Jat quota in legal tangle

The quota law enacted by the BJP govt in 2016 was put in abeyance by the Punjab and Haryana high court in 2017

WHY JATS WANT FRESH STIR?

Jats have been demanding reservation in state and central government jobs and educational institutions. They also want criminal cases against community members for the 2016 violence withdrawn.

WHAT GOVT DID TO PACIFY THEM?

The BJP government enacted a law to grant 10% reservation to Jats and five other castes. However, the high court ordered that the law be put in abeyance and HBCC determine the extent and quantum of reservation by March 31, 2018. Since the Supreme Court ordered a status quo, the commission has not made its findings public.

WHAT’S QUOTA CONFIGURATION?

The total reservation in the state is 67%, which is in contravention of the 1992 Supreme Court ruling in the Indira Sawhney case. The court ruled reservation under Article 16 (4) of the Constitution should not exceed 50%. Article 16 provides for equality of opportunity in public employment. The quota for Scheduled Castes is 20%, for backward classes it’s 37% and 10% for the economically backward.

HOW IS QUOTA CLASSIFIED?

In Haryana, the reservation for Scheduled Castes is 20%. There are three categories for backward classes — 71 castes under BC (A) have 16% reservation, six castes under BC (B) have 11% reservation and six castes, including Jats under the newly created BC (C), have 10% reservation for Class 3 and 4 jobs. The quota for Class 1 and 2 jobs for BC (A) is 11%, for BC (B) and BC (C), it is 6% each. There is a 10% reservation for the economically backward of the general category.

WHAT’S OLD AND NEW JAT QUOTA?

The Congress government had re-constituted HBCC to look into the demands of Jats, Jat Sikhs, Rors, Tyagis and Bishnois. The HBCC recommended 10% reservation for five castes under special backward class (SBC) category, which was implemented by it. However, the SBC quota was stayed by the high court on July 27, 2015. Following violence in February 2016, the BJP government brought a bill in the Haryana Assembly for 10% reservation in government jobs and educational institutions to Jats and five other castes. The Act was notified on May 12, 2016. In September 2017, the high court ordered the Act be kept in abeyance till the HBCC determines the extent and quantum of reservation in jobs and educational institutions.