(The text is the presentation part of the Report of Karnataka Backward Classes Commission, constituted under the Commissions of Inquiry Act, 1952, by the chief minister of Karnataka State Government, Respectful D.Devaraj Urs under the Chairmanship of L.G.Havanur. This current year commemorates the Golden Jubilee of the formation of the Commission in 1972.)
To
Sri. D. Devaraj Urs,
Hon’ble Chief Minister of Karnataka.
Bangalore
November 19, 1975.
… Continuing from the previous issue
Equality, or the concept of equality, is that when castes are dissimilarly placed, they cannot be made equal by treating them equally. One of the aims of equality is to achieve caste-equality in fact. Inequality in castes has generated an attitude of protest in the lower castes against an unjust treatment meted out to them, and an urge for equality. Privileges in any form are symbols of inequality. And privileges to some castes only are indicators of unjust society. Removal of privileges or their proportionate distribution amongst all castes is justice which equality aims to secure. Distributive justice satisfies the rule of equality. Backwardness of castes is a stigma in our national life and the object of equality, conceived of in our Constitution, is to erase the said stigma. A perfectly abstract principle of equality is a thing of impossibility in its application. Equality has a two-fold object. One is, it aims at removing the existing caste-inequalities. The second, an off-shoot of the first, is, it aims at creating abilities in all castes. The achievement of the said objectives implies differential treatment of castes by the State. In doing so, the State is to take into consideration the private inequalities of caste-status and economic and educational disparities. Achievement in the success of equality is measured by equal results recorded by all castes. Lower castes cannot produce equal results without compensatory measures protecting them from discrimination. Protesting against protective discrimination amounts to an ideal of maintaining inequality. Justification for reservations in technical and higher educational institutions and public services for backward classes is not that they offer education and employment to some individuals of those classes, but their justification lies in the gratification of the neglected and the oppressed classes in getting their due share in the administration of the State. It should be noted that when the Constitution was made, the enlightened conscience of the nation wanted the backward classes to be uplifted, more than the backward classes demanding upliftment.
Related articles
We should respect the national conscience embodied in the Constitution.
Even the casual observant, or the least observant, could hardly fail to see the abnormal backwardness of certain castes and communities if his eyes could just glance at the various Tables relating to their socio-economic conditions and Statements and Annexures relating to their education and employment. Unless the advanced classes look at themselves in their setting with backward classes, there is little hope of their forming a just estimate of the progress they have made. I hope, the advanced classes will involve themselves in the cause of the upliftment of the backward classes and will induce the Government to take up compensatory measures that have remained undone for them all these years.
The contents of our Report have been the outcome of research as a result of dissatisfaction in the existing literature on backward classes. Judicial literature seems to me to be deficient in many important respects. I had to disinter from an abundant heap of irrelevant and relevant judicial literature, Constitutional documents, debates in the Constituent Assembly, proceedings of Parliament, treatises on castes and tribes, Census Reports, gazetteers, monographs etc., some solitary fragments of gold in the form of which the wisdom of the judges, eminent social scientists and research scholars was exhibited.
The question, being of great social and national importance, has to be decided only by the Supreme Court for removing the inconsistencies and obscurities and for achieving uniformity of determination so that potential disputes may be silenced, and ameliorative measures denied to the backward classes all these years may be implemented by the Government unimpaired hereafter.
In my opinion, the conventional idea of high and low will end soon if the directive principles of State Policy are made equal in importance to fundamental rights. Traditional Hindu mind has ascribed status of superiority and inferiority to social groups, occupations and languages by hierarchically grading them and so, the judicially-ascribed superiority to fundamental rights and inferiority to the directives, for obvious reasons, is in consonance with the Hindu concept of graded inequality. For instance, fundamental rights to acquire and hold property which are superior are exercised by the all-powerful superior propertied classes and the rights to only a living wage, which are not exercisable on the ground of their inferior character, belong to the propertyless lowly classes. There will be no claim for protective discrimination and compensatory treatment by any class of citizens, and perhaps ours will be the last Commission on backward classes, if Art. 37 is amended, as was suggested by B. N. Rao, the Constitutional Advisor to the Constituent Assembly, making the directives also enforceable through Courts.
By such amendment, Parliament is not curtailing or abrogating the sacrosanct, transcendental and inviolable fundamental rights; it is not altering the basic structure or fundamental features of the Constitution; and it is not curtailing or abrogating the judicial power of review. Indeed, power of judicial review will be widened, because the large mass of poor people will also invoke judicial intervention. The concept of castelessness will permeate both the fundamental rights and the directives and the present conflict about supremacy between the Parliament and the judiciary may end. For introducing constitutional amendment to the ‘inferior’ directives no new constituent body need be constituted. It would, however, be premature on our part now to say if the legislative machinery and mind at the Centre is interested in continuing the inferior character of the unenforceable directives.
Sir, inspite of the deliberate opposition and criticism by some who did not want me to function as Chairman and who tried to divert my attention, what little work has been done by me is not from any inherent power that resides in me, but from the cheers, goodwill and the blessings of my friends and elders, including some of my colleagues on the Commission, that followed my path.
Sir, I am, indeed, grateful to you and your Government for setting me on this journey, though arduous and hard, of my life’s purpose. I took up the cause of the backward classes about 20 years back soon after the publication of the President-appointed Commission Report. I made that cause my life – thought of it and dreamt of it. I let my brain, nerves and every part of my body to be full of that idea, and just left every other idea alone. When at a time the backward classes in the State had left all hopes of better future for them, you became the Chief Minister and appointed our Commission.
I feel my life’s journey will have been well undertaken when you and your Government are pleased to implement our Commission recommendations.
Thank you,
With kind regards,
Yours sincerely,
L. G. Havanur,
Chairman.