PHASE - 3

Note: Read Part 2A Here.

Nationalization of the Discourse

17) MORARJI DESAI & THE MANDAL COMMISSION REPORT [17], 1980
The Pendulum Swings Left

The Second National Backward Classes Commission was appointed by the President Neelam Sanjiva Reddy under the urging of the Janata Party Prime Minister Morarji Desai’s Cabinet as a direct consequence of political pressure from North Indian backward caste political leaders. The Report recommended 27% reservation for OBCs in central government jobs and public sector undertakings (plus higher education seats), bringing total reservations (with SC/ST) to 49.5%. The report was tabled after the Desai government fell and was ignored by subsequent Congress governments for the next decade.

We can see some of B.P.Mandal’s thought process in these excerpts from his report.

Castes are the building bricks of Hindu social structure, All sorts of virtues and evils have been attributed to the caste system by the social historians. But this controversy is not germane for our purpose. Here we are mainly concerned with the manner in which caste has fragmented the social consciousness of Hindu society by dividing it into numerous groups arranged in a hierarchical order. In his Contemporary Indian Philosophy, Prof. A. R. Wadia has observed "The high metaphysics of Upanishads and ethics of the Gita have been reduced to mere words by the tyranny of the caste. Emphasising the unity of the whole world, animate and inanimate, India has yet fostered a social system which has divided her children into water-tight compartments, divided them from one another, generation to generation, for endless centuries." It may be further remarked that in this process of division, groups called castes have been permanently assigned high or low ranks simply on the basis of birth.

The real triumph of the caste system lies not in upholding the supremacy of the Brahmin, but in conditioning the consciousness of the lower castes in accepting their inferior status in the ritual hierarchy as a part of the natural order of things. In India caste system has endured for over 3,000 years and even today there appear no symptoms of its early demise. No social institution containing so large an element of inequality and discrimination towards majority of the people can survive that long in a purely social context. It was through an elaborate, complex and subtle scheme of scripture, mythology and ritual that Brahmanism succeeded in investing the caste system with a moral authority that has been seldom effectively challenged even by the most ardent social reformers. How religion and mythology were used to weave this magic web, we shall try to show with the help of some well-known examples.

The concept of divine origin of the caste system has the authority of the holiest Hindu scriptures, As mentioned earlier, Rigveda describes the creation of four Varnas from the limbs of Purshasukta. The Taittiraya Samhita not only ascribes the origin of Chaturvarna from the limbs of the Creator, but also interprets this origin theologically and gives divine justification of their functions and status. In Gita, Lord Krishna says, "The four-fold Order was created by Me, on the basis of quality and action.

From the foregoing it will be seen that despite the resolve of our Constitution-makers to establish a casteless society, the importance of caste has increased in some of the most important spheres of our national life. As electoral politics is primarily a numbers game, this development was implicit in the very scheme of things, Of course, as pointed out by Rajni Kothari, the institution of caste has played a useful role by providing ready-made traditional channels of mobilisation and articulation. Yet the hard fact remains that the excessive and unrestrained use of these channels has only helped to deepen and, broaden them.

The pace of social mobility is no doubt increasing and some traditional features of the caste system have inevitably weakened. But what caste has lost on the ritual front, it has more than gained on the political front. This has also led to some adjustments in the power equation between the high and low castes and thereby accentuated social tensions, Whether these tensions rent the social fabric or the country is able to resolve them by internal adjustments will depend on how understandingly the ruling high castes handle the legitimate aspirations and demands of the historically suppressed and backward classes.

Whereas the backward classes looked upon Articles 15(4) and 16(4) as a sort of charter of rights, the forward classes and upper classes felt greatly cramped by the provision of reserved quotas in educational institutions and government employment. This greatly hurt their self-interest and they considered it as a denial of "equality of opportunity", "equality before the law” and a breach of Fundamental Rights. Consequently, scores of aggrieved parties filed petitions before various High Courts and the Supreme Court for this enforcement of their alleged Fundamental Rights and, over the years, a considerable body of case law has grown on this issue.”

