The Constitution of the People’s Republic of Bangladesh stands as the supreme law of the land. It serves as the principal source of all other laws and dictates that any law inconsistent with its provisions shall be deemed void. Hence, whenever a crucial issue arises within the state, the solution must be sought within the Constitution. Any decision, regulation, or directive from the executive branch that conflicts with the Constitution can be challenged in the Supreme Court through writ petitions. The court, through constitutional analysis, delivers its verdict, which the executive branch is bound to implement.
What Does the Constitution Say About Quotas in Government Jobs?
The constitutional provision regarding employment quotas in government jobs is explicitly outlined in Article 29:
“There shall be equality of opportunity for all citizens in respect of employment or office in the service of the Republic. No citizen shall, on grounds only of religion, race, caste, sex, or place of birth, be ineligible for, or discriminated against in respect of, any employment or office in the service of the Republic.”
This article establishes the principle of equal opportunity. However, a crucial aspect must be considered—do all individuals, regardless of socioeconomic background, have an equal starting point in competitive government job exams? Children from affluent families who receive quality education and nutrition have a distinct advantage over those from underprivileged communities, such as in remote areas like Bandarban. Thus, the fundamental question arises: does holding all candidates to the same standard truly ensure equality of opportunity?
The Constitution acknowledges this disparity and, through Article 29(3), allows for special provisions to ensure adequate representation of disadvantaged communities in government jobs:
“Nothing in this article shall prevent the State from – (a) making special provision in favor of any backward section of citizens for the purpose of securing their adequate representation in the service of the Republic; (b) giving effect to any law which makes provision for reserving appointments or posts in favor of any backward class of citizens; (c) reserving any class of employment or office in the service of the Republic for members of one sex on the ground that it is considered by its nature to be unsuited to members of the opposite sex.”
This provision grants the executive branch the authority to establish a quota system to support disadvantaged communities but does not mandate its implementation.
Why is the Quota System Justified?
The primary objective of the quota system is to eliminate disparities, not create them. Bangladesh, having endured 190 years of British colonial rule and 23 years of systemic discrimination under Pakistani governance, adopted an inclusive and equitable Constitution under the leadership of Bangabandhu Sheikh Mujibur Rahman. He envisioned a Constitution that would eradicate exploitation and ensure social justice for all.
In alignment with this vision, Article 10 of the Constitution enshrines the principle of eliminating exploitation to achieve a just and socialist society. Discrimination leads to exploitation, and various constitutional provisions assign the state the responsibility of reducing disparities.
The Sustainable Development Goals (SDGs) set by the United Nations also advocate for reducing inequality, encapsulated in Goal 10: “Leave no one behind.” A society where certain groups are systematically disadvantaged poses risks not only to the marginalized communities but also to the broader social fabric. If a segment of the population remains underrepresented in governance and decision-making, it exacerbates their socio-economic vulnerability, potentially threatening national unity and security.
Who Qualifies for Quota Benefits Under the Constitution?
According to Article 29(3), three categories of individuals qualify for quota benefits:
- Backward Sections of Citizens – This includes:
- Economically disadvantaged families affected by the Liberation War, such as those of impoverished freedom fighters and war victims.
- People living below the poverty line.
- Ethnic minorities who lack adequate representation in government services.
- Women, given historical socio-economic disadvantages.
- Persons with disabilities.
- Any other group proven to be socio-economically marginalized.
However, a crucial condition applies: individuals from these groups are eligible for quotas only as long as their representation in government jobs remains disproportionately low compared to their population ratio.
- Religious Institutions – Certain government positions that require religious affiliation, such as roles within religious institutions, can be reserved for individuals of that faith.
- Gender-Specific Jobs – If a job is inherently unsuitable for one gender, the Constitution allows for reservation of such posts.
No provisions exist for quotas beyond these three categories.
Is the State Obliged to Maintain the Quota System?
The Constitution merely permits the state to create quota-based policies but does not impose a mandatory obligation to implement them. Former Law Minister Barrister Shafique Ahmed noted:
“The quota system was introduced through administrative orders, not constitutional mandates. Article 28(4) allows for special provisions for disadvantaged groups, but the state is not constitutionally bound to implement them.”
Similarly, Barrister Moudud Ahmed, a BNP leader, stated:
“Quotas were established through administrative orders, not through constitutional obligations. The Cabinet has the authority to repeal them.”
What Happens When Quotas Are Misused?
The fundamental goal of quotas is to promote equality. However, if a quota system disproportionately benefits a group beyond their socio-economic need, it undermines fairness and contradicts Article 29, which ensures equal opportunity for all citizens. Misallocated quotas can lead to greater inequality and hinder sustainable development.
Historical evidence suggests that excessive favoritism toward certain groups breeds social unrest. The French Revolution was fueled by economic inequality, just as the Liberation War of 1971 was driven by the systemic discrimination of Bengalis under Pakistani rule.
Thus, for a nation’s stability and sustainable growth, it is crucial to assess whether the quota system is serving its intended purpose. If misused, it can deepen socio-economic divides rather than bridge them.
Conclusion
The constitutional philosophy behind the quota system is to empower the marginalized, not to reward privilege. Deviating from this principle exacerbates inequalities, making it harder to achieve the SDGs, particularly Goal 1 (No Poverty) and Goal 10 (Reduced Inequalities). Moreover, Vision 2041, which aims for inclusive development and poverty reduction, necessitates a well-regulated quota system that ensures genuine equal opportunity.
Thus, while the Constitution permits quota-based policies, their implementation must be carefully monitored to align with the broader goal of equitable national development.
