NEW DELHI: In a move aimed at the upper caste voters, the Union Cabinet gave its nod to a Constitutional Amendment Bill on Monday to give 10 per cent reservation to the economically backward sections of the society over and above the 49.5 per cent quota in place for the SC, ST and OBCs.
The special Cabinet meeting was held in the Parliament House to discuss and clear the Bill to amend Article 15 and 16 of the Constitution to give reservation to the economically backward sections. The other issue on the agenda of the meeting was the Citizenship Amendment Bill which allows citizenship to Hindus, Christians, Jains, Sikhs, Parsis and Buddhists migrating from Pakistan, Bangladesh and Afghanistan.
The Bill will be introduced in the Lok Sabha on Tuesday -- the last day of the ongoing winter session -- to add Clause 6 in Article 15 and 16 of the Constitution to extend reservation in educational institutions and government jobs respectively. Though there is little possibility of its passage by both Houses of Parliament in this session, it would serve the purpose of sending across a message to the intended beneficiaries.
The amendment will state that this 10 per cent reservation for the economically backward will be other than the category mentioned in Clause 5 of Article 15 (the socially and educationally backward or the SC and ST).
Reservation will be given in educational institutions- both private and public, aided and unaided, other than the minority institutions- under the new Bill.
Similarly, for government jobs, the new clause in Article 16 will state that the 10 per cent reservation will be in keeping with Clause 4, but will be over and above the quota for the SC, ST and the socially and educationally backward.
Government sources maintained that the Bill does not violate the Indra Swahney judgement- that total reservation should not exceed 50 per cent- on grounds that the court said it applies only in the case of socially and educationally backward classes whereas this Bill deals with quota for the economically backward sections of society.
There is no restriction in the Constitution on keeping reservations under 50 per cent and this has come only through the interpretation done by the Supreme Court, the sources claimed.
The criteria stated in the OBC reservation for the creamy layer will be applicable for this new category as well, sources said. These include exempting those having annual income above Rs 8 Lakh, owning land over 5 acres, and offspring of MPs, MLAs and Class I officers.
The beneficiaries will include economically backward sections from all religions.
While this Bill will give reservation to economically backward in central government jobs, the states will be free to pass laws in keeping with this legislation. The Jats in Haryana and Marathas in Maharashtra are among those aggressively seeking reservations.
This government’s move has come weeks after its defeat in the Assembly elections in Madhya Pradesh, Chhattisgarh and Rajasthan where the upper caste went against BJP in the wake of its stand on the “dilution” of the SC/ST (Prevention of Atrocities) Act.
The NDA government had moved a Bill in Parliament before the Assembly polls to over-rule the Supreme Court judgement that said no immediate arrests should be made in cases filed under the SC/ST Act and it should be done only after a senior officer has checked the veracity of the complaint.
BJP strategy appears to be to woo back the upper castes Brahmin-Bania support that formed its core vote base. This was getting weaned away as the party made efforts to reach out to the Dalits and OBCs. Teething problems in implementation of the Goods and Services Tax and demonetisation have antagonised the BJP core supporter.
There is a growing perception that development agenda will not be enough to get BJP the numbers in the 2019 Lok Sabha elections. A hurried Cabinet meeting to clear this Bill as well as the controversial Citizenship Amendment Bill that faced severe opposition from the non-NDA members in Parliament’s Joint Committee are aimed at the general elections. The Joint Committee had submitted its report minutes before the Cabinet meeting on Monday.
These Bills, also the Triple Talaq Bill, further aim to force Congress to take a stand in Parliament. BJP expects it will gain politically if Congress opposes these Bills.