How Tamil Nadu Dalit Medical Association’s Letter to Rahul Gandhi Might Transform Reservation Policies Forever?

Chennai- The Dalit Medical Association, Tamil Nadu, has penned a compelling letter lately, to Rahul Gandhi, the Leader of Opposition in the Lok Sabha, urging a constitutional amendment to secure reservation policies for Scheduled Castes (SC), Scheduled Tribes (ST), and Other Backward Classes (OBC) in government services.

Signed by the association’s president, Dr. K. Pugazhendhi, the letter cites two pivotal Supreme Court judgments that declare reservation is not a fundamental right, calling for their rectification by including reservation policies in the Ninth Schedule of the Indian Constitution. This move, the association argues, would be a historic step toward uplifting marginalized communities and fulfilling the vision of India’s Constitution framers.

Supreme Court Rulings

The letter references two landmark Supreme Court decisions that have stirred debate on reservation policies:

• Mukesh Kumar & Anr vs. The State of Uttarakhand & Ors (Civil Appeal No. 1226 of 2020, February 7, 2020): This ruling reiterated that reservation in government appointments is not a right and depends on the discretion of the state. The court stated, “Even if the under-representation of Scheduled Castes and Scheduled Tribes in public services is brought to the notice of this Court, no mandamus can be issued by this Court to the State Government to provide reservation” (Para 16).

• C.A. Rajendran vs. Union of India (AIR 507, 1968 SCR (1) 721, September 29, 1967): A Constitution Bench judgment that similarly held reservation as a discretionary policy, not a constitutional mandate.

Dr. Pugazhendhi argues that these rulings undermine the constitutional intent to ensure social justice for oppressed communities, necessitating urgent reform.

A Persistent Advocacy Campaign

The Dalit Medical Association has been relentless in its efforts to address this issue. The letter details prior representations made to various authorities:

• A petition dated September 19, 2022, to President Droupadi Murmu, which was forwarded to the Ministry of Social Justice and Empowerment on October 11, 2022 (Letter No. P1/E/1110220100, OM No.7-1/2022/FC&PG/ Pre.Sectt./894, October 31, 2022).

• A representation to Dr. Virendra Kumar, Union Minister of Social Justice and Empowerment, on July 6, 2024.

• Communications with Members of Parliament, including those from SC/ST and OBC Welfare Committees, communist, Muslim, and Christian MPs, as well as the Prime Minister’s Office.

The association also highlights a significant political moment in 2020 when the late Ram Vilas Paswan, a prominent Dalit leader, raised the issue in a press conference, advocating for a constitutional amendment to include reservation policies in the Ninth Schedule. This proposal was reportedly supported by J.P. Nadda, then BJP president, as covered by The Hindu on June 13, 2020. However, Paswan’s untimely death due to a heart attack stalled progress, leaving the issue unresolved.

Why the Ninth Schedule?

The Ninth Schedule of the Indian Constitution provides a shield against judicial review for laws included within it, offering a potential safeguard for reservation policies. The association argues that embedding reservation in this schedule would protect it from being diluted by judicial rulings like those cited. Dr. Pugazhendhi emphasizes that appealing these Supreme Court decisions would be futile, making a constitutional amendment the only viable solution to ensure reservation as a fundamental right.

The letter appeals to Rahul Gandhi to leverage his position to spearhead this amendment in Parliament, describing it as a historic opportunity to honor the vision of India’s Constitution framers for a welfare state. It underscores the centuries-long oppression faced by SC/ST/OBC communities, known globally, and positions this reform as a transformative step for social justice in India and beyond.

The demand comes at a time when debates on reservation policies are intensifying, with marginalized communities seeking stronger legal protections. The association’s letter frames this as not just a policy issue but a moral imperative to address historical injustices. By invoking the legacy of India’s constitutional architects, the Dalit Medical Association seeks to galvanize political action to secure reservation as an inalienable right.

What is the Ninth Schedule?

The Schedule contains a list of central and state laws which cannot be challenged in courts and was added by the Constitution (First Amendment) Act, 1951.

• The first Amendment added 13 laws to the Schedule. Subsequent amendments in various years have taken the number of protected laws to 284 currently.

• It was created by the new Article 31B, which along with Article 31A was brought in by the government to protect laws related to agrarian reform and for abolishing the Zamindari system.

  • While Article 31A extends protection to ‘classes’ of laws, Article 31B shields specific laws or enactments.

  • While most of the laws protected under the Schedule concern agriculture/land issues, the list includes other subjects.

• Article 31B also has a retrospective operation which means that if laws are inserted in the Ninth Schedule after they are declared unconstitutional, they are considered to have been in the Schedule since their commencement, and thus valid.

• Although Article 31B excludes judicial review, the Supreme court has said in the past that even laws under the Ninth Schedule would be open to scrutiny if they violated Fundamental Rights or the basic structure of the Constitution.