Trouble if reservation breaches 50%-mark
The proposed promise of reservations for the Patidar community in jobs and educational institutions by the Congress ahead of the upcoming Gujarat elections could run into trouble as it could take the total proportion of quotas in the state beyond the permissible 50% mark.
Gujarat currently has 48% reservation that includes 7% for Scheduled Castes, 14% for Scheduled Tribes and 27% for OBCs.
If the Congress’s promise of reservation to Patels takes the total proportion of quotas to beyond the 50% mark, it will run counter to the Supreme Court ruling and risk being struck down.
In 1992, the Supreme Court set a ceiling of 50% for all types of reservation while ruling that the Mandal Commission’s recommendation giving reservations to OBCs was constitutionally valid.
However, according to Patidar leaders, the proposal is to give reservation under Article 46 and protect by Article 31C.
Article 46 of the Constitution is a part of the chapter on Directive principles of the state policy and talks about — promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections.
Article 46 exhorts that state shall promote with special care the educational and economic interests of the weaker sections of the people and shall protect them from social injustice and all forms of exploitation
Article 31 C protects laws which are made in order to implement the directive principles in Part IV of the Constitution even if they are in contravention with Fundamental rights i.e Article 14 and 19.
Article 31 C originally was not a part of the constitution and insterted after an amendment in 1971.
Patidars make up around 12% of the state’s population and can potentially influence the outcome in around 60 seats in a 182member state assembly.
The top court recently stayed a similar decision by Rajasthan government to give quotas to Gujjars, which took the total reservation in the state to upward of 50%.
NEWDELHI: