There have been widespread agitations both in favour of and against extending reservation in educational institutions and government jobs to a certain section of the society. You have been appointed as the chairman of a high level committee, constituted by the government to examine the matter and make recommendations. So far, the committee has found no compelling reasons to extend reservation to this section. While the report of the committee is pending finalization, you get an impression through the media that the government is inclined to accept the demand for extending the reservation, regardless of the findings of your committee. Some members of the committee are also inclined to support the government stand. (a) Discuss the dilemma, if any, that you face in this situation. (b) What course of action would you take? Give reasons for the same. (c) Also discuss the ethical issues involved with the policy of affirmative action in India.

Indian Reservation scheme is the largest affirmative action program aimed to address historical injustice of a medieval discriminatory society towards more equitable egalitarian society (Art 46, 15, 16) Ans (a)

Since the Govt. is inclined to undertake populist measure, it creates a dilemma to favour the political view or undertake an honest objective assessment of the case.

Also, the reports and impression is created through media there is a fear of backlash in case of the negative proposal from the concerned section (Eg: Jat agitation).

There is also an internal divide amongst the members that might create a biased report.

Ans (b) My course of action is very clearly the one which involves an impartial, honest and objective analysis free from any political pressure or the media interference merely based on some opinions and news.

which involves an impartial, honest and objective analysis free from any political pressure or the media interference merely based on some opinions and news.

(1) I would undertake a robust baseline survey to study the conditions (social, educational and economic - constitutionally prescribed) and find the eligibility parameters are fulfilled or not. (2) I would urge my team member to take an impartial and conscientious viewpoint in the preparation of report. (3) The findings would be properly documented and based on the empirical analysis I'd suggest the solution to Govt. (4) Since committee doesn't find substantive proof, I'd write and disfavour the given proposals. (5) If asked by mediapersons, I'd adhere to my rulebook and conduct rules to maintain integrity of process until the Govt takes a final stand.

Ans c Ethical Issues in the Reservation regime of India :- (1) Inclusion errors where the affluent (large agri farmers and advanced) section gets included. (2) Presenting the false documents and escaping the creamy layer exception due to non-reporting of the honest income. (3) Exclusion errors (A study highlighted only 8% of the STs population who is needy get employment and educational opportunities). (4) Absence of creamy layer criteria in the SC/ST (Nagraj Judgement). (5) Presence of vacant posts and delays in promotions due to inadequate data collation. (6) fear of the reverse discrimination due to breach of the 50% quota of reservation (compromise to Meritocracy). (7) The recently introduced economic criteria (Jarnail Singh case) includes 98% of population within 10% bracket. (8) Similarly, 55% of OBC population under the 27% bracket. (9) Means of the populist electoral vote bank politics (Patidar, Jats). (10) Fear of the Pandora' Box of demands.