Quota and data: On Vanniyar quota verdict

News: Recently, the Supreme Court of India quashed the Tamil Nadu Special Reservation Act of 2021, or the Vanniyar quota law, on the ground that it was not based on updated quantifiable data.

What was proposed in the legislation?

Read here: Supreme Court strikes down Tamil Nadu’s 10.5% Vanniyar quota

What were the issues in the proposed reservation?

The Court said, caste can be the starting point for the identification of backward classes or providing internal reservation, but it cannot be the sole basis for giving reservation.

The Court pointed out that the relative backwardness and representation of other communities in the MBCs and DNCs were not analysed using relevant, updated and contemporaneous data.

What is the importance of judgment with respect to the state’s power on the reservation?

First, the court held that the State is competent to design subclassification among backward classes. It can prescribe the quantum of reservation based on such subclassification, and formulate an ancillary law, even with the assent of the Governor, to one included in the Ninth Schedule. But, Internal or exclusive reservations cannot be granted to any community without using quantifiable data.

Second, a caste-based census is required to determine the representation of various communities in public employment and in education. If there is an inadequate representation, it may be a ground for special treatment in the reservation.

Third, the concept of a creamy layer is very important to uphold the principle of equity in the reservation. Therefore, a person who is in the creamy layer must be excluded from providing reservations to backward classes.

Source: The post is based on the article “Quota and data: On Vanniyar quota verdict” published in The Hindu on 2^nd April 2022.