Our system of elections started in the year 1932, when India went on to create a unique electoral system to elect its representatives. Unlike any of the modern nations, India not only had a social system of treating its own people as untouchables, but ensured representation in legislative bodies for its most oppressed communities of untouchables and tribals through reserved seats. The scheme originally was planned for only ten years in the 1950 Constitution and was extended solely to ensure accelerated development of the untouchables and tribal communities, who even after such unique representation were continuously oppressed. This was probably a way the nation would wash its sins (and the continuing sins) of thousand of years of oppression and alienation. After eight decades of such a system of elections, almost a fourth of Parliament today comprises of the Scheduled Caste (untouchable) and Scheduled Tribe (tribal) members.
This all happened because on August 4, 1932, Dr B.R. Ambedkar secured reserved seats for the untouchables from the British rulers in the run-up to the 1935 Indian Constitution formation. Along with the untouchables, minorities such as Muslims, Sikhs, Indian Christians and Europeans also secured reserved seats. But Mahatma Gandhi objected to the representation of untouchables and went on a fast unto death and eventually an agreement, the ‘Poona Pact’ was agreed on, by which Gandhiji ensured a formula whereby an untouchable candidate’s election would be decided by the majority Hindu voters. In such a formula, the untouchable voters have no role to elect their ‘own’ representatives, unlike Muslims and other minorities, who had their own ‘separate’ seats. Before Independence, India had two elections, in 1937 and 1946.
Ambedkar, forced by the fast-unto-death threat of Gandhi to sign the pact in 1932, went on to later analyse the 1937 results when untouchables were elected for the first time in history. Trying to save Gandhi’s life, Ambedkar had said on September 19, 1932: “I however trust the Mahatma will not drive me to the necessity of making a choice between his life and the rights of my people. For I can never consent to deliver my people bound hand and foot to the caste Hindus for generations to come.” But the Mahatma ensured the latter.
In his 1945 magnum opus, What Congress and Gandhi Have Done to Untouchables, Ambedkar commented on the status of untouchable (SC) legislators in a political party: “They were completely under the control of the Congress party executive. They could not ask a question which it did not like. They could not move a resolution which it did not permit. They could not bring in legislation to which it objected. They could not vote as they chose and could not speak what they felt. They were there as dumb driven cattle. One of the objects of obtaining representation in the Legislature for the Untouchables is to enable them to ventilate their grievances and to obtain redress for their wrongs. The (party) successfully and effectively prevented this from happening.” He observed that the political parties chose less qualified SC persons while selecting candidates for election. “And in the case of the Untouchables, those with little or no qualifications were selected in preference to those who had.”
When the new India Constitution was framed after Independence, the same election formula continued and, as feared, untouchables were “bound hand and foot to the caste Hindus for generations to come”. To vitiate it further, at the fag end of 2012, a Scheduled Caste member of Parliament elected from a Scheduled Caste reserved constituency in UP, did something unprecedented. Under the directions of his upper caste-dominated political party, during a Parliament session, he snatched and tore up a legislative bill intending to restore promotions in jobs to Scheduled Castes—a community he belongs to and was elected from.
What made the MP act against the very purpose for which he was elected from a reserved constituency? Well, the anti-defection law under the Tenth schedule of the Constitution in 1985 grants such power to the political parties whereby no member can speak or vote against the party position in Parliament. Political parties have created a fear psychosis over the anti-defection law and further bound elected members to their commands.
The irony is that a political party from Uttar Pradesh—10 of its 22 MPs are from SC-reserved constituencies—employed these very MPs to act in such a deplorable manner. In such a situation, there is no doubt that it’s time the anti-defection law is amended so that its draconian nature does not compel reserved seat legislators to use it against the very purpose for which reserved seats were created by the founding fathers of the Constitution.
(The author is an IAS officer. Views expressed are personal.)
In his opinion piece Bound Hand and Foot (Feb 4), Raja Sekhar Vundru makes the important point that it was the Poona pact that permanently sealed the “non-representation” of Scheduled Castes and Scheduled Tribes. The only way to correct this mistake is to reopen the debate on this issue and see how the excluded communities get the true right to elect their representatives. I must extend my congratulations to Dr Vundru, for giving the debate a historical context.
The time has come to end the unfortunate practice of getting ‘dummy’ SC/ST legislators elected. Vundru is right in suggesting that there should be a minimum qualification for candidates contesting from reserved constituencies so that they are able to recognise their rights and responsibilities.
Meenakshi Malik, Bangalore
Somewhat interesting article but deeply flawed. There is no causal connection shown between the anti-defection law and the actions of the SC Member of Parliament. No details are presented either. Which party did the Member belong to? What were his stated reasons for tearing up the bill? Who presented the bill and what were its provisions? Why would the anti-defection law force the MP to tear up the bill? So many aspects that need to be addressed have not even been alluded to in this pathetic article. It's quite clear that the author is trying to manipulate the mind of the reader while withholding crucial facts. It wouldn't be far fetched to say that the author is attempting to bind the mind of the reader "hand and foot".
Very interesting article from Dr.Raja Sekhar Vundru. It was good to know the history and how the reservation system was evolved over a period of time. The stand taken by Gandhi ji and INC on the so called ‘communal award’ was very calculated move to deny the rights to the untouchable(SCs) communities to elect their own representatives rather than by the entire population, where SCs population was in minority. On the face of it, this decision of Gadhi ji to oppose the ‘communal award’ comes from a position of ‘nationalistic’ stand but underneath lays a strong political and obviously to deny an important right to untouchable communities to elect their own representative. It remains a mystery in the life of Gandhi ji who fought against the practice of untouchability but not against the caste system! A similar tactics of representation based on Poona pact was followed in the post-Independence. This debate needs to be understood in the post Poona pact, where Gandhi ji and other signatories have miserably failed to address key issues of SCs as stated in Poona pact. The consequences of such decision had far reaching impact on SCs and STs. The Poona pact and the discourse around this issue had exposed two important leaders of Indian history, namely Gandhi ji and Dr.Ambedar on issues of ‘representation’ and ‘right to determination’ and ‘caste’. It was interesting to note the observations made by Dr.Ambedkar in 1945, which seems to reflect the present position on the status of elected representatives of SCs and STs. It was interesting to see Dr.Vundru linked this debate with the recent incident happened in the Parliament. It was irony that one elected representatives of SCs was in forefront to disrupt the protective measures of SCs in employment. I doubt how come this MP involved in this episode could be allowed to continue to be a representative of SCs and STs in the Parliament? I fully agree with the author that the seeds of ‘non-representation’ was indeed permanently sealed in “Poona pact”. The only way to correct this historical mistake is to ‘re-open’ the debate on this issue and see how the excluded communities will get their true right to elect their own representatives. Making changes in Anti defection law alone will not address this problem but examining the whole system of representation might throw some alternatives. I congratulate Dr.Vundru for putting this debate in both historical and present context and linking this to future discourse.
It is bad enough that through government policy the likes of Vudru are selected as IAS officers - because of their caste.
Its even worse to listen to their foul mouthed tantrums, which are casteist, attacking even the father of the nation.
Truth be told, Mr. Vudru, the real casteism in the 21st century is the one based on gender.
A very nice article.There are many myths in India and they being perpetuated.Minorities have been the victims.More and more people like this author must voice their concerns and a change would happen sooner or later.
@Charan Dewry: You are right and Dr.King said the same.
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