The article titled “Vanniyakula Kshatriya Reservation and the Ninth Schedule in Focus” starts with the recent Supreme Court ruling on the reservation allocated to the Vanniyakula Kshatriya community in Tamil Nadu, a southern state in India. The court declared that the reservation allotment violates the fundamental rights of several other communities in the state. This development has led to debates about the reservation policy and its effects on different communities.
Supreme Court’s Verdict on Vanniyakula Kshatriya Reservation
The Supreme Court of India pronounced that the 10.5% reservation provided to the Vanniyakula Kshatriya community infringes upon the principle of equality, non-discrimination and equal opportunity of 115 Most Backward Communities (MBCs) and De-Notified Communities (DNCs) in Tamil Nadu. The court viewed the allocation of 10.5% reservation within the 20% quota allotted for MBC as disproportionate and without substantial basis. Further, it pointed out that no analysis or assessment was conducted before introducing the Act in 2021 to support the argument of Vanniyakula Kshatriyas being more marginalized than other MBCs and DNCs. While acknowledging caste as a potential starting point for internal reservation, the court highlighted that the state government must justify the legitimacy of the decision.
Understanding the Vanniyakula Kshatriya Reservation
In Tamil Nadu, reservations make up 69% of the total, as outlined in the 1994 Act safeguarded by the Indian Constitution’s Ninth Schedule. Within this structure, Backward Classes, including Christians and Muslims, receive 30%, MBCs get 20%, Scheduled Castes receive 18%, and Scheduled Tribes 1%. The reservation for the Vanniyakula Kshatriya was established under the State within the reservation for the MBCs and De-notified Communities Act, 2021. The second Tamil Nadu Backward Commission in 1983 found that the Vanniyakula Kshatriyas constituted 13.01% of the total population of Tamil Nadu. Hence, a 10.5% reservation for a community that makes up 13.01% of the population would not seem disproportionate.
The Constitution’s Ninth Schedule Explained
The Ninth Schedule was incorporated into the Indian Constitution through its first amendment. Introduced by the Jawaharlal Nehru Government on May 10, 1951, it aimed to shield land reform laws from legal challenges due to violation of fundamental rights. Incorporation of laws into the Ninth Schedule provides them retrospective operation, meaning they are valid from their inception, even if added to the schedule post declaration of unconstitutionality. This mechanism primarily protects agriculture and land-related laws, though it covers other areas as well. Despite Article 31B exempting laws under the Ninth Schedule from judicial review, the apex court in the past has held that even these laws could be challenged if they are deemed to violate Fundamental Rights or the basic structure of the Constitution.
Supplementary Information: Related UPSC Civil Services Examination Question
For aspiring civil servants or those with a keen interest in Indian history, this question from the 2019 examination is relevant: “The Ninth Schedule was introduced in the Constitution of India during the prime ministership of (a) Jawaharlal Nehru(b) Lal Bahadur Shastri(c) Indira Gandhi(d) Morarji Desai.” The correct answer is (a) Jawaharlal Nehru.
