Explained | Why did the Madras High Court invalidate separate quota for Vanniyar community?

How was the separate reservation implemented? What are the effects of the verdict?

On November 1, the Madras High Court declared unconstitutional a Tamil Nadu government law, enacted in February 2021 when the AIADMK was in power, that reserved 10.5% of jobs in public services and seats in educational institutions for the Vanniyars, a most backward community. The demand for an exclusive quota for the community has been spearheaded for long by the Pattali Makkal Katchi.

The Vanniyars were in the backward classes list for many years. The community, constituting a significant percentage in the State’s northern districts, consists predominantly of agricultural labourers. In 1987, the Vanniyar Sangham launched an agitation demanding 20% separate reservation. In 1989, the demand was partially conceded. The BC quota was then at 50%. This was sub-divided and a 20% segment was earmarked for ‘Most Backward Classes and Denotified Communities’. The Vanniyars were included in the Most Backward Classes list. The expectation was that they would be the principal beneficiaries in this 20% segment, though 109 other castes were in the MBC/DNC category (The number has risen to 116 now). The Vanniyars have been arguing that they are still not getting enough opportunities in proportion to their population.

On February 26, 2021, the Assembly passed a special Act which divided the ‘Most Backward Classes/Denotified Communities’ category into three parts. Of the total, the largest share of 10.5% was specified as exclusive to the Vanniyakula Kshatriya and its various sub-castes. The DNC sub-division was to have 7%, while the remaining 2.5% was meant for the rest of the MBCs. The primary justification for the percentage was that the Second Backward Class Commission had put the Vanniyar population at 65 lakh in 1983, or 13.01% of the then total population. In 2012, the then chairman of the State Backward Class Commission recommended that based on this figure, reservation of 10.5% would be appropriate for the Vanniyars. Therefore, it was decided to make this internal reservation within the MBC quota. However, critics say the Commission chairman’s opinion was not supported by the other members and was, therefore, not acted upon all these years.