The present infamous Special Recruitment Drive has attracted various views and resentments from all sections of people which have prompted me to express my personal opinion and observations.
Government may have its best of intention with clear mind yet SRD is a blatant attempt to create chaos adding confusion to the already controversial recruitment policy which is obsolete for want of mandatory review. The drive has created division amongst the naga tribes in Nagaland for appeasing a section of people and infringing the rights of the other section which are uncalled for.
The Constitution of India has empowered the State to make special provisions for the advancement of any socially and educationally backward classes which in the opinion of the state is not adequately represented in the services under the state. As per the provision of article 16(4) of the Constitution of India, it is necessary to satisfy two conditions: the class of citizen should be backward ie. socially and educationally and the said class is not adequately represented in the services of the State.
Article 16(4) is not aimed at economic enlistment or elevation of poverty. It is specifically designed to give a due share in the state power to those who have remained out of it mainly on account of their social backwardness which is inclusive of educational and economic backwardness. The advancement of the socially or educationally backward classes requires not only that they should have adequate representation in the lowest rung of services but that they should aspire to secure adequate representation in selection posts in the services as well.
The original concept of Job reservation policy may be seen in the following notifications; in 1977, by a notification No. AR-8/976 dated 11/01/1977, 25% of all non-gazetted, non-technical posts under the Government of Nagaland was reserved for members of 7(seven) tribes which were educationally and economically very backward and who had insignificant representation in the services, for a period of 10(ten) years namely, 1. Konyak 2. Chakhesang 3. Sangtam 4. Phom 5. Kheimnungam 6. Chang and 7. Yimchunger. The number of tribes was increased to 8(eight) with the inclusion of the zeliang tribe and the reservation was enhanced to 33% vide notification No. AR-8/9/76(pII) dated 16th August, 1979. The number of tribes further increased to 9(nine) with inclusion of Pochury tribe vide notification No. RCBT/5/87 dated 24/03/1994. Presently the nine BTs are sub-divided to 3 categories namely the 6 tribes of Mon, Tuengsang, Longlem and Kiphire with 25%, Chakhesang and Pochury with 6%, Zeliang with exclusive 4% and Sumis of Kiphire with 2%.
The State Government is at liberty to create special provisions for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes. The State can create provisions for the reservation of appointments or posts in favour of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State. However, any such provision should not violate any citizen’s fundamental rights. “Right to equality” is against classification without differences. Therefore, sub-classification of tribes under backward category is violation of Article 14.
Furthermore, extending reservation benefits to any group or section of people without classification is violation of article 16(4). Any attempt to provide reservation benefit to tribes or groups without classifying them as backward by reviewing the entire policy will face legal obstacles to deliver genuine benefits.
The State had constituted several committees in the past headed by Smti Bano Z. Jamir followed by Shri Khrielie Kevichusa and further followed by Shri Temjen Toy whose reports were already placed before the state cabinet with various findings and recommendations. Yet, all such reports were dumped away and instead the cabinet had taken political decisions on several occasions just for temporary and vote bank appeasement creating more confusion and disparity.
In one of the recent district level recruitment drive, the state had divided people in the line of tribe and geographical divisions where a candidate from a particular tribe was debarred from appearing interview to the job in other district for not being an indigenous inhabitant of that district. This is a clear policy of segregating people in the line of linguistic and tribal colour leading to isolation and polarization of people.
While appreciating the state government for making all efforts to deliver benefits to the BTs, all such temporary arrangements fail to satisfy the policy to deliver benefits in achieving the target. It is high time for the executives to guide the policy makers and update the policy while taking due care to implement the policy in letter and in spirit so that the deserving sections of people will avail genuine benefits.
In view of the above observations, the present exercise in the guise of any benefit been extended to any tribe fails to satisfy the policy. The only solution is to conduct a total review to the existing controversial job reservation policy by an Independent Commission to study and investigate all the existing tribes of Nagaland irrespective of present categories, while giving due consideration to the geographical areas, its situation and condition of people. It is of paramount importance to work out clear parameter and yardsticks to define the status of each tribe in an unambiguous manner. Any policy that is a derivative of the constitutional provisions must not be subjected to political pressure or pressure from any section of people.
I would like to urge all concern citizens of the State to contribute its views and opinions in its right perspective to bring about the most desirable policy that can deliver genuine benefit to the deserving sections of the society instead of inciting one tribe against the other or targeting a particular tribe or section of the people. The commission so constituted for the purpose should take maximum care to include the views and opinions expressed by all concern to bring out the best recommendation applicable to the situation and the people.
