EWS Reservation | Why MK Stalin and Pinarayi Vijayan are not on the same page

However, where the two leaders disagree are on the November 7 Supreme Court of India verdict that the 103rd Constitution amendment and economically weaker section (EWS) reservations were constitutionally valid.

The amendment provides up to 10 percent reservation to economically weaker sections other than backward classes, Scheduled Castes, Scheduled Tribes in higher educational institutions, and initial recruitment in government posts. The reservations also apply to private unaided institutions, except for minority educational institutions.

Following The Footsteps

When it comes to upholding social justice, Stalin is following the footsteps of social reformers and previous chief ministers, especially those of his father M Karunanidhi.

In 1967, the DMK passed the self-respect marriage law, increased reservations for Hindu, Muslim, and Christian backward communities, and a dozen welfare boards for marginalised communities. In this vein, Stalin proposed the setting up of an All India Social Justice Federation, on January 26.

Reacting to the apex court’s EWS verdict, Stalin tweeted: “The verdict of SC upholding EWS Quota is a setback for our century-long crusade for social justice. All the like-minded parties shall come to fight the social injustice called EWS quota and carry the struggle forward."

In Tamil Nadu, reservation in educational institutions and appointments for posts in public services for backward classes, Scheduled Castes, and Scheduled Tribes dates back to 1921. In 1990, reservation in jobs and educational institutions was made 69 percent for backward classes, Scheduled Castes, and Scheduled Tribes. Though the Indira Sawhney judgment capped the total reservations within the 50 percent limit, Tamil Nadu passed a Bill circumventing this limit.

EWS In 1958

To understand why Vijayan and his party have welcomed the court verdict, one has to look at the CPI(M)’s history with reservation.

In 1958, the first Administrative Reforms Commission (ARC), headed by the then Chief Minister EM Sankaran Namboodiripad batted for EWS. EMS was probably the first Chief Minister and Kerala the first state in India to take such a stand.

Listing down the disadvantages in the “existing reservation system”, the ARC said that "there are among the backward classes communities, which are relatively advanced and those who are truly backward." The ARC suggested that "some criteria for backwardness should be economic rather than those based merely on communities”. The ARC added that "the grievances of the economically backward sections of the so-called forward classes are also real."

"Their complaint is that under the grab of the reservation richer persons of less merit belonging to the backward communities can get better facilities in education and recruitment to services, which are not available to persons of merit in the forward classes who are poor," the ARC headed by EMS read.

As a first step towards recognising economic backwardness as an index for giving State protection, the ARC suggested that reservation be given only to the poor (or those who fall under a prescribed economic level) in the backward communities.

However, none of the governments that followed implemented the EWS reservation. In 2019, the Left-led Vijayan government implemented a 10 percent economic reservation in the dewasom board, which controls temples in Kerala. In October 2020, the Left-ruling Kerala government amended the reservation and subordinate services rules by reserving 10 percent of government appointments for EWS, who are not eligible for any other reservations. In the same month, the Kerala Public Service Commission formally adopted the government order introducing a 10 percent job reservation for candidates belonging to EWS.

The debate over EWS reservation is still brewing, with some supporting it, and others opposing it. Its construction is such so that it divides those on the same side of the fence, like Stalin and Vijayan. While the communists are approaching reservation primarily from a class perspective, for the Dravidian parties caste is an important marker. Thus it is no surprise that Stalin and Vijayan are not comrades-in-arms over EWS reservation.

Rejimon Kuttappan is a journalist and author. Views are personal, and do not represent the stand of this publication.