He then quotes G.S.Ghurye

4.10 "........ the Shanar, toddy-tapper of Madras, contaminates a Brahmin if he approaches the latter within twenty-four paces...... A Nayar may approach a Nambudiri Brahmin but must not touch hirn, while a Tiyan must keep himself at the distance of thirty-six steps from the Brahmin, and a Pulayan may not approach him within ninety-six paces. A Tiyan must keep away from a Nayar at twelve paces, while some castes may approach the Tiyan, though they must not touch him.
4.11 "... In the Maratha country a Mahar - one of the untouchables-might not spit on the road lest a pure-caste Hindu should be polluted by touching it with his foot, but has to carry an earthen pot, hung from his neck, in which to spit. Further he had to drag a thorny branch with hiin to wipe out his footprints and to lie at a distance prostrate on the ground if a Brahmin passed by, so that his foul shadow might not defile the holy Brahmin”

18) V.P..SINGH & THE NATIONWIDE IMPLEMENTATION OF THE MANDAL COMMISSION’S RECOMMENDATIONS [18], 1991
The Pendulum Swings Left

After being ignored as divisive for a decade by successive governments, the report was finally actualized by the National Conference government headed by Prime Minister V.P.Singh. The decision accelerated his government's collapse—BJP withdrew support as did JD rebels. The implementation of Mandal’s recommendations transformed Indian politics by making caste a central electoral axis. Here are V.P.Singh’s words in parliament in support of his decision.

We talk about merit. What is the merit of the system itself? That the section which has 52% of the population gets 12.55% in Government employment. What is the merit of the system? That in Class I employees of the Government it gets only 4.69%, for 52% of the population in decision-making at the top echelons it is not even one-tenth of the population of the country; in the power structure it hardly 4.69. I want to challenge first the merit of the system itself before we come and question on the merit, whether on merit to reject this individual or that. And we want to change the structure basically, consiciously, with open eyes. And I know when changing the structures comes, there will be resistance....

What I want to convey is that treating unequals as equals is the greatest injustice. And, correction of this injustice is very important and that is what I want to convey. Here, the National Front Government's Commitment for not only change of Government, but also change of the social order, is something of great significance to all of us; it is a matter of great significance. Merely making programmes of economic benefit to various sections of the society will not do....

19) INDRA SAWHNEY V. UNION OF INDIA[19], 1992
The Pendulum Swings Left and Tries to Hang Center of Left

Indra Sawhney was a lawyer and the lead petitioner in this landmark Supreme Court case. She filed the first major writ petition (as a public interest litigation) in 1990 challenging the V.P. Singh government's implementation of the Mandal Commission's recommendations for 27% reservation for Other Backward Classes (OBCs) in central government jobs.

The Supreme Court upheld the 27% OBC quota with safeguards such as the introduction of the creamy layer exclusion for OBCs, reaffirmation of the 50% ceiling on total reservations and ruling that there were to be no reservations in promotions (later amended). The ruling also stated that caste can be a valid indicator of backwardness but not the only one and that the word class can operate across religions.

It was a landmark judgement that set the stage for the everything that has come after. 

...we direct the Government of India to specify the basis of exclusion - whether on the basis of income, extent of holding or otherwise - of 'creamy layer'. This shall be done as early as possible, but not exceeding four months. On such specification persons falling within the net of exclusionary rule shall cease to be the members of the Other Backward Classes (covered by the expression 'backward class of citizens') for the purpose of Article 16(4).

The reservations contemplated in Clause (4) of Article 16 should not exceed 50%, while 50% shall be the rule, it is necessary not to put out of consideration certain extraordinary situations inherent in the great diversity of this country and the people.

...a caste can quite often be a social class in India. If it is backward socially, it would be a backward class for the purposes of Article 16(4). Among non-Hindus, there are several occupational groups, sects and denominations, which for historical reasons are socially backward. They too represent backward social collectives for the purposes of Article 16(4). (b) Neither the Constitution nor the law prescribe the procedure or method of identification of backward classes. Nor is it possible or advisable for the court to lay down any such procedure or method. It must be left to the authority appointed to identify. If can adopt such method/procedure as it thinks convenient and so long as its survey covers the entire populace, no objection can be taken to it. Identification of the backward classes can certainly be down with reference to castes among, and along with, other groups, classes and sections of people. One can start the process with the castes, wherever they are found, apply the criteria (evolved for determining backwardness) and find out whether it satisfies the criteria. If it does - what emerges is a "backward class of citizens" within the meaning of and for the purposes of Article 16(4).

