THOMMEN, J.1
284. Poverty by itself is not the test of backwardness, for if it were so, most people in this country would be in a position to claim reservation.[1] Reservation for all would be reservation for none, and that would be an ideal condition if affluence and not poverty, was its basis. But unfortunately the vast majority of our people are not blessed by affluence but afflicted by poverty. Poverty is a disgrace to any nation and the resultant backwardness is a shame. But the Constitution envisages reservation for those persons who are backward because of identified prior victimisation and the consequential poverty. Poverty invariably results in social and educational backwardness. In all such cases the question to be asked, for the purpose of reservation, is whether such poverty is the result of identified historical or continuing discrimination. No matter what caused the discrimination and exploitation; the question is, did such inequity and injustice result in poverty and backwardness.
285. It is possible that poverty to which classes of citizens are reduced making them socially and educationally backward is the ultimate result of prior discrimination and continuing exploitation on account of their religion, race, caste, sex, descent, place of birth or residence. Identification of their social and educational backwardness with reference to their poverty is valid, if the ultimate cause of poverty is prior discrimination and its continuing evil effects, albeit, by reason of their religion, race, caste etc. Members of religious minorities or low castes or persons converted from amongst tribals or harijans to other religions, but still suffering from the stigma of their origin, or persons of particular areas or occupations subjected to discrimination rooted in religious or caste prejudices and the like or to economic exploitation, forced labour, social isolation or other victimisation may find themselves sinking deeply into inescapable and abysmal poverty, disease, bondage and helplessness. ‘The classes of citizens who are deplorably poor automatically become socially backward’.[2] In all these cases, if classes of victims afflicted by poverty and disease are identified as socially and educationally backward, as in the case of the Scheduled Castes and the Scheduled Tribes, by reason of past societal or Governmental or any other kind of discrimination or exploitation, they qualify for reservation. See Janki Prasad Parimoo v. State of Jammu and Kashmir (1973) 3 SCR 236, 299.
286. Poverty reduces a man to a state of helplessness and ignorance. The poor have no social status. They have no access to learning. Over the years they invariably become socially and educationally backward. They may have no place in society and no education to improve their conditions. For them, employment in services on the basis of merits is a far cry. All these persons, along with other disadvantaged groups of citizens, are the favourites of the law for. affirmative action without recourse to reservation. What is required for the further step of reservation is proof of prior discrimination resulting in poverty and social and educational backwardness. It is not every class of poverty stricken persons that is chosen for reservation, but only those whose poverty and the resultant backwardness are traceable to prior discrimination, and whose backwardness, furthermore, is comparable to that of the Scheduled Castes and the Scheduled Tribes. This is a fair and equitable adjustment of constitutional values without placing any undue burden on particular classes of citizens[3].
[1] Janki Prasad Parimoo v. State of Jammu and Kashmir, (1973) 3 SCR 236, 285
[2] M.R. Balaji v. State of Mysore, (1963) Supp 1 SCR 439 at 460
[3] State of Uttar Pradesh v. Pradip Tandon, (1975) 2 SCR 761; State of Kerala v. N.M. Thomas (1976) 1 SCR 906, 960, 997; Kumari K.S. Jaysree v. State of Kerala, (1977) 1 SCR 194 ; K. C. Vasanth Kumarv. State of Karnataka, (1985) Supp 1 SCR 352, 399, 400
- This article is an excerpt from the judgment of Indira Sawhney v Union of India 1993 (1) SCT 448 ↩︎