NACDAOR Condemns Supreme Court Verdict on SC/ST Sub-Quota, Calls for Immediate Caste Census

New Delhi — The National Confederation of Dalit and Adivasi Organisations (NACDAOR) has voiced strong opposition to the recent judgement delivered by a 7-judge bench of the Supreme Court, which the organization claims could severely undermine the constitutional rights and representation of Dalits, Adivasis, and Other Backward Classes (OBCs).

During a press conference held at the Press Club of India in New Delhi, Ashok Bharti, Chairman of NACDAOR, expressed the collective anxiety and fear generated by the Supreme Court's decision among over 350 million Dalits and Adivasis. He said NACDAOR has been requesting the Government for a long time to set up a commission to study the conditions of SC and STs so that it is not only known to the SC/STs, but also to the general masses of this country.

Bharti described the apex court ruling as a violation of natural justice and judicial conventions, asserting that it threatens the hard-won rights of marginalized communities. He stated, " Census that provides authentic data of general well being has been inordinately delay for no reason of justification."

Bharti pointed to a concerning trend within the judiciary, noting that since the landmark Indira Sawhney case in 1992, the Supreme Court has frequently issued rulings that negatively impact the rights of Scheduled Castes (SCs) and Scheduled Tribes (STs), even when these groups were not directly involved in the cases. He emphasized that the recent judgement continues this pattern, eroding the legal protections that SCs, STs, and OBCs rely on for fair representation.

In the case in question, Solicitor General of India Tushar Mehta argued that the concept of equality is dynamic and has evolved through various Supreme Court decisions, including the Champakam Dorairajan and Indira Sawhney cases. Mehta suggested that sub-classification within affirmative action policies is necessary for rationalizing these measures.

NACDAOR, however, has strongly criticized this position, accusing the government of adopting a stance without adequate factual support, studies, or consultations with the affected communities.

Comprehensive List of Demands

In light of the Supreme Court's ruling and the government's stance, NACDAOR has issued a detailed list of demands aimed at safeguarding the rights and representation of SCs, STs, and OBCs. These demands include:

1. Rejection of the Supreme Court Judgement: NACDAOR calls on the government to reject the recent Supreme Court judgement, which they argue overturns the principles established by the 9-judge bench in the Indira Sawhney case.

2. Termination of Solicitor General Tushar Mehta: The organization demands the immediate termination of Solicitor General Tushar Mehta for presenting a position before the Supreme Court that, according to NACDAOR, was formulated without proper consultation with SC/ST Members of Parliament, constitutional bodies like the National Commission for SC/STs, or other stakeholders.

3. Act of Parliament on Reservations: NACDAOR urges the government to introduce a new Act of Parliament on the reservation rights of SCs, STs, and OBCs, following the widest possible consultation with all stakeholders. They also call for this Act to be included in the 9th Schedule of the Constitution to protect it from judicial review.

4. Caste Census: The organization demands the immediate conduction of a nationwide caste census, which has been delayed without justification. They insist that the census should include a caste column for non-SC/STs to accurately reflect the progress and representation of various social groups, including OBCs.

5. Publication of Caste-Based Data: NACDAOR calls for the government to release data on the caste composition of employees in SC/ST/OBC categories across all government ministries, departments, and public sector undertakings, in order to present an accurate picture of caste representation.

6. Creation of Indian Judicial Service: The organization advocates for the establishment of an Indian Judicial Service to ensure that judicial officers and judges are recruited from all sections of society, thereby enhancing diversity and representation in the judiciary.

7. Judicial Representation Quota: NACDAOR demands that immediate steps be taken to ensure that 50% of judges in the High Courts and Supreme Court are from SC, ST, and OBC categories. Until this target is achieved, they call for a halt in the recruitment of judges from already over-represented communities.

8. Filling of Backlog Vacancies: The organization insists that the government must take swift action to fill all backlog vacancies for SCs, STs, and OBCs in central government ministries, public sector undertakings, state governments, and their associated entities.

9. Mandatory Affirmative Action in the Private Sector: NACDAOR calls for the introduction of mandatory affirmative action policies in the private sector, particularly for companies that have significant financial dealings with the government, including loans, credits, or production-linked incentives (PLI). They argue that voluntary measures promised by industry bodies like CII and ASSOCHAM in 2006 have not been implemented in full, necessitating mandatory enforcement.

The press conference concluded with NACDAOR's call to action, urging Dalit, Adivasi, and OBC communities, along with their respective organizations, to participate in a nationwide peaceful agitation on August 21. The organization encourages protesters to submit their demands to the Government of India through district collectors or sub-divisional magistrates in their respective areas.