Government may have its best of intention with clear mind yet SRD is a blatant attempt to create chaos adding confusion to the already controversial recruitment policy which is obsolete for want of mandatory review. The drive has created division amongst the naga tribes in Nagaland for appeasing a section of people and infringing the rights of the other section which are uncalled for.
The Constitution of India has empowered the State to make special provisions for the advancement of any socially and educationally backward classes which in the opinion of the state is not adequately represented in the services under the state. As per the provision of article 16(4) of the Constitution of India, it is necessary to satisfy two conditions: the class of citizen should be backward ie. socially and educationally and the said class is not adequately represented in the services of the State.
Article 16(4) is not aimed at economic enlistment or elevation of poverty. It is specifically designed to give a due share in the state power to those who have remained out of it mainly on account of their social backwardness which is inclusive of educational and economic backwardness. The advancement of the socially or educationally backward classes requires not only that they should have adequate representation in the lowest rung of services but that they should aspire to secure adequate representation in selection posts in the services as well.
The original concept of Job reservation policy may be seen in the following notifications; in 1977, by a notification No. AR-8/976 dated 11/01/1977, 25% of all non-gazetted, non-technical posts under the Government of Nagaland was reserved for members of 7(seven) tribes which were educationally and economically very backward and who had insignificant representation in the services, for a period of 10(ten) years namely, 1. Konyak 2. Chakhesang 3. Sangtam 4. Phom 5. Kheimnungam 6. Chang and 7. Yimchunger. The number of tribes was increased to 8(eight) with the inclusion of the zeliang tribe and the reservation was enhanced to 33% vide notification No. AR-8/9/76(pII) dated 16th August, 1979. The number of tribes further increased to 9(nine) with inclusion of Pochury tribe vide notification No. RCBT/5/87 dated 24/03/1994. Presently the nine BTs are sub-divided to 3 categories namely the 6 tribes of Mon, Tuengsang, Longlem and Kiphire with 25%, Chakhesang and Pochury with 6%, Zeliang with exclusive 4% and Sumis of Kiphire with 2%.
The State Government is at liberty to create special provisions for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes. The State can create provisions for the reservation of appointments or posts in favour of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State. However, any such provision should not violate any citizen’s fundamental rights. “Right to equality” is against classification without differences. Therefore, sub-classification of tribes under backward category is violation of Article 14.
Furthermore, extending reservation benefits to any group or section of people without classification is violation of article 16(4). Any attempt to provide reservation benefit to tribes or groups without classifying them as backward by reviewing the entire policy will face legal obstacles to deliver genuine benefits.
The State had constituted several committees in the past headed by Smti Bano Z. Jamir followed by Shri Khrielie Kevichusa and further followed by Shri Temjen Toy whose reports were already placed before the state cabinet with various findings and recommendations. Yet, all such reports were dumped away and instead the cabinet had taken political decisions on several occasions just for temporary and vote bank appeasement creating more confusion and disparity.
In one of the recent district level recruitment drive, the state had divided people in the line of tribe and geographical divisions where a candidate from a particular tribe was debarred from appearing interview to the job in other district for not being an indigenous inhabitant of that district. This is a clear policy of segregating people in the line of linguistic and tribal colour leading to isolation and polarization of people.
While appreciating the state government for making all efforts to deliver benefits to the BTs, all such temporary arrangements fail to satisfy the policy to deliver benefits in achieving the target. It is high time for the executives to guide the policy makers and update the policy while taking due care to implement the policy in letter and in spirit so that the deserving sections of people will avail genuine benefits.
In view of the above observations, the present exercise in the guise of any benefit been extended to any tribe fails to satisfy the policy. The only solution is to conduct a total review to the existing controversial job reservation policy by an Independent Commission to study and investigate all the existing tribes of Nagaland irrespective of present categories, while giving due consideration to the geographical areas, its situation and condition of people. It is of paramount importance to work out clear parameter and yardsticks to define the status of each tribe in an unambiguous manner. Any policy that is a derivative of the constitutional provisions must not be subjected to political pressure or pressure from any section of people.
I would like to urge all concern citizens of the State to contribute its views and opinions in its right perspective to bring about the most desirable policy that can deliver genuine benefit to the deserving sections of the society instead of inciting one tribe against the other or targeting a particular tribe or section of the people. The commission so constituted for the purpose should take maximum care to include the views and opinions expressed by all concern to bring out the best recommendation applicable to the situation and the people.
