The Administrator 2016
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ISSN 2319-6157 THE ADMINISTRATOR Journal of LBSNAA July, 2016 Volume 57, Number 2 Editorial Board Mr. Rajeev Kapoor, Director Chairperson Mr. Tejveer Singh, Joint Director Member Prof. (Dr.) Mononita Kundu Das Member Secretary Lal Bahadur Shastri National Academy of Administration | ii | The Administrator 57 (2) The Administrator 57 (2) iii The Administrator Volume 57 July, 2016 Number 2 TOWARDS SOCIAL JUSTICE: 01 A Critical Analysis of Reservation Policies in India Tejveer Singh, IAS, Joint Director, LBSNAA, Mussoorie Converting India Post into Post Bank of India: 10 A Paradigm Shift in Indian Financial Inclusion Story Nidhi Choudhary, IAS, Maharashtra Copyright © 2016 TRPC Lal Bahadur Shastri National Academy of Administration, Mussoorie (Uttarakhand) Perspectives and Horizons of Inclusive 16 Economic Development and the Indian saga Abhishek Jain, IAS, Himachal Pradesh Reviewing The Enclave Exchange 27 Dr. Saumitra Mohan, IAS, West Bengal Land Records Modernisation in India 32 This Journal or any part thereof may not be reproduced in any form without the Sudeshna Mitra, Deepika Jha, IIHS, Bangalore written permission of the publisher. Sikkim Earthquake September 18, 2011 40 The view expressed and facts stated in the articles contained in this volume are of with reference to Disaster Management Laws in India the individual authors and are in no way those of either the Editor, the institution Dr. Mononita Kundu Das, Professor of Law, LBSNAA, Mussoorie to which he/she belongs, or of the publisher PRERNA: Program for Result Enhancement, Resource Nurturing 53 and Assessment Rohan Chand Thakur, IAS, Himachal Pradesh Decentralization of Tendu Leaves Trade 67 R. Ravishankar, IFS, Deputy. Director, LBSNAA, Mussoorie Published by : TRPC Lal Bahadur Shastri National Academy of Administration, Mussoorie (Uttarakhand) Printed in India at Print Vision, Dehradun - 248 001 | ii | The Administrator 57 (2) The Administrator 57 (2) iii The Administrator Volume 57 July, 2016 Number 2 TOWARDS SOCIAL JUSTICE: 01 A Critical Analysis of Reservation Policies in India Tejveer Singh, IAS, Joint Director, LBSNAA, Mussoorie Converting India Post into Post Bank of India: 10 A Paradigm Shift in Indian Financial Inclusion Story Nidhi Choudhary, IAS, Maharashtra Copyright © 2016 TRPC Lal Bahadur Shastri National Academy of Administration, Mussoorie (Uttarakhand) Perspectives and Horizons of Inclusive 16 Economic Development and the Indian saga Abhishek Jain, IAS, Himachal Pradesh Reviewing The Enclave Exchange 27 Dr. Saumitra Mohan, IAS, West Bengal Land Records Modernisation in India 32 This Journal or any part thereof may not be reproduced in any form without the Sudeshna Mitra, Deepika Jha, IIHS, Bangalore written permission of the publisher. Sikkim Earthquake September 18, 2011 40 The view expressed and facts stated in the articles contained in this volume are of with reference to Disaster Management Laws in India the individual authors and are in no way those of either the Editor, the institution Dr. Mononita Kundu Das, Professor of Law, LBSNAA, Mussoorie to which he/she belongs, or of the publisher PRERNA: Program for Result Enhancement, Resource Nurturing 53 and Assessment Rohan Chand Thakur, IAS, Himachal Pradesh Decentralization of Tendu Leaves Trade 67 R. Ravishankar, IFS, Deputy. Director, LBSNAA, Mussoorie Published by : TRPC Lal Bahadur Shastri National Academy of Administration, Mussoorie (Uttarakhand) Printed in India at Print Vision, Dehradun - 248 001 TOWARDS SOCIAL JUSTICE: A Critical Analysis of Reservation Policies in India Tejveer Singh, IAS Joint Director, LBSNAA, Mussoorie Abstract The essay undertakes a critical analysis of the instruments used by the Indian State as part of its policy of positive discrimination. It surveys the principal arguments in literature in support and in opposition of the use of preferential policies by a state as part of affirmative action. Thereafter, it proceeds to examine the impact of various policy instruments in the areas of political representation, higher education and public employment. It concludes by making a case for objectively evaluating the effectiveness of policy instruments while retaining the use of preferential policies. It also seeks to underscore the importance of complementary measures for preferred candidates to enable them to harness the benefits more effectively and to occasion a gradual move towards equality of opportunity from equality of outcomes. Introduction “Positive discrimination” refers to the use of preferential policies by governments driven either by a “concern for social justice” or the need to “mitigate political conflict” (Weiner 1983: 36). The Indian State has been among the oldest proponents of such policies as a