15.Article 16 and 17

Question 1

What is the purpose of the Socio-Economic Caste Census?

Answer 1

The Socio-Economic Caste Census is conducted to understand the number of backward people in the country, providing insights into the socio-economic conditions of different caste groups.

Question 2

What does Article 16 and 17 of the Indian Constitution relate to?

Answer 2

Article 16 of the Indian Constitution pertains to equality of opportunity in matters of public employment, while Article 17 abolishes untouchability and prohibits its practice in any form.

Question 3

What is the government’s policy regarding caste-wise enumeration in the Census, according to the Union Minister of State for Home Affairs?

Answer 3

The government has decided as a matter of policy not to enumerate caste-wise populations other than Scheduled Castes (SCs) and Scheduled Tribes (STs) in the Census, as stated by the Union Minister of State for Home Affairs.

Question 4

What has been the demand from various political parties, opposition, and caste groups regarding the census?

Answer 4

Different political parties, opposition parties, and caste groups have demanded the inclusion of caste-wise enumeration in the census, urging the government to conduct a caste census.

Question 5

What kind of caste data has been published in the Census in independent India?

Answer 5

Every Census in independent India from 1951 to 2011 has published data on Scheduled Castes and Scheduled Tribes, but not on other castes.

Question 6

Was caste-based data collected in the Census before 1951?

Answer 6

Yes, before 1951, every Census until 1931 had data on the caste. However, in 1941, caste-based data was collected but not published.

Question 7

Why was caste-based data not published in the 1941 Census?

Answer 7

M W M Yeats, the then Census Commissioner, stated that there would be no all-India caste table, as it was considered an enormous and costly undertaking.

Question 8

What will a caste census evaluate?

Answer 8

A caste census will evaluate the caste-wise population, determine the socio-economic status of the population, and rank households based on their status.

Question 9

Why is the Socio-Economic Caste Census of 2011 considered outdated?

Answer 9

The Socio-Economic Caste Census of 2011 is considered outdated because it is a decade old, and the new census of 2021 would provide more up-to-date information.

Question 10

How were households identified in the Socio-Economic Caste Census of 2011?

Answer 10

The Socio-Economic Caste Census of 2011 identified households based on 13 automatic exclusion parameters, five automatic inclusion parameters, and seven deprivation criteria.

Question 11

What percentage of rural households were in the automatic exclusion category according to the Socio-Economic Caste Census of 2011?

Answer 11

According to the Socio-Economic Caste Census of 2011, out of 179.1 million rural households identified, 39.3% or 70.5 million households fell in the automatic exclusion category.

Question 12

How often has the demand for a caste census been made?

Answer 12

The demand for a caste census has been made before almost every Census, as records of debates and questions raised in Parliament show.

Question 13

Who usually makes the demand for a caste census, and who opposes it?

Answer 13

The demand for a caste census usually comes from sections belonging to Other Backward Classes (OBC) and other deprived sections. However, sections from the upper castes often oppose the idea.

Question 14

What are the benefits of conducting a Caste Census?

Answer 14

The benefits of conducting a Caste Census include informing policy-making, facilitating the implementation of welfare schemes, addressing inequalities within society, challenging prejudices, and determining the inclusion and exclusion of castes in affirmative policies.

Question 15

What are some challenges associated with conducting a Caste Census?

Answer 15

Some challenges associated with conducting a Caste Census are the potential politicization of caste, which can be used as a tool for gaining political power; the rise of identity politics, which may undermine national unity; and concerns about the government in power potentially exploiting the data for electoral advantage.

Question 16

What is the current reservation percentage granted to OBCs by the Central government?

Answer 16

OBCs are granted 27% reservation in jobs and education under the Central government.

Question 17

Why is there a demand for the sub-categorization of OBCs?

Answer 17

The demand for sub-categorization of OBCs arises from the disproportionate influence of certain castes within the OBC category, leading to a concentration of benefits for those castes. Sub-categorization would ensure that castes within the OBC group receive benefits in proportion to their population.

Question 18

When was the Rohini Commission constituted and what is its purpose?

Answer 18

The Rohini Commission was constituted on October 2, 2017, to examine the inequitable distribution of reservation benefits among the castes or communities included in the OBC category. Its purpose is to determine the mechanism, criteria, norms, and parameters for sub-categorization within the OBCs.

Question 19

What is the term of reference for the Rohini Commission?

