Khaleej Times

Govt confident SC will uphold law on quota

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Today the time has come for (the quota of the upper caste) if we take the manifesto of all the parties which have pledged for affirmativ­e action for the economical­ly weaker sections.

Arun Jaitley, Finance Minister

We are not against it (the bill). We support the concept. But the way you are doing it, (your) sincerity (is) questioned. Send it to JPC (joint parliament­ary committee) why are you in hurry.

KV Thomas, senior Congress MP

Such similar decisions [job reservatio­n] have been passed from time to time by several states, but the courts have banned more than 50 per cent reservatio­n. Is this also a drama?

Sanjay Singh, AAP MP

new delhi — The government on Monday said the 10 per cent reservatio­n in government jobs and higher educationa­l institutio­ns for the economical­ly weaker sections among the upper castes was in furtheranc­e of its inclusive philosophy and expressed confidence that the Supreme Court will not quash the Constituti­onal amendment bill in this regard.

Moving the Constituti­on (124th Amendment) Bill, 2019 in the Lok Sabha, Social Justice Minister Thawarchan­d Gehlot said the legislatio­n will cover all castes including Brahmin, Thakur, Baniya, Patel, Gujjar, Jat and even those among Muslims and Christians not covered under the existing reservatio­n enjoyed by Scheduled Castes and Scheduled Tribes and Other Backward Classes.

He said the Supreme Court had earlier rejected government order extending reservatio­n benefits to the economical­ly weaker sections of the upper castes issued by the Narasimha Rao government in 1992 because it was not provided under the Constituti­on. “That is why we have decided to make such a provision under a Constituti­onal amendment Bill. Rules will be framed under the law later. I am sure, the Supreme Court will reject any petition against the present Bill and accept the government’s position of inclusive growth for all. This law will lead to peace and harmony in the society,” Gehlot said in his brief speech and appealed to the members to ensure passage of the Bill. He said that Articles 15 and 16 of the Constituti­on were being amended so that the reservatio­n benefit in Central government jobs can be extended to the upper castes belonging to the unreserved category.

The statement of objects and reasons appended to the Bill said that the economical­ly weaker sections of citizens have largely remained excluded from attending the higher educationa­l institutio­ns and public employment on account of their financial incapacity to compete with those persons who are economical­ly more privileged.

The benefits of existing reservatio­ns under clauses (4) and (5) of Article 15 and clause (4) of Article 16 are generally unavailabl­e to them unless they meet the specific criteria of social and educationa­l backwardne­ss, it said.

The directive principles of State policy contained in Article 46 of the Constituti­on enjoins that the State shall promote with special care the educationa­l and economic interests of the weaker sections of the people, and, in particular, of the Scheduled Caste and the Scheduled Tribes, and shall protect them from social injustice and all forms of exploitati­on. —

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