Bill faces legal hurdles

NEW DELHI: The Haryana government’s decision to bring a bill to declare Jats and four other castes as backward communities may not withstand judicial scrutiny in view of the 50% ceiling on quota in government jobs imposed by the Supreme Court.

After an all-party meeting, chief minister Manohar Lal Khattar said: “The draft bill will be framed after taking suggestions and in consultation with Jat leaders and leaders of all political parties.”

However, any such move will face several legal hurdles.

The Supreme Cour t has already declared as unconstitutional the UPA government’s decision to treat Jats as a part of the OBCs (Other Backward Classes).

Setting aside the noti-

THE SC HAD, IN MARCH 2015, SAID RESERVATION SHOULD NOT BE DECIDED ONLY ON THE BASIS OF CASTE AND OTHER MARGINALISED SECTIONS SUCH AS LGBTS COULD BE CONSIDERED

fication to include J at sin the central list of OBCs, the Supreme Court had, in March 2015, said reservation should not be decided only on t he basis of caste and that other marginalised sections such as LGBTs could be considered.

Even if placed in the ninth schedule of the Constitution that protects laws from judicial scrutiny, the Haryana government’s proposal to include Jats and four other castes in OBCs will be open to judicial scrutiny.

In January 2007, a ninejudge Constitution bench upheld Parliament’s power to place a particular law in the ninth schedule but said such laws did not enjoy a blanket protection from judicial scrutiny.

The Supreme Court laid down a two-fold test to examine the validity of a law placed in the ninth schedule. First, it has to be examined whether the law in question violates any f undamental right or not.

And if yes, whether the violation also damages or destroys the basic structure of the Constitution.

If the answer to both the questions is in the affirmative, then only a law placed in the ninth schedule can be declared unconstitutional.