No legal hurdles, says govt; 10% quota for all poor passed in LS

NEW DELHI: The Constitution (124th amendment) bill to set aside a 10% quota in jobs and education for the economically weaker section received the Lok Sabha’s approval with all-round support on Tuesday, hours after its introduction in the Lower House.

The proposed law will be limited to public employment, but will cover both aided and unaided educational institutions. The government sounded confident that the amendment would withstand legal scrutiny even as the Congress suggested that the bill be sent to a joint parliamentary committee (JPC) for review.

Intervening during the debate, finance minister Arun Jaitley pointed out, “the apex court had stated that the rule of 50% [cap on reservations] applies only to reservation for backward classes. This bill is for social and economic justice,” he said.

Explaining why similar attempts failed earlier, Jaitley added that the PV Narasimha Rao government also brought 10% reservation for economically weaker sections, but it was through a notification. “States, too, tried reservation through notification or a normal law. Narasimha Rao’s order didn’t have power from Constitution, same happened with the states,” he said.

The bill will be brought in the Rajya Sabha on Wednesday. The government hopes to get the Upper House’s clearance the same day, which is the last day of the session.

While the bill saw overwhelming support from all parties, cutting across political lines, the Bharatiya Janata Party (Bjp)-led government faced some criticism over the haste with which it brought in the legislation, and over the prevailing job situation. The bill was opposed by PR Kunhalikutty (Indian Union Muslim League), Jayprakash Narayan Yadav (Rashtriya Janata Dal) and Asaduddin Owaisi (All India Majlis-e-ittehad-ul Muslimeen) who all contended that it was against the Constitution.

The final tally after the voting on the bill was 323-3 in its favour.

Congress leader KV Thomas criticised the government’s “haste” and reminded it about the problems encountered in demonetisation and the GST [goods and services tax] rollout in 2017.

The apex court had stated that the rule of 50% [cap on reservations] applies only to reservation for backward classes. This bill is for social and economic justice

ARUN JAITLEY, Union minister We are not against it. We support the concept. But the way you are doing it, [your] sincerity [is] questioned. Send it to JPC [joint parliamentary committee]

KV THOMAS, Congress leader