Provide good governance but not at the cost of social justice

The Narendra Modi government's recent decision to withdraw the lateral entry recruitment policy, following significant pressure from Opposition parties, and widespread protests by the Schedule Caste, Schedule Tribe, and Other Backward Class associations, is seen as a victory for India’s social justice forces.

Opposition leaders, including Rahul Gandhi, M K Stalin, Lalu Prasad, Mayawati, Akhilesh Yadav, and Tejashwi Yadav, along with organisations like the National Confederation of Dalit Organisations (NACDOR) and the All India OBC Students Association (AIOBCSA), strongly opposed the lateral entry process, calling it a blatant violation of constitutional rights. The active involvement of civil society organisations was instrumental in compelling the Union government to reverse its decision.

Notably, the swift withdrawal of this policy, especially when compared to the more prolonged process of repealing the farm laws, highlights the increasingly weakened position of the Modi government at the Centre, and its growing sensitivity to public and political pressure on issues of social justice.

The impact of the Opposition's ‘social justice’ attack and concerns was seen even within the Bharatiya Janata Party (BJP) and their allies the Janata Dal (United) and the Lok Janshakti Party. The Telugu Desam Party supported the process and stated that it would enhance good governance.

In a letter to UPSC chairperson Preeti Sudan, Union minister Jitendra Singh emphasised the Modi government's commitment to upholding social justice, directing the withdrawal of the advertisement for 45 posts in the bureaucracy. Singh affirmed that the process of lateral entry must align with the principles of equity and social justice enshrined in the Constitution, particularly concerning reservations.

This policy, intended to bring in fresh talent from outside the traditional bureaucratic channels, was criticised for bypassing the constitutional mandate of reservations for marginalised communities. The aim is to infuse expertise and specialised knowledge into the administration, bringing in individuals with experience in relevant fields to enhance governance.

The issue of reservation

If these 45 posts were filled through the regular UPSC civil services examination, the Constitution mandates that reservations must be provided to candidates from the SC, ST, and OBC categories. Based on the reservation norms, out of the 45 positions, approximately 22-23 candidates would have come from these marginalised communities. The lateral entry process, however, did not include any provision for such reservations, thus bypassing the system designed to ensure fair representation.

The now-withdrawn recruitment process was based solely on interviews. A recent analysis of UPSC civil services rankers' marks in the prelims, mains, and interview stages shows that candidates from the SC, ST, and OBC communities tend to score better in the prelims and mains but receive lower marks in the interview stage.

The representation of the SC, ST, and OBC communities at the secretary and joint secretary levels in the bureaucracy is alarmingly low, with government data revealing that the SC and ST representation at these levels stands at only 4 per cent and 4.9 per cent, respectively. Their lower representation in the higher bureaucracy, despite reservations in promotions, reflects the caste discrimination that prevails at every stage. This stark underrepresentation highlights the systemic barriers that continue to hinder the advancement of marginalised communities in the higher echelons of governance. Any move to exclude these communities from the lateral entry recruitment process would have further eroded their already minimal presence and further weakened their leadership roles in the bureaucracy.

If the government went ahead with its plan, it would have not only exacerbated existing inequalities but also undermined the foundation of India's social justice framework, which seeks to uplift and empower marginalised communities through affirmative action.

While the intention to improve governance is commendable, it cannot be achieved by bypassing the constitutional mandate of reservations for the SC, ST, and OBC communities. Providing good governance should not come at the cost of social justice.

It is worth noting that while the concept of lateral entry may have been discussed during the Congress-led United Progressive Alliance (UPA) government, the current implementation by the BJP-led National Democratic Alliance (NDA) government lacks the critical provision of reservations. The Second Administrative Reforms Commission (ARC) may have recommended the recruitment of experts, but it did not advocate for a system that disregards the rights of marginalised communities. The NDA government’s approach to lateral entry, even if transparent, failed to address this key issue, and in doing so, it risked deepening existing inequalities.

A transparent and fair system would include mechanisms to ensure that the SCs, STs, and OBCs have equal opportunities in all recruitment processes, including lateral entries. Without this, the claim of improving governance falls short of delivering on the promise of equitable and inclusive development.

The withdrawal of this policy is a reminder that any reform, no matter how well-intentioned, must align with the principles of inclusivity and equality enshrined in our Constitution. Only by ensuring that all communities have equal opportunities can we achieve true governance that serves the entire nation.

(G Kiran Kumar, National President, All India OBC Students Association (AIOBCSA).)

Disclaimer: The views expressed above are the author's own. They do not necessarily reflect the views of DH.