Raj passes bill to give quota to Gujjars and 4 other castes

RAJASTHAN IMPLEMENTS 10% QUOTA FOR EWS IN GENERAL CATEGORY

JAIPUR: The Rajasthan assembly passed a bill on Wednesday to provide 5% reservation in government jobs and educational institutions to Gujjars and four other castes in the state by increasing the backward classes reservation from 21% to 26%, a move that experts said will amount to contempt of Rajasthan high court.

The Rajasthan Backward Classes (Reservation of seats in educational institutions in the state and of appointments and posts in services under the state) (Amendment) Bill, 2019 was introduced in the Rajasthan Assembly on Wednesday and passed by voice vote. The bill amended two sections of the 2017 bill that has been struck by the Rajasthan high court and is pending in the Supreme Court.

The new law will further increase the quota in the state to 54%, which is impermissible in view of the 1992 Supreme Court judgment in the Indira Sawhney case (Mandal case) prescribing a 50% ceiling.

The assembly also passed an administrative resolution to request the Centre to include the Gujjar quota law in the Ninth Schedule of the Constitution that provides a protective umbrella to laws placed in it.

The Ninth Schedule was added to the Constitution by the First Amendment in 1951 along with Article 31-B with a view to provide a “protective umbrella” to land reforms laws to save them from being challenged in courts on the ground of violation of fundamental rights.

A nine-judge Supreme Court constitution bench in January 2007 said laws placed in the Ninth Schedule were open to judicial scrutiny and that such laws do not enjoy a blanket protection.

BD Kalla, minister in charge, said the State Backward Classes Commission has estimated the population of backward classes in Rajasthan to be about 52%, therefore looking at the volume of the population, the percentage of reservation for the backward classes needs to be increased. Kalla said a high-power committee, headed The Rajasthan government on Wednesday announced that required amendments will be brought in rules to provide 10% reservation in government jobs and education for the economically weaker sections (EWS) in the general category. Energy minister BD Kalla informed the state assembly: “The state government in the cabinet meeting held on Tuesday has decided to provide 10% quota as approved by the parliament on January 14, 2019 for EWS.”