The judgment of the apex court upholding OBC reservation in AIQ is very unique one. The basis of reservation policy and the perspective by which it has to be understood have been discussed in a scientific way. Providing reservation to oppressive sections was also commented as a form of discrimination. The anti-reservationists used to propagate that discrimination in any form is contrary to the doctrine of equality and equal opportunities. The judgment specifies – “Equality of opportunity admits discrimination with reason and prohibits discrimination without reason.”
* It recalls and emphasizes the reservation is a positive measure by quoting the contents of the several earlier judgments of the Supreme Court, …“special provisions (including reservation) made for the benefit of any class are not an exception to the general principle of equality. Special provisions are a method to ameliorate the structural inequalities that exist in the society, without which, true or factual equality will remain illusory”.
* Another frequent charge leveled against reservation policy is that ‘merit’ is deprived of. The judgment aptly narrates that the equality and equal opportunities are not aimed to bring mere ‘formal equality’ but ‘substantive equality’. It argues that the binary of merit and reservation has now become superfluous once this court has recognized the principle of substantive equality.
* The oppressed sections have to compete with the historically privileged sections that have been endowed with ‘social and cultural capital’. The disadvantaged classes have to overcome the barriers created by these unique capital accrued to the forward classes. Such capital features like communication skills, accent, books or academic accomplishments that are inherited by the privileged classes are not available to the competing oppressed sections.
* “Performance in competitive examination or admission in higher educational institutions does not require a great degree of hard work and dedication but it is necessary to understand that “merit” is not solely one’s own making. The rhetoric surrounding merit obscures the way in which family, schooling, fortune and a gift of talents that the society currently values aids in one’s advancement.”…. A contribution of family habitus, community mileages and inherited skills work to the advantage of individuals belonging to certain classes, which is then classified as “merit” reproducing and reaffirming social hierarchies.”
* While examinations are a necessary and convenient method of distributing educational opportunities, marks may not always be the best gauge of individual merit. Marks are often used as a proxy for merit.
