The politics behind SP’s stand on SC,ST promotion quota

Though SC/STs were entitled to reservation in promotions since 1955,it was discontinued following a famous judgment in what is now called the Indra Sawhney case. It has since been the subject of a tussle between successive regimes in UP.

The state enacted the UP Public Servants (Reservation for Scheduled Castes,Scheduled Tribes and Other Backward Castes) Act in 1994,entitling SC/STs to reservation in promotion in state services. But there was no change to the UP Government Servants Seniority Rules of 1991 that evaluate seniority on the basis of merit.

Mayawati amended the rules in 2002,introducing consequential seniority for those getting promotions under the quota. This was challenged in the High Court; Mulayam’s next government cancelled it in 2005.

The next Mayawati regime reintroduced it in 2007. This was challenged in the High Court,which held the changes unconstitutional in 2011. The Mayawati regime approached the Supreme Court,which upheld the High Court verdict last April,soon after the UP elections. In the run-up to the polls,Mulayam had pledged to abolish the consequential seniority provision. When the SP returning to power,the government promulgated an ordinance to amend the Act and nullify the rule change.

lucknow to delhi

Mayawati took her battle to Parliament and forced the government to hold a discussion in May. She later extracted a promise from the government to bring a constitutional amendment to get around the legal difficulties. The SP reiterated its objections to Mayawati’s demand during the all-party meeting called by the Prime Minister in August. SP leader Ram Gopal Yadav cited the example of the UP irrigation department ,claiming all five chief engineers in the department were from the SCs on account of the consequential seniority policy,while hundreds of senior engineers not from SC communities were languishing at the levels of executive engineer,assistant engineer or superintendent engineer. Though his argument was appreciated by many leaders,none would object to Mayawati’s demand.

The politics

Though leaders in the Congress and the BJP confide that the proposed constitutional amendment is “flawed”,they cannot make their objections public as that would be “politically incorrect”. Mulayam has no such compulsions. While the Congress,the BJP and other parties such as the JD(U) compete for SC/ST votes in the same measure as their rivals,Mulayam faces an unequal competition against the BSP at home. SP leaders feel even a “politically correct” position is unlikely to win them the BSP’s Dalit support base. Instead,they see merit in taking a stand that can win them an upper caste base.

From the BJP’s and the Congress’s point of view,pandering to Mayawati’s demands will work in her favour only in UP. The BSP’s virtual absence in other states can work to the advantage of the Congress and the BJP in those states; they can compete for a Dalit support base. That is why they would rather not go with Mulayam.

The SP’s confinement to UP is a blessing in disguise for Mulayam too. The Congress’s and the BJP’s apparent support to Mayawati allows Mulayam to poach into sections of these parties’ non-Dalit bases in his state.

The SP’s position

Its stand in principle is that the BSP regime’s decision was “unconstitutional” and would be a “joke” in the administration,where actual seniors will be rendered juniors because of consequential seniority. Going by that,SP leaders say they are not demanding reservation even for OBCs. This comes after the DMK said it supports what it calls the SP’s demand for extension to OBCs.

“When we are saying the proposed move is unconstitutional altogether,how can we demand a similar provision for OBCs?” Ram Gopal Yadav says. “Badi mushkil se toh pichhdon (OBCs) aur agadon (general) ko ek karne ka ek mauka mila hai. Why should we demand reservation in promotions for OBCs?” said a Mulayam confidant.

The SP has welcomed the DMK statement for tactical reasons. Going by its experience with the Women’s Reservation Bill,where its objections could not stop the bill from clearing the Rajya Sabha,the SP needs the numbers from another UPA partner if they want to keep the government’s hands tied.