
Havanur Commission recommended reservation of 32 per cent to the Backward Classes. 15 Backward Communities, 128 Backward Castes and 62 Backward Tribes covering the population of over 45 per cent of the population as Backward Classes for the purposes of reservation in educational institutions under Article 15(4) and services under the State under Article 16(4) of the Constitution of India.
Social Scientists from across the globe hailed the monumental work accomplished by Havanur. When it was challenged before the Hon’ble Supreme Court, instead of condemning it, as was done in the case of Nagana Gowda Committee Report, the Hon’ble Supreme Court hailed the Report as a model. It commended the report for its excellent work, extensive investigation into the condition of Backward Classes that had not been conducted in the State in its history, perhaps till then in any part of India such an elaborate investigation had not been carried out with reference to so many details. Prof. Marc Galenter, Wisconsin University, USA, Prof. Lelah Dushkin, University of Pensylnvania, USA, Prof. Gregory Stanton, University of Chicago, USA, were among those who hailed the Report.
After the Havanur Commission was implemented on 22.7.1977, Havanur himself was appointed as a cabinet minister to be in-charge of social welfare and backward classes. Utilizing that opportunity, Havanur implemented his own Report in letter and spirit. As a result of that implementation millions of students are studying in backward classes hostels, throughout the State of Karnataka. Every year thousands of doctors are produced, lakhs of engineers are produced and it has a cascading effect and provided mobility to jaded hierarchy class system. CET Examinations further reinforced this representation extending reservation to private professional and educational institutions also. The moment they got the opportunity to get into the portals of professional educational institutions, over 200 Castes and Tribes marched forward and put Karnataka at the top of education, industry and IT & BT sectors in the country. It is because of this that Bengaluru has become the Silicon Valley of the East.
Mandal Commission adopted the Havanur criteria and methodology for classifying backward classes throughout India. Thus, Havanur Model stood the test of time, and test of judicial scrutiny to provide reservation of 27 per cent under the Mandal Report. Today, scores of students are joining premier institutions like IITs, IIMs and Cental Universities by virtue of this reservations. More importantly IAS, IPS, and other All India Services also provide 27 per cent reservations to these castes and tribes. Thus, Havanur Model on identification of Backward Classes, became The National Model.
Soon after Nelson Mandela was released from prison, African National Congress recognized the outstanding work of Havanur to bring above a peaceful revolution in a plural society, they invited him to them in preparing a new Constitution for South Africa and to include in it principles of affirmative action that will ensure social and racial justice to the historically disadvantaged sections of that Society. It is a proud moment for the Indians to recall that the contribution of L.G. Havanur has been fully incorporated and racial justice has been so well unveiled up to the stage of highest echelon including constitutional court of South Africa. Thus, Havanur concept of social justice is not only a National Model, it is also an International Principle as incorporated in the most modern Constitution in South Africa.
I am extremely happy and proud that the backward classes of Karnataka have got up this mammoth functions to pay tribute to L G Havanur for his stellar role in churning up a jaded hierarchical caste ridden society and providing mobility to the backward castes in a big way. I thank the Karnataka State Backward Castes Federation for giving me the honour of delivering this Key-note address on this august occasion.
