[The following statement, apart from taking a specific position on the
issue, also lays out the various relevant facts.
That way, quite helpful.

The issue, as it appears, is, however, somewhat more tangled and complex.
The income ceiling is, of course, no doubt too high and simply makes
nonsense of the term "EWS".

Beyond that subterfuge, the SCs are allocated 15% and the STs 7.5% quota --
roughly in consonance with their shares in total population.
Roughly half the slots -- in jobs, in state sectors, and education -- are,
or rather were, meant to be "open" or unreserved. These are to be filled on
"merit" only. Anyone -- from whatever caste category is eligible for
consideration against these "open" slots.
With this judgement, the "open" seats would now come down from 50 to 40%.

Till now, apart from SCs and STs, OBCs -- barring the "creamy layer", were
supposed to be allowed 27% reservation.
Unlike in the case of SCs and STs, there's no specific caste-based
enumeration for the OBCs. Even then, this 27% is, obviously, much lower
than than their share in the total population.
But, then, the rest of the population, i.e. the "upper castes" -- except
for the physically challenged and ex-service persons etc -- had zero
reservations.
The rationale is that being already socially privileged and culturally
advantaged, they don't need and merit any "reservation". They can very well
and must compete for the "open" slots -- to be decided on the basis of
"merit" only.
The same logic applies to the OBCs as well -- in a graded fashion though.
It's quite another matter that in absence of further subdivisions, most of
the benefits of "reservation" are cornered by the "uppers" within all these
three broad categories.
*That's just one part*.

The *far more interesting part* is that if we assume that all -- or at
least almost all -- the "open" slots are cornered by the upper castes, then
this 10% "reservation" for the upper castes, carved out of the open 50%,
which is practically "reserved" for them, is actually just meaningless.
More so, the (disentitling) income ceiling having been fixed so absurdly
high.
*It's meant to hoodwink apart from pandering to the upper caste prejudices
against social justice measures.*
On top of that, jobs, as has been noted below, in the state sectors --
because of privatisation -- are shrinking.

Another minor point.
Christian or Muslim STs are treated as STs. But, Muslims and Christians are
not eligible to be considered as SCs. They, generally, count as OBCs.]

http://www.radicalsocialist.in/articles/statement-radical-socialist/980-radical-socialist-statement-on-the-legalisation-of-the-ews-quota

*Radical Socialist Statement on the Legalisation of the EWS Quota*

            Radical Socialist (RS) strongly opposes the SC judgement
upholding the BJP government's policy proposal to enable 10% quota
reservations for Economically Weaker Sections (EWS) in Central government
public sector employment and for access in its higher educational
institutions. This judgement further enables state governments to do the
same if they wish. Given that a host of non-BJP parties---one of the few
exceptions being the DMK---have welcomed this judgement, the states they
rule will try and implement the new policy. Any individual not of the SC,
ST or OBC categories having a parental income under Rs. 8 lakhs annually is
now eligible. The immediate electoral-political benefit will likely be to
the BJP in the coming polls in Gujarat, where Brahmins and upper castes are
around 33% of the population, and in HP where Brahmins and upper castes are
around 50%.This demand for EWS quota has also been raised by Marathas.

            Why does the RS oppose this policy? To begin with, let us
understand the basic moral rationale for affirmative action for particular
groups. Affirmative action---of which reservation quotas are the strongest
form--- is to be given to those communities that have been *socially
oppressed historically*. The enduring character of caste and tribal
stigmatization/oppression and its ascription by birth makes it different
from economic deprivation of individuals (and to an extent even for groups),
for whom there can be, and often is, escape and exit within a lifetime. A
better-off Dalit Adivasi or lower caste is still a Dalit, Adivasi, lower
caste even as the broader overlap between the class poor and these sections
of Indian society remains in place.

·         The new quota specifically excludes SCs, STs, OBCs which means
that the principal beneficiaries---and this is the intended aim of the
BJP---will be Brahmins and upper castes, the very sections guilty of
perpetuating caste discrimination against their 'inferiors'. No matter how
poor individual members of SCs, STs, OBCs are, they cannot apply for EWS
reservation.

·         As things stand, it is more difficult for the class-wise poorest
sections among SCs, STs, OBCs to corner most of the allotted vacancies as
compared to those better-off among them who do. There is no mechanism for
ensuring that the most 'degraded' sub-castes within the SCs or the poorest
Adivasis benefit from subsequent placement rounds.

·         In the case of OBC reservations, there is a "creamy-layer"
cut-off barring those whose parental income is at or above Rs. 8 lakhs
annually. But this is a ridiculously high level since some 90% or
thereabouts of the whole Indian population come below it. What this means
is that of the 27% quota for OBCs, most are taken up not by the lower OBCs
or by the Most Backward Castes (MBCs) but by its upper ranks. The original
creamy layer cut-off for OBCs was RS. 4.5 lakhs annually. In 2013 the
Congress-led UPA government raised this to Rs. 6 lakhs and the Modi
government in 2017 pushed this up to Rs. 8 lakhs. In 2020 a Committee
(which has not so far arrived at a decision) was set up to consider raising
it to Rs. 12 lakhs annually.

·         Since the OBC category at an all-India level is between the range
45% to 55%, its quota unlike those for SCs, STs, is not in proportion to
its weight in the overall population. The justification for keeping the
quota at 27% was that the total quota for all reservations must not exceed
50% or half the total population. Now reservations are exceeding this but
not for OBCs who suffer from this disproportion but for Brahmins and upper
castes. Technically, Muslim and Christian SCs who are not eligible or
recognised as coming under the SC quota, could apply under the EWS
category. But one would have to be extraordinarily naive, politically
speaking, to think that they will benefit from this policy supervised by
Indian governments that are committed to either hard or soft Hindutva. No,
this new quota is to electorally-politically win over *Hindu*
Brahmins/upper castes who are angry with the existing system of caste-based
quotas. They too can now get their share of the overall 'pie' and keep
their caste prejudices and hatreds intact.

·         Is there a case for reservations based on economic criteria
alone? Any serious, even if not definitive case in favour of this, could
only be considered if the cut-off level is much lower than the currently
stipulated and now legally sanctioned Rs. 8 lakhs annually. This is clearly
not the case. And it would have to be available to all castes, religious
groups, ethnicities.

·         Whether the SC, ST and OBC communities in part or whole will now
take umbrage at this new pro-upper caste policy remains to be seen.

            The existing policy of caste reservations is necessary and must
be supported. But we need to note two other points. First of all, there is
a clear hypocrisy at work: this government is systematically pursuing a
neoliberal policy of greater privatization thereby cumulatively reducing
the overall number of jobs available in the public sector for *all* who are
eligible for reservations while pretending to be committed to helping the
oppressed castes and the poor. Secondly, in the absence of crucially needed
*structural* reforms like land redistribution, democratic forms of
collective ownership of farms/factories/firms, generation of universally
available and quality public welfare measures, and various other measures;
reservations remain a stop-gap practice that tends to reinforce caste
divisions rather than being part of a wider process of steadily eroding and
eventually destroying the caste system itself.

[November 8, 2022]

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