SC ruling may ease pressure on government from quota applicants | India News
NEW DELHI: The Supreme Court ruling that classifies any breach of the limit of 50% of the reserves as a sign of a “society that is not based on equality, but on the rule of the castes”, consolidates the upper limit as inviolable and it can thwart renewed pressure from politics and social neighborhoods to expand quota boundaries.
The CS intervention in the irritating issue provides great relief to the Modi government, as the polarizing demand, with strong advocates and detractors, would be difficult for a political party to reject. It could also give state governments a useful reason to claim their inability to meet new qouta demands. The intervention of the CV during the implementation of the Mandal Commission laid the foundations for the 50% ceiling.
While the midway quota cap was designed as a balance between affirmative action and overall merit, it has been rejected by OBC politicians because backward communities believe their slice of the pie is too small. That quota must be “proportional to the population” has been the argument presented.
On the contrary, the ruling parties have been wary of the political consequences of deciding one way or another and have chosen to strike a balance. The Modi regime introduced the controversial 10% Upper Caste Quota (EWS) to neutralize anger among advanced communities over its 2018 move to undo the court-ordered dilution of the SC / ST Atrocities Act. The CV has yet to hear and decide on the constitutionality of the quota on economic criteria that is reserved for EWS.
What made the new push against the 50% cap more sensitive was the support it received from all states when it came to creating new quotas to accommodate the demands of influential social groups, such as the Marathas in Maharashtra, Gurjars in Rajasthan and Jats in Haryana.
The ruling may have opened a can of worms by stripping states of their powers to identify OBCs for local quotas. The origin of this ruling is found in the 102nd Constitutional Amendment, which the Center introduced in 2018 to grant constitutional status to the National Commission for Backward Classes.
The bill, Prime Minister Modi’s flagship agenda, was stalled in Parliament for a long time because the opposition warned that its wording and provisions would make the NCBC the ultimate arbiter for identifying CBOs for state lists and removing powers. of the states. Even the bill examined by the parliamentary committee headed by Bhupendra Yadav of the BJP found the same objections in Lok Sabha and Rajya Sabha.
The NCBC, a body appointed by the ruling party in the Center, would have unprecedented powers to decide which caste can be on a state’s OBC list, a big change from the existing regime when its mandate was limited to the Central list. It is being watched closely whether the BJP government will appeal against this part of the SC ruling or act to amend the 102nd Constitutional Amendment.