logo
Caste re-enumeration in three months will be Herculean task: Experts

Caste re-enumeration in three months will be Herculean task: Experts

The Hindu3 days ago

A new full-fledged survey of Karnataka's population to identify backward classes and later classify them into categories to provide reservation, as announced by the State government, could take months to be undertaken and for the report to be prepared, said experts.
While the State government's decision to accept the 2015 Socio-Economic and Educational Survey (caste census) conducted by the Karnataka State Commission for Backward Classes 'in principle' and conduct a new survey has been termed 'logic defying' by some, the Cabinet meeting on Thursday is likely to spell out a proper road map.
Sources in the Chief Minister's Office said that the H. Kantharaj Commission's survey conducted at a cost of ₹165 crore and the report submitted by K. Jayaprakash Hegde Commission based on the survey was as good as 'junked.'
'The government is hopeful of completing the survey in three months the way the Telangana government completed its survey,' sources said.
However, those who have worked in the Backward Classes Commission, especially during the 2015 survey, expressed doubts about the possibility of completion within 90 days. 'Preparatory work for the survey includes identifying and drawing a list of castes and sub castes, preparing the questionnaire, bringing up a handbook, drawing up house list/ block list, appointment and training of enumerators, among many other things, and this takes at least six to eight months.'
Bigger population
At the time of the new survey, the projected population of Karnataka will be nearly 7 crore for which at least 1.5 lakh enumerators are required, it is estimated. In 2015, 5.98 crore people or about 95% of the total population was enumerated by about 1.35 lakh personnel.
'The enumerators are normally teachers. The Right to Education Act, 2009, prohibits the use of teachers for any other work during the academic year. They can be used only during holidays. In such a scenario, the work cannot be undertaken in the next few months,' sources said. 'If the survey is hurried, it could end up making mistakes and get into legal trouble,' an expert, formerly with the commission, warned.
More parameters
Another source, who was earlier in the commission, said that the survey work has to commence from a very basic level as those opposing the 2015 survey had cast aspersions on almost everything. 'The earlier two commissions focused on the provisions of Article 15 (4) of the Constitution on education and social backwardness. They did not touch provisions of Article 16 (4) for adequate representation. Without study on adequate representation, how will you understand the benefits that the castes have received in public education and employment avenues? This has to be included in terms of reference for the new survey.' Unless adequate representation is studied, the reclassification of caste is not scientific,' sources added.

Orange background

Try Our AI Features

Explore what Daily8 AI can do for you:

Comments

No comments yet...

Related Articles

How the Constitution came to represent our civilisational ethos
How the Constitution came to represent our civilisational ethos

Hindustan Times

time2 hours ago

  • Hindustan Times

How the Constitution came to represent our civilisational ethos

These days it has become fashionable for political leaders to swear by the Constitution, and even flaunt a copy of it in public rallies. Yet few are fully aware of the drama and sweat that went into its making. The Constitution was a product of three years of intense and cerebral deliberations of the Constituent Assembly (CA), from August 1946 to January 26, 1950, when it was signed by each member and formally adopted. We celebrate that day as Republic Day. But there is a long history preceding the convening of the CA. The idea was first mooted by VK Krishna Menon (later the country's defence minister) as far back as 1933. In 1936, at its Lucknow session, the Congress party formally asked for it. When there was no immediate response from the British, C Rajagopalachari strongly reiterated the appeal. The British accepted it in August 1940. Finally, under the British Cabinet Mission Plan, elections to the CA were held in July 1946. Not many know that these elections were not held under universal suffrage. The nominees were elected by the Provincial Assemblies by a single transferable vote system of proportional representation. To this were added the elected nominees of 93 princely states, and one each from the chief commissionerships of Delhi, Ajmer-Merwara, Coorg and Baluchistan. The elections were completed by 16 August 1946. Congress representatives had the lion's share of 69%. The Muslim League won 73 seats. On the announcement of a separate Indian state, the League boycotted the CA, but 28 of its 73 members chose to ignore the boycott. In its final configuration, the CA consisted of 299 members. Although not directly elected, they represented an entire spectrum of views — conservatives, progressives, Marxists, and all beliefs, including Hindu revivalists and Islamic votaries. Historian Granville Austin has described the CA as 'India in microcosm'. Rajendra Prasad, later the first President of India, was elected as the chairperson. Harendra Coomar Mookherjee, a Christian and former vice-chancellor of Calcutta University, was elected vice-president. BR Ambedkar was the chairperson of the drafting committee. He was ably assisted by jurist BN Rau, who as Constitutional advisor, prepared the first draft. The CA had 114 sittings spread over two years, 11 months and 18 days. Spirited debates took place on several issues: Universal suffrage, which some thought was premature, until Jawaharlal Nehru put an end to the debate by saying, 'the voice of a peasant is as precious as that of a professor'; the integration into the Union of princely states, ably steered by Sardar Vallabhbhai Patel; federalism, and the use of emergency powers by the Centre, but only in 'extraordinary circumstances'; language and linguistic states; fundamental rights versus directive principles; and reservations and social justice. Ambedkar's insistence on reservations for Scheduled Castes and Scheduled Tribes faced some opposition, but his will prevailed when he bluntly said that if this is not done, 'those who suffer from inequality will blow up the structure of democracy'. There were voices wanting Hindu heritage to be especially acknowledged, but after prolonged debate, the consensus was that the Republic will treat all religions equally. On 26 November 1949, the Constitution was passed, the longest of its kind in the world, with 395 Articles, eight Schedules, and 22 Sections, a remarkable tribute to its creators. As I studied its making, two often ignored facts struck me. First, there were 17 feisty women in the CA, including G Durgabai, Sucheta Kriplani, Sarojini Naidu, Vijayalakshmi Pandit, and Kamala Chaudhri. They formed a distinctive voice, and have been referred to as the 'Mothers of the Constitution'. Second, I was surprised at how preponderant the best minds of South India were. For instance, in the six-member drafting committee chaired by Ambedkar, save KM Munshi, the others were south Indian scholars: Alladi Krishnaswamy Iyer, Gopala Swamy Ayyangar, N. Madhava Rao and TT Krishnamachari. The house committee chairman was Pattabhi Sitaramayya. The second vice-president of the CA, elected later, was VT Krishnamachari. And, of course, the Constitutional advisor was BN Rau. So, next time when political leaders brandish the Constitution, they should be aware of how much pan-Indian thought went into its preparation. Its courageous Preamble represents the soul of a nation, and the entire document our civilisational ethos. Pavan K Varma is author, diplomat, and former Member of Parliament (Rajya Sabha). The views expressed are personal. Get 360° coverage—from daily headlines to 100 year archives.