Answer 19

The term of reference for the Rohini Commission includes examining the distribution of benefits among OBC castes, developing a scientific approach for sub-categorization, identifying castes or communities for sub-categories, and reviewing and correcting any errors or inconsistencies in the Central List of OBCs.

Question 20

Is reservation based on religion in India?

Answer 20

No, reservation in India is not based on religion.

Question 21

Are SC/ST converts eligible for reservation?

Answer 21

SC/ST converts to religions other than Hindu or Sikh lose their SC/ST status and are no longer eligible for the quota.

Question 22

What are the rules regarding religion and eligibility for the SC quota?

Answer 22

According to the rules, a person who professes a religion different from Hindu or Sikh is not considered a member of the Scheduled Castes. However, a convert or re-convert to Hinduism or Sikhism can be accepted as a member of the Scheduled Caste.

Question 23

Are there any religious bars for inclusion in OBCs or Scheduled Tribes?

Answer 23

No, there are no religious bars for inclusion in the OBCs or the Scheduled Tribes. The rights of a person belonging to a Scheduled Tribe are independent of their religious faith.

Question 24

Are Muslims and Christians included in the SC category?

Answer 24

Currently, Muslims and Christians are not included in the SC category. There have been petitions filed in the Supreme Court seeking their inclusion.

Question 25

Has the exclusion of Muslims and Christians been challenged in court?

Answer 25

Yes, in 2004, the Centre for Public Interest Litigation challenged the provision that excluded people professing and converting to religions other than Hinduism, Sikhism, and Buddhism from reservation benefits. The issue is pending before the court.

Question 26

In inter-caste marriages, whose caste does the child inherit?

Answer 26

In inter-caste marriages, the child carries the caste of the father, and caste certificates are issued based on this. However, courts have considered the environment in which the child was brought up.

Question 27

Is the presumption of the child inheriting the father’s caste in inter-caste marriages conclusive?

Answer 27

No, the presumption of the child inheriting the father’s caste in inter-caste marriages is not conclusive or irrebuttable. It can be open to examination on a case-by-case basis. The child can provide evidence of being brought up by a mother belonging to the Scheduled Caste/Scheduled Tribe and be included in that category.

Question 28

What does the 102nd Amendment Act of 2018 refer to?

Answer 28

The 102nd Amendment Act of 2018 is a constitutional amendment that introduced Articles 338 B and 342 A.

Question 29

What is the purpose of Article 338 B?

Answer 29

Article 338 B deals with the structure, duties, and powers of the National Commission for Backward Classes.

Question 30

What does Article 342 A specify?

Answer 30

Article 342 A states that the President, in consultation with the governor, has the authority to specify the socially and educationally backward classes.

Question 31

How is the National Commission for Backward Classes constituted?

Answer 31

The Commission consists of a Chairperson, Vice-Chairperson, and three other Members. The conditions of service and tenure of office are determined by the President.

Question 32

Who appoints the Chairperson, Vice-Chairperson, and other Members of the Commission?

Answer 32

The President appoints the Chairperson, Vice-Chairperson, and other Members of the Commission through a warrant under his hand and seal.

Question 33

Does the Commission have the power to regulate its own procedure?

Answer 33

Yes, the Commission has the power to regulate its own procedure.

Question 34

What is the purpose of Article 342A?

Answer 34

Article 342A allows the President, in consultation with the Governor, to specify socially and educationally backward classes for each State or Union territory.

Question 35

Can the Central List of socially and educationally backward classes be modified?

Answer 35

Yes, Parliament has the authority to include or exclude socially and educationally backward classes from the Central List, except for the classes specified in the initial notification.

Question 36

How are socially and educationally backward classes defined in the Constitution?

Answer 36

According to Article 366(26C), socially and educationally backward classes are those classes deemed under Article 342A for the purposes of the Constitution.

Question 37

Which amendment introduced the new articles 342A, 366(26C), and 338B?

Answer 37

The Constitution (102nd Amendment) Act, 2018 introduced the new articles 342A, 366(26C), and 338B into the Constitution.

Question 38

Who has the authority to identify and include socially and educationally backward classes in the list?

Answer 38

The President alone, without the involvement of other authorities, has the power to identify and include socially and educationally backward classes in a list published under Article 342A(1), which applies to each state and union territory for constitutional purposes.

Question 39

Why was the 105th Constitutional Amendment necessary?

Answer 39

The 105th Constitutional Amendment was necessary to restore the powers of State governments to maintain a State list of Other Backward Classes (OBCs) after those powers were taken away by a Supreme Court interpretation.

