Legislature knows people’s ‘ultimate pulse’: Haryana to HC on quota for Jats
CHANDIGARH: The Haryana government on Friday argued before the Punjab and Haryana high court that the legislature is the ‘best judge’ to understand ground reality, and hence passed a law giving reservation to Jats and five other communities with unanimous voice in 2016.
Initiating the final round of arguments on behalf of the state, senior Supreme Court lawyer Jagdeep Dhankar said the legislature of the state knows the ultimate pulse of the people.
“It is the state, which knows the reality on ground level (as to who deserves reservation). It knows (the) ultimate pulse of the people,” he said. He argued further that the case law established in Indira Sawhney case, the Supreme Court does not limit powers of state in giving reservation by executive orders and legislative enactments beyond the threshold limit of 50%.
Data cited by petitioners to showcase that Jats are adequately represented in government jobs, have also been controverted to, he said, while referring to the argument raised that against the 25% population of Jats, their share in government jobs is between 30 to 62%.
He also referred to the volatile situation on ground and requested for the matter to be heard on priority. Dhankar will continue with his arguments on Tuesday.
On the other hand, the petitioner’s advocate Mukesh Verma, who concluded his arguments on Friday, said that the state legislature was kept in dark by the government while enacting the law.
Had the government informed the legislature about the Supreme Court’s judgment in Ram Singh’s case in which the KC Gupta Commission report(which became basis for reservation) was rejected, the law would not have seen light of the day, he argued.
The quota was stayed by the high court on May 26, 2016, on a PIL filed by a Bhiwani resident. The Haryana Backward Classes (Reservation in Services and Admissions in Educational Institutions) Act, 2016, provides for 10% reservation in government jobs for Class 3 and 4 posts and 6% reservation in Class 1 and 2 posts to Jats, Jat Sikhs, Rors, Bishnois, Tyagis, Mulla Jats or Muslim Jats.
The quota law was enacted by the government following violent protests by the Jat community in February 2016, in which 30 people were killed and property worth crores was damaged.