I have had a love-hate relationship with the concept of reservation. From being ignorant about it to finally appreciating the need for it, I grew up! I was sitting in a law class in the very semester of college when the topic came up for discussion. The professor, sensing the room, picked it up with great care. After carefully listening to everyone, he did not share his opinion. Instead, he put forward the story behind the need for reservation as observed in the discourse of Indian society post-independence and reflected in the Constituent Assembly debates.
It was after this class, I decided to dig deep and take a look at how a concept as important as reservation took the form of a political tool. I remember how that week of reading took me places like never before! From analyzing 'merit' as a subjective concept to understanding the principles of substantive and distributive equality, it was a good ride.
What is the relevance of this incident from 2015 today? 7 years later, Indian Supreme Court is contending the principles of merit and reservation once again. It is in the background of the mandate of the 103rd constitutional amendment act that added a new category of reservation under the Economically Weaker Section. While the issue reached court halting NEET counselling, honorable court has taken a wider point of view rolling the ball again on merit and reservation debate.
In this post, I am sharing a few quotes verbum dicendi to provide a fresh perspective to my friends who read this post.
Before that, what is substantive and distributive equality?
Substantive Equality: equitable outcomes and equal opportunities for disadvantaged. eg: reservation
Distributive equality example: social security schemes, medicare for elderly or favourable provisions for veterans.
Now back to original purpose: One reason why I share these with you is to resolve the misconceptions around merit. We need to revisit its reflection in marks!
Let’s go!
ON MERIT AND RESERVATION
While holding constitutional validity of reservation for OBCs in All India Quota for NEET, SC made the following remarks
- reservation is not at odds with merit but 'furthers' its distributive consequences
- Merit can’t be reduced to a narrow definition of performance in the open competitive examination and high scores in an exam are not a proxy for merit
- Merit should be socially contextualized and re-conceptualised as an instrument that advances social goods like equality that we, as a society, value.
- Competitive examinations assess basic current competency to allocate educational resources but are not reflective of excellence, capabilities, and potential of an individual which are also shaped by lived experiences, subsequent training and individual character
- Further, they don’t reflect social, economic, and cultural advantage that accrues to certain classes and contributes to their success in such examination
- Articles 15(4) and 15(5) aren’t exceptions to Article 15(1)
- 15(1) state shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them
- 15(4) enables the state to make a reservation for SCs and STs
- 15(5) empowers the state to make a reservation in educational institutions
- 15 (4/5) aren’t exceptions to 15(1) but become a restatement of the rule of substantive equality that has been set out in 15(1)
- Individual difference may be a result of privilege fortune or circumstances but it can’t be used to negate the role of reservation in remedying the structural disadvantage that certain groups suffer
On Merit v/s Quota (Reservation)
- open competition exam may ensure formal equality where everyone has an equal opportunity to participate. However widespread inequalities in the availability of access to educational facilities will result in the deprivation of certain classes of people who would be unable to effectively compete in such a system.
- Special provisions (like reservation) enable such disadvantaged classes to overcome the barriers they face in effectively competing with forward classes and thus ensuring substantive equality
On ‘privileges’ to forward classes
- not limited to having access to quality schooling and access to tutorials and coaching centres to prepare for a competitive examination but also includes their social networks and cultural capital (communication skills, accent, books or academic accomplishments) that they inherit from their family
- The cultural capital ensures that a child is trained unconsciously by the familial environment to take up higher education or high posts commensurate with their family’s standing.
- This works to the disadvantage of the first generation learner’s and come from communities whose traditional occupations do not result in the transmission of necessary skills required to perform well in an open examination
- They have to put in the surplus effort to compete with their peers from the forward communities
- On the other hand, social networks become useful when individuals seek guidance and advice on how to prepare for exams and advance their career if their immediate family does not have the necessary exposure.
- Thus, a combination of family habits, community linkages, and inherited skills work to the advantage of individuals belonging to certain classes which are then classified as ‘merit’ reproducing and reaffirming social hierarchies.
- BK Pavithra v. Union of India
“how apparently neutral systems of examination perpetuate social inequalities”
This doesn’t mean that excelling in these exams is a cakewalk but it is necessary to understand that ‘merit’ is not solely of one’s own making.
While exams are a necessary and convenient method of distributing educational opportunities marks may not always be the gauge of individual merit.
At best, an exam can only reflect the current competence of an individual but not the gamut of their potential, capabilities or excellence, which are also shaped by lived experiences, subsequent training and individual character.
The meaning of merit itself cannot be reduced to marks even if it’s a convenient way of distributing educational resources
Role of reservation
- Opportunities are distributed in such a way that backward classes are equally able to benefit from such opportunities which typically evade them because of structural barriers
- This is the only manner in which merit can be democratizing force that equalizes inherited disadvantages and privileges.
- Otherwise, the claims of individual merits are nothing but tools of obscuring inheritances that underlie achievements
- How we assess merit should also encapsulate if it mitigates or entrenches inequalities
PS: Got a word to share, discuss or counter on any of these? Drop a comment! :)
Mail: phimaanshu@gmail.com