 

PHASE - 4

A SLEW OF AMENDMENTS

20) 77TH AMENDMENT [20], 1995
The Pendulum Swings Left

Inserted Article 16(4A), enabling reservations in promotions for Scheduled Castes (SCs) and Scheduled Tribes (STs) if they were inadequately represented in state services. This nullified the Indra Sawhney bar on promotion reservations (initially limited to five years, later made permanent). 

21) 81ST AMENDMENT [21], 2000
The Pendulum Swings Left

Added Article 16(4B), allowing the carry-forward rule for unfilled reserved vacancies to subsequent years. These could be treated as a separate class, effectively permitting breaches of the 50% ceiling in a given year without violating the overall limit. 

22) 82ND AMENDMENT [22], 2000
The Pendulum Swings Left

Amended Article 335 to allow relaxation in qualifying marks/standards of evaluation for SC/ST candidates in promotions, overriding earlier restrictions. 

23) 85TH AMENDMENT [23], 2001
The Pendulum Swings Left

Further amended Article 16(4A) to provide consequential seniority to reserved candidates promoted earlier (ensuring they retain seniority over general category candidates promoted later), nullifying the "catch-up rule" from cases like Virpal Singh Chauhan (1995) and Ajit Singh (1996/1999).

24) 93RD AMENDMENT [24], 2005
The Pendulum Swings Left

Added Article 15(5), enabling 27% OBC reservation in admissions to centrally aided private educational institutions (excluding minority institutions), extending Mandal benefits to higher education. 

25) 103RD AMENDMENT [25], 2019
The Pendulum Swings Left in order to Hang Center

Introduced 10% reservation for Economically Weaker Sections (EWS) from the general/unreserved category (based solely on economic criteria, excluding SC/ST/OBC). This was upheld in Janhit Abhiyan v. Union of India (2022) by a 3:2 majority, marking a shift toward economic-based affirmative action and effectively treating the 50% cap as not inviolable (EWS quota applied "in addition" to existing reservations). 

 

PHASE - 5

THE ARRIVAL OF AMERICAN ONTOLOGY

26) 2012 UGC GUIDELINES [26], 2012
The Pendulum Swings Far Left

We see here that a lot of DEI vocabulary is being seeded into the system with definitions that sound neutral.

These regulations may be called the UGC (Promotion of Equity in Higher Educational Institutions) Regulations, 2012.

Discrimination means any distinction, exclusion, limitation or preference which has the purpose or effect of nullifying or impairing equality of treatment in education.

Equity means a level playing field for all students in respect of the entitlement and opportunity for enjoyment of all legitimate rights.

Harassment means unwanted conduct which is persistent and demeans, humiliates or creates a hostile and intimidating environment or is calculated to induce submission by actual or threatened adverse consequences.

Victimisation means any unfavorable treatment of a student on the basis caste, creed, religion, language, ethnicity, gender and disability.

Every higher educational institution shall take appropriate measures to – 
a) safeguard the interests of the students without any prejudice to their caste, creed, religion, language, ethnicity, gender and disability.
b) eliminate discrimination against or harassment of any student in all forms in higher educational institutions by prohibiting it and by providing for preventive and protective measures to facilitate its eradication and punishments for those who indulge in any form of discrimination or harassment;
c) promote equality among students of all sections of the society.

No higher educational institution shall discriminate a student belonging to the Scheduled Castes and the Scheduled Tribes categories, or allow or condone any constituent of the higher educational institution to discriminate such a student or group of such students...

27) 2026 UGC GUIDELINES [27], 2026
The Pendulum Swings Far Left

The 2026 UGC Guidelines expand upon earlier 2012 provisions, extending equity rules to cover OBCs, apart from SCs and STs who were already covered. An entire new architecture was envisioned for in-house and legal imposition of these rules on college students. Equity-speak is now entrenched. Orwellian terms like “Equity-Squads” have been introduced. Woke administrative systems culled directly from American Universities (DEI) are seen in a fully fleshed out form.

To eradicate discrimination only on the basis of religion, race, gender, place of birth, caste, or disability, particularly against the members of scheduled castes and scheduled tribes, socially and educationally backward classes, economically weaker sections, persons with disabilities, or any of them, and to promote full equity and inclusion amongst the stakeholders in higher education institutions. 

And whereas the National Education Policy 2020 recognises ‘full equity and inclusion’ as the cornerstone of all educational decisions to ensure that all students are able to thrive in the education system.

And whereas the University Grants Commission intends to promote equity in Higher Education Institutions.  

