117th Constitution Amendment Bill, 2012- Efficiency and adequacy of the State Administration

Abstract

I have read many Articles in the newspaper taking either of the side without even considering the real points. However, I have tried to highlight all those points which may deliberately left behind to frame such deteriorated picture of the Bill. Further, my point wise submission to the questions rose in the press and by the parties opposing the motion of the Bill, as follows: Reservation in general or in promotion as a concept is very wide. Different people understand reservation to mean different things. One view of reservation as a generic concept is that reservation is anti-poverty measure. There is a different view which says that reservation is merely providing a right of access and that it is not a right to redressal. Similarly, affirmative action as a generic concept has a different connotation. Some say that reservation is not a part of affirmative action whereas others say that it is a part of affirmative action.The words ‘consistently with the maintenance of efficiency of administration’ under Article 335 of the Constitution of India are capable of being read differently though have not been so read by the courts so far. In a mixed and diverse society as in India, representation of all sections of society in different walks of life creates an integral and, therefore, efficient society. Accordingly, representation of SC/STs which constitute about 24.4% as per Census 2011 of the total population of the country and whose representation in the State administration is small, if not totally absent, will lead to efficiency in the administration. So, the intention of the constitution makers directed that in consistency with the goal of maintenance of efficiency of administration of SC/STs must be duly represented in the State administration. It may also be argued that active inclusion of about such percentage of population into the category from which the administrators have to be selected creates wider choice must naturally lead to selection of better administrators. Thus the words ‘consistently with the maintenance of efficiency of administration are not the words of limitation but of guidance that in order to ensure maintenance of efficiency of administration the claim of SC/STs must be taken into consideration in making the appointments to services and posts qua the affairs of the Union and the States.