Mains Q & A 13 December 2022
Q1. Frustration with the government’s ongoing repression and the failure of the early 20th century political fight gave rise to revolutionary nationalism. Elucidate. (250 words)
Paper & Topic: GS I Modern Indian History
Introduction:
Numerous internal and external forces operating on the minds of the youth during the late nineteenth and early twentieth centuries in India contributed to the creation of revolutionary ideology. The provinces where the Indian revolutionary movement initially took root included Bengal, Maharashtra, Punjab, Uttar Pradesh, Orissa, Bihar, and Madras. However, because they were more politically engaged than other regions of the nation, these three states witnessed the majority of its action.
Body:
The fundamental causes of the growth of revolutionary nationalism are as follows:
Both the moderate and the radical congresses fell short: Bengal’s young may have been enraged by British arrogance and brutality, as well as the moderate Congress members, but they were also driven to “the politics of the bomb” by the extremists’ failure to provide the public with a clear road forward.
The incapacity of the leadership to harness the youth’s revolutionary energy.
Nine notable Bengali individuals, including Ashwini Kumar Dutt and revered Krishna Kumar Mitra, were exiled in December 1908. The well-known Bal Gangadhar Tilak was detained and given a harsh 6 year prison term in 1908. They imprisoned Chidambaram Pillai in Madras and Hari Sarvottam Rao in Andhra.
The lack of leadership made it difficult for the youth to focus their efforts.
The immediate cause was the fallout from the Boycott and Swadeshi Movement.
People became involved in militant and revolutionary activities as a result of the harsh policies of the British government.
The East Bengali administration took special measures to repress the nationalism movement. being the first, last, and only
For instance, in East Bengal, it was illegal to sing Vande Mataram in public. Public gatherings were either outlawed or heavily restricted. enacted laws regulating the media, etc.
The police attack on the unarmed attendees of the Bengal Provincial Conference in Barisal in April 1906 is one of the most infamous instances of repression. As the conference was forcibly disbanded, many of the young volunteers were brutally battered.
Among young people, nationalism is common.
The “economic exploitation” of Indians by the British Government and the Partition of Bengal, according to Jathindranath Banerjee, Virendra Ghosh of Anushilan Samiti, and Barindrakumar Ghosh via “Yugantar,” were the two most important events that fueled the populace’s nationalism.
Conclusion:
Despite being defeated, the revolutionary movement had a significant influence on the rise of nationalism in India. The bravery and sacrifice of the revolutionaries were not in vain. It had widespread appeal. Famous Indians like Bhagat Singh, Chandrashekhar Azad, Surya Sen, Rajguru, and others inspired people to identify with their nation.
Q2. Analyse how the definition of Backward Classes has changed over time when using it for reservation. Do you believe that the concept ought to be used to reserve spaces for Scheduled Castes and Scheduled Tribes communities? Consider it critically. (250 words)
Paper & Topic: GS II Government Policies and Interventions
Introduction:
The Supreme Court’s seminal decision in the Indra Sawhney v. Union of India case of 1992 (also known as the Mandal Commission case), rendered by a nine-judge Bench, is when the phrase “creamy layer” was first used. Due to a “flagrant breach” of the Haryana Backward Classes (Reservation in Services and Admission in Educational Institutions) Act 2016, the Supreme Court ruled that the Haryana creamy layer notifications were invalid. It asserted that in order to identify and expel members of the Backward Class from the “creamy layer,” the State must take into account social, economic, and other aspects collectively under Section 5(2) of the Act.
Body:
The following is how the concept of creamy layers has evolved:
The 1980 Mandal Commission report recommended that 27% of all jobs go to OBCs (other backward classes).
In 1990, the OBCs received a 27% reservation in government positions under the V P Singh administration.
The Narasimha Rao Government introduced a reform in 1991 in order to offer the 27% quota to the OBCs while giving precedence to the weaker portions of those communities.
The Supreme Court sided with the government in the Indra Sawhney decision (1992) and ordered that the advanced OBCs (i.e., the creamy layer) be taken off the list of people who qualify for quota. Furthermore, it was decided that STs and SCs must not be included in the definition of a creamy layer.