Caste-based discrimination means discrimination only on the basis of caste or tribe against the members of the scheduled castes, scheduled tribes, and other backward classes.

Every HEI shall also constitute a smaller body to be known as ‘Equity Squads’ with such representation as is considered necessary for maintaining vigil and preventing any discrimination on the campus. The HEI may constitute the Equity Squads in the required numbers, and such squads will remain mobile… The Equity Squads shall submit their reports to the Coordinator of the Equal Opportunity Centre. 

Every HEI shall- 
(a) have a duty to eradicate discrimination;
(b) have a duty to promote equity among stakeholders  

It shall be the duty of the Head of the Institution to see that these regulations are duly observed.

Every HEI shall establish an Equal Opportunity Centre to oversee the effective implementation of policies and programmes for disadvantaged groups; to provide guidance and counselling regarding academic, financial, social, and other matters; and to enhance the diversity within the campus. Provided that if a college does not have at least five faculty members to establish the Equal Opportunity Centre, the functions of the Equal Opportunity Centre of the college shall be performed by the Equal Opportunity Centre of the university to which the college is affiliated.  

The Centre shall establish coordination with civil society, local media, police, district administration, non-government organizations working in the field, faculty members, staff, and parents to realise the objective of these regulations. The Equal Opportunity Centre shall coordinate with the District Legal Services Authority and the State Legal Services Authority concerned to achieve the objectives of these regulations in general and to provide legal aid in deserving cases.

28) SUPREME COURT’S STAY ORDER [28], 2026

The Pendulum Hangs Center of Left

Mritunjay Tiwari, Vineet Jindal, Rahul Dewan, etc. challenged the UGC guidelines in the Supreme Court via writ petitions arguing that the new regulations were discriminatory and prone to be mis-used.

“Upon a prima facie consideration, it appears to us that some of the provisions of the Impugned Regulations suffer from certain ambiguities, and the possibility of their misuse cannot be ruled out.”

POST SCRIPT

The above short history reveals the disparate strands of thought that have contributed to the making of the double helix of Natural Law and Social Justice playing out in our society and nation. Contrary to what many of us believe, none of these ideas are new. Many are at least a century old. They are just brought out of deep-freeze every ten years when political parties feel the need to move the pendulum further left. These ideas include the now familiar tropes of -

1. JAUH – Representational Equality

2. Equality as Equal Opportunity

4. Equality as Distributive Equality

5. Equality as Equity

6. Equity as Equal Outcome

7. Equity as Variable Standards for Admission and Promotion

8. Quotas in Admissions

9. Quotas in Promotions

10. Aryan Invasion Theory

11. Brahmanical Dominance

12. Brahmanical Cunning

12. Caste System Evil - needs annihilation

13. Caste System Useful - but no longer relevant

14. Western System Enlightened – We need to be Reformed

15. Buddhism Good – Hinduism Bad

16. Merit versus Reservations

17. Reservations lead to loss of Efficiency in the System

18. Merit leads to loss of Opportunity for People

19. Reservations for Caste or Class?

20. Reservations for Non-Hindus?

21. Casteless Society vs Casteless Government

22. Will caste based Reservations lead to more antagonism or less?

23. Will caste based Reservations be a ladder or a crutch?

24. Merit leads to Development

25. Reservations lead to Development

26. Is Backwardness - Social, Educational or Economic?

27. State-Citizen-Judiciary triad

What’s the right Balance? Who will hold the line?

REFERENCES

17.https://www.ncbc.nic.in/Writereaddata/Mandal%20Commission%20Report%20of%20
the%201st%20Part%20English635228715105764974.pdf

18. https://indiankanoon.org/doc/1363234/

19. https://indiankanoon.org/doc/1363234/

20. https://www.constitutionofindia.net/read/

21. https://www.constitutionofindia.net/read/

22. https://www.constitutionofindia.net/read/

23. https://www.constitutionofindia.net/read/

24. https://www.constitutionofindia.net/read/

25. https://www.constitutionofindia.net/read/

26. https://www.ugc.gov.in/pdfnews/4360105_UGC-Promotion-of-Equity-in-Higher-Educational-Institutions-Regulations-2012.pdf

27. https://www.ugc.gov.in/pdfnews/1881254_UGC-Promotion-of-Equity-in-HEIs-Regulations-2026.pdf

28. https://indiankanoon.org/doc/82474788/