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To end deadlock, Rajasthan govt to bring bill on 5% quota

The Gehlot government will request Modi to give Gurjars quota by enlisting community in 9th schedule of the Constitution

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The members of the Gurjar community continue to sit on railway tracks at Sawai Madhopur on the fifth day on Tuesday while pressing for their demand for 5% reservation in government jobs.
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A meeting of the council of ministers chaired by chief minister Ashok Gehlot and attended by deputy CM Sachin Pilot has decided to bring a bill on 5 per cent reservation for Gurjars and other four castes. With this the reservation in state may reach to 54 per cent.

“The government may make a big announcement on Wednesday in the Assembly and with that the issue will come to an end. Let us wait for a day,” said Ashok Chandna, sports minister and also a Gurjar MLA, while speaking to scribes at the CMO on Tuesday. 

Parliamentary affairs minister Shanti Dhariwal also hinted that government may bring a bill to end quota stir. “In our party manifesto we promised to give them reservation by legal process,” said Dhariwal after the Cabinet.

According to sources, the government had made its mind to end deadlock on the quota stir. 

It has taken two steps to appease the agitated Gurjars so that normalcy could be restored in the state. The first step is to get a resolution on 5 per cent reservation to the community, passed in the Assembly, by requesting the Modi government to give them reservation by enlisting the community in the 9th schedule of the Constitution of India. For this, an amendment in the Constitution would be needed.

The action simultaneously would be taken by bringing a bill on 5 percent reservation to the community in government jobs.  

Five communities namely Banjara/Baldiya/Labana, Gadiya Lohar/Gadoliya, Gujar/Gurjar, Raika/Rebari/Debasi and Gadariya/Gadri/Gayari will benefit from this move. 

The Gurjars leaders, though, have been pressing for 5% reservation by Constitution amendment as earlier bills passed were struck down by court as they crossed the ceiling on reservation. As per the Supreme Court order the ceiling of 50% reservation could not be breached.

The Congress and BJP governments earlier got passed three bills on quota but all were found invalid in light of the SC order. 

In 2008 the BJP government brought a bill giving 5% quota under SBC (special backward class) to Gurjars and 14% reservations to EBC (economic backward class). But the reservation reached 68% and it was stayed by the court later.

Post the court stay, Congress government issuing a notification gave them 5% reservation again under SBC category issuing an order in 2012. It was also challenged and stayed in the court. 

About Quota & More

Five communities namely Banjara/Baldiya/Labana, Gadiya Lohar/Gadoliya, Gujar/Gurjar, Raika/Rebari/Debasi and Gadariya/Gadri/Gayari will benefit from the move. 
As per Supreme Court order ceiling of 50% quota cannot be breached. Congress and BJP governments earlier got passed three bills on quota but all were found invalid in light of the SC order. 

Reservation As Of Now

Currently, reserved category has 49 percent in Rajasthan including 21 percent OBC, 16 percent SC and 12 percent ST. If Gehlot government bring another bill on Wednesday then it could be challenged again. Hence the Gurjars have been demanding 5 percent reservation with amendment in the constitution so it do not face any legal hurdle. Notable the Modi government recently gave 10 percent reservation to economic weaker section (EWS) by amending the constitution. Gehlot government is also brining a bill on the EWS too on Wednesday.  

What Raje Govt Did

The previous Vasundhara Raje government got passed two bills in 2015 and in 2018 again while giving the Gurjars 5 percent reservation but both were stayed as the bills crossed 50 percent ceiling. Later in 2018 the BJP government created a MBC (most backward category) giving them 1 percent reservation under 50 percent ceiling.

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