Preventive detention must not act as a substitute for criminal prosecution or bail: SC judgment
Preventive detention must not act as a substitute for criminal prosecution or bail: SC judgment

The Hindu

time2 hours ago

  • The Hindu

Preventive detention must not act as a substitute for criminal prosecution or bail: SC judgment

The Supreme Court has held that the extraordinary measure of preventive detention must not be used as a substitute for criminal prosecution or to bypass orders of bail. A Vacation Bench headed by Justice Sanjay Karol observed that preventive detention 'should not be resorted to when ordinary criminal law provides sufficient means to address the apprehensions leading to the detention order'. The Bench referred to judicial precedents from the apex court which had held that the law of preventive detention should not be used 'merely to clip the wings of an accused who is involved in a criminal prosecution'. Great care must be taken before detaining a person who is out on bail, it added. 'When a person is enlarged on bail by a competent criminal court, great caution should be exercised in scrutinising the validity of an order of preventive detention which is based on the very same charge which is to be tried by the criminal court,' the judgment said. The judgment came in an appeal against a September 2024 order of the Kerala High Court, which had upheld a Palakkad District Magistrate's direction to detain a man under the Kerala Anti-Social Activities (Prevention) Act, 2007. His wife had appealed to the Supreme Court after the High Court refused to intervene in favour of the man, who was described as a 'notorious goonda of the district' and a moneylender. 'The provision for preventive detention is an extraordinary power in the hands of the State that must be used sparingly. It curtails the liberty of an individual in anticipation of the commission of further offence(s), and therefore, must not be used in the ordinary course of nature,' Justice Karol, who authored the verdict, observed. Preventive detention is recognised in the Constitution under Article 22(3)(b). 'The power of preventive detention is an exception to Article 21 and, therefore, must be applied as such, as an exception to the main rule and only in rare cases,' Justice Karol cautioned. Allowing the wife's appeal to quash the preventive detention order, the Supreme Court said the detention order in question did not ascribe any reason as to how the actions of the detenu were against the public order of the State. 'Given the extraordinary nature of the power of preventive detention, no reasons are assigned by the detaining authority as to why and how the actions of the detenu warrant the exercise of such an exceptional power,' the apex court explained.

Constitution an evolving document, adapting itself to changes: CJI BR Gavai
Constitution an evolving document, adapting itself to changes: CJI BR Gavai

Business Standard

time3 hours ago

  • Business Standard

Constitution an evolving document, adapting itself to changes: CJI BR Gavai

Chief Justice of India Bhushan Ramkrishna Gavai referred to the Indian Constitution as a living, organic, and evolving document that adapts to the changes demanded by various circumstances. Speaking at the Edinburgh Law School on the topic 'Constitution As An Evolving Document', the CJI said that in the last 75 years, the Constitution has witnessed several amendments in order to meet the challenges of the changing times. "As and when certain issues arose on account of the interpretation of the Constitution given by the Supreme Court, the Parliament has rose to the occasion, and has provided answers by way of amending the Constitution, so as to meet the changes of the new generations, the changes as demanded by the change in the circumstances," the CJI said in a speech on Friday. Gavai had earlier described the Constitution as a "quiet revolution etched in ink" and a transformative force that not only guarantees rights but actively uplifts the historically oppressed. Speaking at the Oxford Union in London on the theme 'From Representation to Realisation: Embodying the Constitution's Promise' on Tuesday, the CJI, the second Dalit and the first Buddhist to hold India's highest judicial office, highlighted the positive impact of the Constitution on marginalised communities and gave his example to drive home the point.

DOWNLOAD THE APP

Get Started Now: Download the App

Ready to dive into the world of global news and events? Download our app today from your preferred app store and start exploring.
app-storeplay-store