Question 40

What would happen if the State list of OBCs gets abolished?

Answer 40

If the State list of OBCs gets abolished, approximately 671 OBC communities would lose access to reservations in educational institutions and appointments, which would negatively impact about one-fifth of the total OBC communities.

Question 41

What powers do Articles 15(4), 15(5), and 16(4) confer on the states?

Answer 41

Articles 15(4), 15(5), and 16(4) of the Constitution of India confer power on a state to identify and declare the list of socially and educationally backward classes (OBCs).

Question 42

How are OBC lists typically created?

Answer 42

As a practice, separate OBC lists are drawn up by the Central government and each respective State government concerned.

Question 43

Why is the 127th Constitutional Amendment Bill needed?

Answer 43

The 127th Constitutional Amendment Bill is needed because the Supreme Court, in its Maratha reservation ruling, upheld the 102nd Constitutional Amendment Act and decided that the President, based on the recommendations of the National Commission for Backward Classes (NCBC), would determine which communities would be included on the state OBC list.

Question 44

When was the Maratha community given reservation under the Maharashtra State Socially and Educationally Backward Act?

Answer 44

The Maratha community was given reservation under the Maharashtra State Socially and Educationally Backward Act in November 2018.

Question 45

What was the purpose of the special act sanctioned by the Maharashtra State Backward Class Commission?

Answer 45

The special act was sanctioned to give reservations under the Socially and Educationally Backward Classes (SEBC) category to the Maratha community and ensure its legal and Constitutional validity.

Question 46

Did the legislation proposing Maratha reservation receive support from opposition parties?

Answer 46

Yes, the legislation proposing Maratha reservation received unanimous support from opposition parties, including Congress and NCP.

Question 47

What was the judgment of the Bombay High Court regarding the Maratha quota?

Answer 47

The Bombay High Court, in its June 2019 judgment, upheld the Maratha quota but directed the state government to reduce it from 16 percent to 12 percent in education and 13 percent in jobs as recommended by the State Backward Class Commission.

Question 48

What did the Jaishri Patil case argue against the Maharashtra State Socially and Educationally Backward Act?

Answer 48

The Jaishri Patil case argued that the Maharashtra State Socially and Educationally Backward Act violated the principle of equality as enshrined in Article 16 and exceeded the 50 percent reservation limit without exceptional circumstances, which made the enactment ultra vires (beyond the powers).

Question 49

Which state recently attempted to implement job reservations for the private sector?

Answer 49

Haryana is the most recent state to try and implement job reservations for the private sector.

Question 50

What are some key issues with implementing reservation in the private sector?

Answer 50

*The constitutionality of state laws providing reservation in private establishments based on residence may be questionable.
*Reservation exceeding 75% may violate Supreme Court guidelines.
*Constraints on private establishments in hiring may impact their efficiency.
*Constitutional rights, such as equality and freedom to practice any occupation, may be affected.
*Mandating private institutions to employ specific candidates may infringe upon their right to carry on their occupation.
*Reservations and quotas could potentially drive businesses out of the state, reducing overall job opportunities.
*It may lead to the formalization of labor and create a bureaucratic system.
*Nativism weakens national unity and infringes on the fundamental right of individuals to seek livelihood anywhere in the country.

Question 51

What is the purpose of job reservations in the private sector?

Answer 51

The purpose of job reservations in the private sector is to provide employment opportunities for local residents and promote social and economic inclusion.

Question 52

Why may state laws providing reservation in private establishments on the basis of residence be considered unconstitutional?

Answer 52

State laws providing reservation in private establishments based on residence may be considered unconstitutional because they may violate the fundamental rights of equality, freedom of movement, and the right to practice any occupation or business guaranteed by the Constitution.

Question 53

What are the potential consequences of reservation exceeding 75% in the private sector?

Answer 53

Reservation exceeding 75% in the private sector may violate the guidelines laid down by the Supreme Court. It can also lead to a significant imbalance in hiring practices, potentially affecting the overall efficiency and competitiveness of private establishments.

Question 54

How does reservation in the private sector impact the fundamental rights of citizens?

Answer 54

Reservation in the private sector can potentially infringe upon the fundamental rights of citizens, including the right to equality before the law, the right to freedom to reside in any part of the country, and the right to practice any occupation or business. These rights may be compromised when specific criteria, such as residence, supersede merit and skill in employment decisions.

