Upper caste quota: Political risks few, legal hurdles many

NEW DELHI: The Modi government’s push for a 10% quota in addition to quotas for OBCs, SCs and STs runs a few risks in terms of likely procedural hurdles in Parliament and scrutiny by the courts but the Centre feels the gambit is not too politically perilous ahead of the Lok Sabha polls.

The government is set to bring the constitutional amendment to Lok Sabha on Tuesday and while there is the possibility of opposition parties raising objections on technicalities, the extension of the current session of Parliament cannot be ruled out.

With Congress on Monday announcing support for the bill even as it accused BJP of opportunism, the extension of the session may not be a problem. On the request of the government, which said it has “unfinished business”, Rajya Sabha chairman Venkaiah Naidu extended the House by a day till Wednesday.

Though opposition parties on Monday indicated at the meeting of the Lok Sabha business advisory committee that they were not keen to extend the session beyond Tuesday, they may revise their stand. Irrespective of the bill’s immediate fate, the government can call another session or argue that it did its best to pass the law.

The government needs to factor in the possibility of opposition parties, particularly regional caste-based ones, trying to daub the proposal as an upper caste benefit by saying there was need to address the needs of OBCs, SCs and STs, pointing out how efforts to expand caste-based quotas beyond 50% have been repeatedly struck down by the courts.

The BJP leadership calculates it will be able to consolidate its upper caste support, seen to be wavering on issues like the reinstatement of the tough provisions of the law against atrocities on Dalits and tribals and ambiguity over whether the benefits of various government schemes have made any difference for the middle class. It also feels since quotas for OBCs, SCs and STs are not being affected, there will be no significant backlash and might even put to rest a persistent campaign that the BJP and Sangh parivar are out to do away with reservations.

On the legal front, the government is bracing for a demanding battle in Supreme Court, where the 10% quota can be expected to be challenged. The government will be required to establish the decision does not affect the “basic structure” of the Constitution and that Parliament is within its rights to amend it to introduce an economic criteria for granting reservation.

The challenge, a government source said, is not easy to negotiate but worth the effort. If the move fails on the legal front, the government can argue it did its best and will make a fresh effort after the elections.