Govt’s Flip Flop on Lateral Entry Revives Danger to Constitution

Union Minister Jitendra Singh, in his letter to the UPSC (Union Public Services Commission) Chairman asked for withdrawal of the August 17, 2024 advertisement seeking applications from the open market for lateral entry into 45 posts (10 Joint Secretary and 35 Deputy Secretary and Director-level posts) of the Government of India.

Linking Ad Withdrawal with Social Justice Sounds Hollow 

Explaining the reasons for doing so, the Minister stated that the Narendra Modi government intended to harmonise lateral recruitment with the cause of social justice and empowerment of those suffering social exclusion on account of caste status and other primordial identities.

Such a stand by the Union Minister sounds so hollow in the context of the lateral entry of 63 persons from open market in 2018, without linking it to social justice and the prevalent reservation policy.  At best, it can be said that the Minister’s justification for withdrawal of the advertisement to “align lateral entry with social justice’ seems a mere afterthought in response to the mounting criticism from Congress, other Opposition parties and, most importantly, the Modi government’s two allies – Janata Dal (United) and Lok Jan Shakti Party -- on whose strength the government survives.

Both the Opposition and the two BJP allies made very sharp remarks against the decision of the Modi regime to appoint 45 people laterally, saying that it was part of the larger plan of the Bharatiya Janata Party-led National Democratic Alliance government to change the Constitution and dispense with the reservation policy. 

In the context, recall that the people in several states made saving the Constitution and reservation a big electoral issue in the 18th general elections held in May this year. What has alarmed the Modi regime was when Opposition parties and two of its allies linked the lateral entry policy to the same mischievous intent to assault the Constitution and affirmative action. 

Therefore, the withdrawal of the advertisement has nothing to do with the avowed commitment of the Modi regime to pursue social justice.  In fact, it exposes the fear gripping it on account of the Opposition’s narrative that a change in Constitution and elimination of the reservation policy by the Modi regime is still on, in spite of BJP’s loss of majority in the 18th general elections. 

Deepening of Fear of Modi Regime

The fear psychosis of the government has got deepened after the Division Bench of the Allahabad High Court, in its judgement on a petition challenging the Uttar Pradesh  government’s  selection of  candidates  to 69,000 posts of teachers, held that the state BJP government, led by Yogi Adityanath, deliberately diluted and negated the reservation policy for SC, STs and OBCs while recruiting those teachers. 

The lateral entry advertisement, combined with the Allahabad High Court judgement, has generated a perception that BJP is against reservation and such a perception has started gaining huge traction nationally.  Electorally, such a perception could be fatal for BJP which, after losing majority in the Lok Sabha, is likely to lose Assembly elections scheduled to take place in Haryana and Jammu and Kashmir.  It is this fear of electoral loss that has prompted the Modi government to instruct UPSC to cancel the advertisement.  

Union Minister Singh’s rationale in his letter to UPSC, explaining why the ad should be withdrawn, makes for an interesting reading.  It says that the reservation policy is not applicable to posts filled laterally.  “This aspect”,  Singh stated  “needs to be reviewed and reformed in the context of the Hon'ble Prime Minister's focus on ensuring social justice”. 

Jitendra Singh on 2018 Lateral Recruitment 

It is beyond comprehension why the Minister concerned was not mindful of the same constitutional commitment when the Modi regime laterally appointed 63 people from the open market to different senior posts in the government of India.  

Singh, while replying  to a question by Nagina  MP Chandra Shekhar Azad, who wanted to ascertain number of SCs, STs and OBCs inducted  laterally till date, said in Parliament in July this year that such details are not maintained, as reservation is not applicable for such appointments.  

It sounds bizarre that constitutional imperatives were dispensed with in 2018 while laterally appointing 63 persons and are now being invoked in 2024 for withdrawing the aforementioned advertisement.   

Ashwini Vaishnaw’s Curious Stand 

It is quite curious that another Union Minister, Ashwini Vaishnaw, defended the advertisement by citing the 2nd Administrative Reforms Commission, headed by Congress leader Veerappa Moily, which recommended lateral appointments in 2008, and that the Modi regime “just implemented it”. 

Lo and behold, when the advertisement was withdrawn, Vaishnaw posted in X, “The decision to align lateral entry with principles of reservation shows PM Shri @narendramodi Ji’s commitment to social justice”. Such a quick turnaround by him is demonstrative of his expediency and equivocal commitment to the issue.  

Recommendation of ARC 

Vaishnaw should be mindful of the fact that it was the first Administrative Commission, headed by K. Hanumanthaiya, in its 1969 report, that flagged the issue of lateral appointment.   

In the 2nd ARC report, it was also mentioned that posts advertised for lateral entry should be filled up by inviting applications from the market and serving government officers.  The UPSC advertisement of August 17, 2024 to fill up 45 posts, barred government officers from applying, and hence negated the recommendation of the 2nd ARC.  

It is interesting to note that Jitendra Singh, in his letter to UPSC, while describing the method of lateral recruitment prior to 2014 as “ad-hoc” and with an intent to show favours to those appointed, strangely claimed that the Modi government was institutionally driven to follow the process in a transparent and open manner.  

Singh should be aware that the 2nd ARC report of 2000 recommended setting up an institution, the Central Civil Services Authority, (CCSA) under the Civil Service Act, to deal with appointment of people on a lateral basis.  It also prescribed that the head and members of CCSA should be appointed by the Prime Minister in consultation with the Leader of Opposition in the Lok Sabha. But the Modi regime, which now talks about an institutionally-driven approach to laterally appoint people, never bothered to set up the CCSA.  It also never consulted Opposition parties and even its allies for laterally recruiting people from the open market.

Opposition Again Can Flag Dangers to Constitution

So, the Modi regime now waxing eloquent on a lateral recruitment policy and linking it with the Constitution and reservation policy, sounds shallow.  It has given an opportunity to the Opposition to yet again set a national narrative to save the Constitution from the onslaught of the BJP-led NDA government. Therefore, there is every possibility that defence of the Constitution, constitutional vision of India and reservation policy would become a driving force to determine the political narrative and electoral outcomes in India for quite some time.  

The writer served as Officer on Special Duty to President of India K R Narayanan. The views are personal.