Question 55

What are some concerns regarding the implementation of job reservations in the private sector?

Answer 55

Concerns regarding the implementation of job reservations in the private sector include the potential encroachment on an institution’s right to carry on its occupation, the impact on the quality of candidates hired, the risk of driving businesses out of the state due to compliance challenges, and the potential weakening of national unity by prioritizing geographical location over merit and skill.

Question 56

How does reservation in the private sector affect the formalization of labor?

Answer 56

Reservation in the private sector can encourage the formalization of labor as employers seek ways to comply with the law while remaining competitive. It may lead to the establishment of bureaucratic systems to ensure adherence to reservation policies, potentially impacting the overall functioning and flexibility of businesses.

Question 57

How does reservation based on residence in the private sector relate to the principle of nativism?

Answer 57

Reservation based on residence in the private sector can be seen as a manifestation of nativism, which promotes the interests of local residents over the broader principle of allowing individuals to seek livelihood anywhere in the country. This approach weakens the bonds that unite India and can hinder the free movement of labor and opportunities.

Question 58

What is the potential impact of reservation in the private sector on job availability?

Answer 58

The implementation of reservations and quotas in the private sector may create constraints that make it unviable for businesses to comply with the law, potentially reducing the total number of jobs available. This can have a negative effect on overall employment opportunities within the state or region.

Question 59

What is the nature of Article 17?

Answer 59

Article 17 is absolute in nature, meaning it completely prohibits the practice of untouchability in any form.

Question 60

How did Dr. B R Ambedkar describe untouchability and caste?

Answer 60

Dr. B R Ambedkar referred to untouchability as a soul-destroying sin and caste as a social evil.

Question 61

What does Article 17 of the Constitution of India entail?

Answer 61

Article 17 of the Constitution of India focuses on the abolition of untouchability. It declares untouchability to be abolished and prohibits its practice in any form.

Question 62

What is the punishment for enforcing disabilities arising from untouchability?

Answer 62

According to Article 17, the enforcement of any disability arising from untouchability is deemed an offense punishable by law.

Question 63

How should untouchability under Article 17 be understood?

Answer 63

The cases of Jai Singh vs. Union of India and Devarajjah vs. Padmanna establish that untouchability under Article 17 should not be interpreted literally but rather as a practice that has prevailed and developed in India.

Question 64

What is the Untouchability Act 1955 (Renamed as Protection of Civil Rights Act 1976)?

Answer 64

The Untouchability Act 1955, later renamed as the Protection of Civil Rights Act 1976, includes sterner penalties and mandatory jail sentences for offenses related to untouchability, reflecting the effectiveness of anti-untouchability laws.

Question 65

What is the aim of the Prevention of Atrocities (Scheduled Caste and Scheduled Tribes) Act 1989?

Answer 65

The Prevention of Atrocities (Scheduled Caste and Scheduled Tribes) Act 1989 aims to counter various forms of caste discrimination and atrocities against members of Scheduled Castes and Scheduled Tribes by non-SC/ST individuals.

Question 66

What does Article 18 of the Constitution of India prohibit?

Answer 66

Article 18 prohibits the State from conferring any titles.

Question 67

Can a citizen of India accept titles from foreign states?

Answer 67

No, a citizen of India shall not accept any title from any foreign state.

Question 68

Are non-citizens of India allowed to accept titles while holding an office of profit or trust under the State?

Answer 68

No, non-citizens of India are not allowed to accept titles from any foreign state without the consent of the President while holding an office of profit or trust under the State.

Question 69

Can a person holding an office of profit or trust under the State accept any present, emolument, or office from a foreign state?

Answer 69

No, a person holding an office of profit or trust under the State cannot accept any present, emolument, or office of any kind from or under any foreign state without the consent of the President.

Question 70

What were the titles created by the British government in India?

Answer 70

The British government created an aristocratic class known as Rai Bahadurs and Khan Bahadurs in India, but these titles were also abolished.

Question 71

Are military and academic distinctions allowed in India?

Answer 71

Yes, military and academic distinctions can be conferred on the citizens of India.

Question 72

What was the ruling in the Balaji Raghavan Case regarding Bharat Ratna and Padma awards?

Answer 72

The Balaji Raghavan Case established that Bharat Ratna and Padma awards are national awards and not titles. They cannot be used as prefixes or suffixes to names, and they can be withdrawn in case of their misuse. (Government decision in 2019)