Forwarding Letter of B. P. MANDAL, CHAIRMAN, BACKWARD CLASSES COMMISSION, GOVERNMENT OF INDIA,5. Dr. Rajendra Prasad Road, New Delhi.
Dated: December 31, 1980, in the Mandal Commission Report :
Respected Rashtrapatiji.
2. On the 20th December, 1978, Shri Morarjibhai, the then Prime Minister of India announced on the floor of the parliament the decision to appoint Backward Classes Commission under my Chairmanship, with four other members. They were: Shri Dewan Mohan Lal. Shri R. R. Bhole, Shri Dina Bandha Sahu and Shri K. Subramaniam. The terms of reference were also announced on the floor of the House.
3. One of our Members, Shri Dina Bandhu Sahu. resigned his membership on 5th November, 1979 on grounds of health. He left this world on 7th October, 1980. We are sorry to have lost his valuable services in the midst of our work. The vacancy caused by his resignation was filled up by appointing Shri L. R. Naik.
4. We started our work after the inaugural speech of Shri Morarjibhai Desai, Prime Minister of India on 21st March, 1979 and ended with the valedictory Address by Smt. Indira Gandhi, Prime
Minister of India on 12th December, 1980.
5. It may be mentioned that although this Commission was appointed by previous Janata Government, Smt. Indira Gandhi's Government not only gave two extensions but extended all support and co-operations in the discharge of our work. This clearly shows her devotion and commitment to the cause of the suppressed, depressed and the oppressed.
6. The Commission had to face many difficulties and challenges in carrying out its work like the dissolution of Lok Sabha in July 1979, followed by further dissolution of nine State Assemblies in March 1980. As the State machineries were engaged in preparation for polls, the Commission's work had to be slowed down. The Commission got three extensions, first for three months from 1st January to 31st March, 1980 and two more extensions from 1st April to 30th September and 1st October to 31st December, 1980. In spite of all these difficulties and time constraints, the Com- mission finished its work in a short period of less than two years.
7. Our task was confined to our terms of reference according to which we had to "determine the criteria for defining the socially and educationally backward classes" and "to recommend steps to be taken for the advancements of the socially and educationally backward classes of citizens so identified". We have, accordingly, fixed the criteria for the identification of such classes and recommended the steps to be taken for their upliftment. The necessary law laid down by the Supreme Court regarding the maximum quantum of reservation for the socially and educationally backward classes, under the meaning of Article 15(4) and 16(4) has also been kept in view in our report.
8. Our report, however, does not stand in the way of the States if they want to take any measure for the upliftment of the weaker sections of the people like the women and the poorer and others who are not covered by our terms of reference. It may be noted that there is no bar jo make further reservation for them. For example, the Karnataka Government has reserved 48% seats for the socially and educationally backward classes, which includes SCs, STs and OBCs and further more 18% has been earmarked for the other weaker sections. The total reservation of 66% of that Government was challenged in the judiciary and it was upheld. The reservation for OBCs under Article 15(4) and 16(4) should not, however, be amalgamated with any other reservation pertaining to any other criteria In Subhashini Vs State (AIR 1966 Mys 401 it was held "The validity of the reservation for classes other than socially and educationally backward classes SCS and STS had to he tested on the basis of the requirement of Article 14. Such reservations should not be mixed up with the special reservation under Article 1514). The upper limit laid down in Balaji case, has application only to reservation to be made under Article 15(4). 11 does not include any reservation otherwise made". In some of the Northern States even a small percentage of reservation is not reaching the socially and educationally backward classes of people as contemplated under Article 15(4) and 16(4) due to such linking.
9. On the basis of our extensive tour throughout the length and breadth of India the response received from the general public at large, I would like to state that the Backward Classes of this country repose high hopes in the Government's positive response to our recommendations. Ap- prehensions were rightly expressed before us that in case the report of my Commission also meets the same fate as that of Kaka Kalelkar's Commission, the legitimate hopes and aspirations of the socially and educationally backward classes, which constitute a bulk of the population will be dashed to ground.
10. We had to face enormous difliculties in the absence of caste enumerations figures after the 1931 Census. To avoid such difficulties in the future, a reference was made by me in my letter of 15th June, 1979 and 18th August. 1979, addressed to S/Shri H. M. Patel and Y. B. Chavan, respectively. I had also requested Giani Zail Singh, Home Minister to this effect in my letter of 31st March, 1980. I was informed that it had been decided that caste enumeration will not be carried out during the 1981 Census and that the present policy of not having enumeration of caste in Indian Census, will be continued, which needs reconsideration.
11. We were hoping to submit a unanimous Report to you and all the members of the Commis sion were agreed on this point. At the last moment when the Report was about to be signed one of the members, Shri L. R. Naik, decided to record a minute of dissent and it forms Volume VII of the Report.
12. Shri Naik's main contention is that the State-wise list of Other Backward Classes should be split into two parts: one pertaining to Intermediate Backward Classes and other to Depressed Backward Classes. Under Depressed Backward Classes, he has grouped those castes which, accord- ing to him, constitute the most deprived and under-privileged sections of the Backward classes His contention is that they should be treated as a separate entity for purposes of benefits and con- cessions recommended in the Report. Clubbing these two categories, he feels, will not result. inequitable distribution of benefits to these two groups.
13. Whereas the Commission sees the point of Shri Naik's contention, the acceptance of his approach will result in a situation which is repugnant to Article 15(4) of the Constitution. In the case of Balaji V State of Mysore the Supreme Court has clearly held "In introducing two categories of Backward Classes what the impugned order, in substance, purports to do is to devise measures for all the classes of citizens who are less advanced compared to the most advanced classes in the State, and that, in our opinion, is not the scope of the Article 15(4)". This observation has been repeated in a number of other cases and. by now, it has become established case-law. In view of this, the Commission did not find it possible to agree to Shri Naik's view of dividing other Backward Classes into two categories.
14. Further, the population ligures of the so-called depressed backward classes, worked out by Shri Naik, are also very arbitrary and based on pure conjecture.
15. It may also be pointed out that Shri Naik has deemed it proper to adopt the above line despite the fact that earlier from 10th to 14th November, 1980, he had signed every page of the State-wise lists of O.B.Cs, which treat all Other Backward Classes as one group.
16. Before I end this letter. I will be failing in my duty if I do not express my thanks to my colleagues, who have worked hard to finalise this report. The Commission consisted of members from Other Backward Classes and one Shri L. R. Naik from the Scheduled Caste. Dewan Mohan Lal. who is the eldest among us, never lagged behind to give his valuable contributions and the Commission has been benefited by the wisdom of his age and vast experience of his life Shri Justice R. R. Bhole. M.P. had varied experience of legislature and judiciary and rural and urban life of India, was of immense help to the Commission. Shri K. Subramaniam, an intelligent and experienced person, having had varied experience of rural life besides journalism and devoted to the service of the down trodden had made valuable contribution to the Commission. Shri L. R. Naik, who was appointed in the Commission after a lapse of several months, was the most hard working member in our lot. When other members were getting tired to continue the extensive tour of the country, he was ever unfatigued.
17. I have this signal privilege of submitting this report to you and hope you will have no hesita- tion in accepting our recommendations and redress the long felt grievances of the socially and edu cationally backward classes of our country.
With regards,
Yours sincerely,
Sd/-
(B. P. MANDAL)
Shri Neelam Sanjiva Reddy,
President of India.
Rashtrapati Bhavan,
New Delhi.
(*A.I.R. 1963 S.C. 649)
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