Lok Sabha passes Bill to provide 10% quota for poor in general category

The Lok Sabha on Tuesday approved the Constitution (103th Amendment) Bill 2019 to amend Article 15 and 16 of the Constitution in order to provide 10 per cent reservation in jobs and educational institutions to economically backward section in the general category with an overwhelming majority. Out of 326 MPs present in the House, only three voted against its passage.

Amidst fears raised by various MPs that the provision will not stand to judicial scrutiny, Union Minister Thawaarchand Gehlot, replying to five-hour long debate, assured that courts will not strike it down, as it was an amendment in the Constitution, unlike previous attempts notably by late prime minister PV Narasimha Rao, which was set aside by the Supreme Court. So far, reservation under the Constitution was only given on the basis of social and educational backwardness, not economic backwardness. In the past, the SC and several high courts have used the 1992 SC judgments to strike down reservations that breached the 50% limit, such as in the Maratha and Patidar quota cases.

The Bill was passed amidst heated exchanges between opposition and treasury benches. While the legalisation got an overwhelmed support cutting across the aisle, the man objections put forward by opposition MPs were that its introduction has violated the procedure and was brought in the House, without mandatory intimation. They also questioned bringing such significant legislation on the last day of the session and at the fag end of the tenure of NDA government, describing it a move to reap a political harvest in general elections.

Many MPs that included union minister and BJP ally Apna Dal member Anupriya Patel and Hyderabad MP Asadudin Owasi apprehended that since the legislation was not backed by any empirical data, it will be set aside by the judiciary.

There were also demands to put in public domain findings of the Socio-Economic Caste Census which was conducted by the previous UPA government in 2011 and has been kept under lock and key in Home Ministry. Two union ministers and allies Ram Vilas Paswan and Ramdas Athawale pitched for bringing law to provide caste-based quota in the judiciary and also reserving jobs in the private sector. They asked for the creation of Indian Judicial Services.

Earlier, piloting the Bill, Union minister Thawaarchand Gehlot said there was a need to bring the economically backward sections to the mainstream. The minister assured the House that the bill will clear judicial scrutiny if it is challenged in courts. He said at present, the economically weaker sections have largely remained excluded from attending the higher educational institutions and public employment on account of their financial incapacity to compete with the persons who are economically more privileged. Union minister Arun Jaitley also made a forceful pitch for the passage of a bill. Making an intervention in the Lok Sabha, he rejected suggestions that the measure may fall foul of a Supreme Court judgement putting a cap of 50 per cent at the total quota. The bar, he added, is for caste-based reservations, while the bill seeks quota for the economically weaker sections in the general category. Attempts were made earlier too by governments at the Centre and states in this regard but failed because they were done either through common statutory provisions or notifications, Jaitley said.

Quoting from the Congress manifesto, which called for such a quota, he asked it to "walk its talk" by supporting the bill. The BJP in its manifesto also supported the measure and is now working to implement it, he said, adding Constitution makers also spoke about equality of status and opportunity. Taking a jibe at opposition parties for their protests, he said if they are supporting the bill, they should be wholehearted and not grudgingly doing it. He also added the bill, once passed by Parliament, will come into effect and would not be required to be ratified by state assemblies.

Initiating debate from Opposition benches, Prof. KV Thomas of the Congress questioned the timing of the NDA government's initiative that comes months ahead of the Lok Sabha elections; even its intentions. He, however, clarified from the beginning that it will support the constitutional amendment bill that had been introduced in parliament just hours earlier. He also asked how the government would be able to implement the quota for private educational institutions which don't get aid from the government. He also cited studies to taunt the government, arguing that millions of people had lost their jobs.

Jaitley did not respond to the employment statistics, adding he would talk about it some other day. Other opposition parties such as the Trinamool Congress, AIADMK and even the BJP ally, Shiv Sena, also did not explicitly take a very hard stance against the bill. But the AIADMK's M Thambidurai did question the concept of reservation on economic criteria, rather than social status. It will be struck down by the courts, he predicted. Shiv Sena's Anandrao Adsul did also taunt the government for taking so long to bring in the constitution amendment but asserted that it would, nevertheless, support the initiative.

Big Support

• Political parties across the board extended support for Bill to provide 10% quota for EWS
• Opposition, but, termed it a ‘stunt’ ahead of the Lok Sabha polls.
• Congress said it backs the bill, but doubted the government’s intentions
• BSP, SP, TDP and DMK, also called it BJP’s poll gimmick, but backed the move.