Based on the Mandal Commission findings, the government decided to grant Other Backward Classes a 27% quota, but the court thought it was crucial to identify those Backward Classes that were already “well evolved socially, as well as economically and educationally.”
The court characterised these well-off, educated persons as the “creamy layer” of them. The court concluded that state governments must acknowledge the “creamy layer” and exempt them from reservation limits.
However, several States, like Kerala, did not immediately put the judgement into effect. As a result, a sequel to the Indra Sawhney-II case report from 2000 was published.
Even in this case, the court determined the “creamy layer” of the Backward Classes.
The judgement stated that those from lower socioeconomic strata who held positions in higher government organisations like the IAS, IPS, and All India Services were not to be considered backward because a lesser level of social and economic advancement had been achieved.
Such individuals were to be treated as a “creamy layer” and not be questioned further. The same is true for people who could provide for others and themselves through work, since they should likewise be viewed as having improved their social standing and as being “outside the Backward Class.”
Other classifications included those with significant agricultural holdings, property income, etc.
Reading the Indra Sawhney judgements reveals that identifying the “creamy layer” necessitates social advancement, including a job and education, rather than just riches.
The need for creamy layer application among SC/ST populations:
The Jarnail Singh court agreed with its earlier 12-year-old decision in the M. Nagaraj case that the creamy layer extended to SCs and STs in order to prevent the socially advanced members of a backward community or class from devouring the entire cake while leaving the weak members of them in poverty.
Nearly 95% of the residents of these places live in poverty.
The Supreme Court of India declared in Nagraj v. Union of India that persons from the creamy layer should not be eligible for reservations and that SC & ST people should be divided into groups.
The SC/ST community as a whole is still troubled by years of backwardness, according to Attorney-General of India K.K. Venugopal.
The 2006 verdict’s explanation that the creamy layer principle was founded on the right to equality was upheld by the five-judge bench in the Jarnail Singh case, which was presided over by the country’s then-Chief Justice of India, Dipak Misra.
The court ruled that those who belong to the same class as the “top creamy layer” should not receive quota advantages; instead, they should go to the most vulnerable and underprivileged members of society.
The creamy layer idea ensures that only SC/ST community members who are rightfully worthy receive reservation benefits, according to Justice Rohinton F. Nariman, who issued the decision in the Jarnail Singh case on September 26, 2018.
The 2018 ruling dismissed the Centre’s claim that Nagaraj had incorrectly included SCs and STs in the creamy layer notion that Indra Sawhney introduced. The 2018 decision decreased the necessity that States submit measurable evidence to show backwardness under the Nagaraj case.
Studies conducted by the Lokur Committee and others had revealed that the correct individuals were not receiving the benefits.
All people are granted the fundamental rights to equality and social justice under Articles 14, 15, and 16, including protection for the SC/STs who are deservedly disadvantaged and backward.
The Constitution’s creators wanted the right people to profit from benefits.
Arguments against the “Creamy Layer for SC/ST”:
The administration claims that the “creamy layer” will be used as a ploy to deny the benefits of reservation to the underprivileged sections of society.
The division of SC and ST into creamy and non-creamy layers is robbing these people of the rights they have fought for.
Reservations for SC/ST are allowed, but only if doing so will enhance their social conditions, not their financial situation.
Bookings for SC/ST are therefore accepted regardless of the beneficiary’ financial situation.
Social stability may not always follow from financial stability.
Moving ahead:
Even in SC/ST communities, the concept of a creamy layer must be applied to make sure that the most deserving members of the poor populations get the benefits.
But rather than focusing only on economic factors, there has to be an index that assesses backwardness across a range of factors.
The SC&ST community’s “creamy layer” should be in charge of assisting the underrepresented minority’s integration into society and collaborating peacefully to promote their genuine development.
Boost the population’s human capital among SC and STs.
reservation voluntarily forfeited for the group’s less fortunate participants, such as The space designated for the son of a Dalit landless labourer or son of an urban wage earner must be given to the son of a Dalit doctor, Dalit politician, or Dalit businessman.
India could gain insight from Malaysia’s economic empowerment model and South Africa’s Black-friendly policies.
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