Hindustan Times ST (Jaipur)

Trouble if reservatio­n breaches 50%-mark

- Ashok Bagriya letters@hindustant­imes.com

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:

 ?? PTI FILE ?? Quota leader Hardik Patel interacts with Patidar community people in Ahmedabad.
PTI FILE Quota leader Hardik Patel interacts with Patidar community people in Ahmedabad.

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