means of providing upward mobility to preferred social groups and to alleviate the effects of historical discrimination in a multi-ethnic and stratified society marked by strong community identity. To provide legitimacy and commitment to this envisioned social change, “reservation” policies have been embedded in the Constitution and entail “reserving a certain number of seats or positions, in a desirable institution or occupation, for members of groups that were under-represented in such positions” (Weisskopf 2004: 4). The groups favoured by positive discrimination (PD) policies are Scheduled Castes, Scheduled Tribes and a large, disparate mass of “socially and educationally backward” communities called Other Backward Classes. This essay undertakes a critical analysis of reservation policies in India through the prism of equity and effectiveness. The first part focuses on a theoretical discussion of the merits of affirmative action where I present principal arguments advanced in favour of and against such policies. Thereafter, I examine the development and impact of reservation policies in light of the theoretical discourse and discuss measures for their amelioration. The essay concludes by arguing, on the one hand, TOWARDS SOCIAL JUSTICE: A Critical Analysis of Reservation Policies in India Tejveer Singh, IAS Joint Director, LBSNAA, Mussoorie Abstract The essay undertakes a critical analysis of the instruments used by the Indian State as part of its policy of positive discrimination. It surveys the principal arguments in literature in support and in opposition of the use of preferential policies by a state as part of affirmative action. Thereafter, it proceeds to examine the impact of various policy instruments in the areas of political representation, higher education and public employment. It concludes by making a case for objectively evaluating the effectiveness of policy instruments while retaining the use of preferential policies. It also seeks to underscore the importance of complementary measures for preferred candidates to enable them to harness the benefits more effectively and to occasion a gradual move towards equality of opportunity from equality of outcomes. Introduction “Positive discrimination” refers to the use of preferential policies by governments driven either by a “concern for social justice” or the need to “mitigate political conflict” (Weiner 1983: 36). The Indian State has been among the oldest proponents of such policies as a means of providing upward mobility to preferred social groups and to alleviate the effects of historical discrimination in a multi-ethnic and stratified society marked by strong community identity. To provide legitimacy and commitment to this envisioned social change, “reservation” policies have been embedded in the Constitution and entail “reserving a certain number of seats or positions, in a desirable institution or occupation, for members of groups that were under-represented in such positions” (Weisskopf 2004: 4). The groups favoured by positive discrimination (PD) policies are Scheduled Castes, Scheduled Tribes and a large, disparate mass of “socially and educationally backward” communities called Other Backward Classes. This essay undertakes a critical analysis of reservation policies in India through the prism of equity and effectiveness. The first part focuses on a theoretical discussion of the merits of affirmative action where I present principal arguments advanced in favour of and against such policies. Thereafter, I examine the development and impact of reservation policies in light of the theoretical discourse and discuss measures for their amelioration. The essay concludes by arguing, on the one hand, | 02 | The Administrator 57 (2) Tejveer Singh | 03 | for the salience of continuing such policies and, on the other, for the need to review preferred-groups for self-advancement is also cited as an argument in support of their efficacy and institute stronger complementary measures to enhance their preferential treatment (Weisskopf 2004:26). effectiveness. The principal arguments advanced against PD policies are based on the primacy of individual rights and treat group entitlement-based preferential treatment as Theoretical Considerations antithetical to modern libertarian values (Capaldi 1996; Nieli 1991). These The underlying rationale for PD policies has been the subject matter of much distinguish equality of opportunity from equality of outcomes and oppose government theoretical debate with scholars arrayed both in the defence and opposition of such paternalism and attempts at “social engineering”, actions which foster what actions. Nicholas Capaldi lists five broad forms of interventions: “open-search”; Capaldi describes as a “culture of poverty” marked by complacency and 4 “punitive/legal”;