First Communal Representation Order
During the rule of the Justice Party in the Chennai Presidency, the demand for communal representation was reflected in a vigorous manner.
The prolonged struggle for communal representation by Justice Party and wide support from the people propelled the central government to make a resolution in this regard in 1921.
This resolution, later on, was called a Communal Representation Decree.
It is the red-lettered day in Indian history, lower-caste groups, who were suppressed and deprived of Social and Economical conditions for many centuries had the fullest confidence to lead their life with self-respect and dignity by this decree.
A resolution was submitted by Munusamy a member of the legislative assembly in Chennai.
The Resolution reads; “Non-Brahmins with minimum educational qualification should be provided with employment opportunity.
Non-Brahmins specifically, Christians, Muslims, and lower-caste groups to be appointed in all government services. For this, a permanent order should be legalized.
If salary is above Rs.100, this order should be implemented for 7years until it reaches 75% of the population”.
With regard to this resolution, R.K.Shanmugam stated that “If this historical and landmark resolution is implemented, the future generation may really appreciate our truthful efforts towards emancipation”.
In supporting this view, Dr C.Nadesan voiced that “If fair representation is not provided for our people, we will not pay taxes”.
Periyar, EV. Ramaswamy, a staunch supporter of the Congress party also eulogized the ideas of the Justice Party, he expressed the same demand in Congress Party.
In 1925, during the Kanchipuram Congress Party Conference, Periyar passed a resolution regarding communal representation in education and employment. Periyar came out of the Congress party since his resolution was rejected by the high command.
In 1928, during the leadership of R.Muthiah, (Justice Party), Communal representation was passed and implemented in all the government departments.
First Amendment
In the aftermath of the effective implementation of the Indian Constitution, in 1951, Mr Senbagarajan filed a suit in the High Court; related to the denial of Medical Seats.
He also mentioned that communal representation is the reason for the denial of his seat.
The High Court gave its Verdict that the Communal representation decree is against the constitution and to be abandoned.
In addition to that, Supreme Court also sided with the same Verdict. Reservation Policy on the basis of caste was abandoned due to the Verdict.
Statewide protests erupted in Tamilnadu against the Verdict. E. V. Ramasamy demanded an amendment to the constitution.
It is due to the efforts of Periyar, Tamilnadu congress committee President Kamaraj, Prime Minister Jawarharlal Nehru, and Ambedkar, an amendment was made related to the extension of the Reservation Policy.
This was the First Amendment in the Indian Constitution. Due to this, backward and other communities retained the opportunity of reservation.
According to articles 15 and 16 of the Indian Constitution, “Socially and economically backward people can be provided with special privileges”. This provision made Nehru come up with First Amendment in the Indian Constitution.
Accordingly, sub-sections 15 (4) and 16 (4) were included in the constitution. After the Amendment, from 1951 onwards Backward Communities receive 25% and Lower Caste 16% respectively due to reservation policy.