The timing of the Basavaraj Bommai-led BJP government announcing its decision to increase reservations for Scheduled Castes (SC) and Scheduled Tribes (ST) seems to have been hastily with focus on next year’s Karnataka elections. Is.
The circumstances under which the Chief Minister took this decision is quite interesting. The political justification arose from the fact that the Congress Rahul Gandhi In the Bharat Jodi Yatra of the party, he talked about implementing the report of Justice Nagmohan Das Commission on increasing the reservation for Scheduled Castes and Scheduled Tribes.
The very next day, Karnataka’s Leader of Opposition and former Chief Minister Siddaramaiah had to leave the yatra to attend an all-party meeting called to take a decision on increasing the reservation. Soon after, the Bommai cabinet accepted the recommendations of the Justice Das-led commission, which was set up by the Congress-Janata Dal (Secular) coalition when it came to power in 2018-19. The panel submitted its report in July 2020 which recommended increasing the reservation for SCs and STs.
number game
The state cabinet decided to issue an executive order to immediately increase the reservation for Scheduled Castes to 2 percent (15 percent to 17 percent) and for Scheduled Tribes to 4 percent (3 percent to 7 percent). Violated the 50 per cent limit set by the Supreme Court.
Calling it a “historic decision”, the BJP took a political step on the eve of Valmiki Jayanti, the birth anniversary of Maharishi Valmiki, who is considered a symbol of Valmiki Nayak, the politically powerful ST community. This is seen as a step to ensure that the BJP retains the support of the community that the Congress is trying to win over as the ST community, which is the largest of the nearly 52 tribes in the state, has gained a massive following. But the Indian public has supported. Celebration.
Incidentally, the decision comes at a time when the Congress’ Bharat Jodi Yatra enters Chitradurga, Ballari and Raichur districts, which are known as strongholds of the Nayak community.
“Violation of the 50 per cent limit is possible and can be justified by the Karnataka government showing exceptional circumstances. If the government so desires, it can also be made foolproof. This can be made a constitutionally acceptable policy,” Karnataka Commission Advocate General Professor Ravivarma Kumar told News18.
court test
CM Bommai is confident that state law ministers and departments, legal and constitutional experts, and advocate general will be able to bring the cabinet’s decision to the protection of the Ninth Schedule of the Constitution and beyond judicial scrutiny. For this, the BJP government at the Center will have to insist on constitutional amendment.
“The Ninth Schedule has its own procedure. This is a constitutional amendment, which takes its time. We are sure that we will pass the legal test,” the chief minister said.
However, in 1994, Karnataka’s policy of providing reservation up to 73 per cent was struck down by the Supreme Court in the absence of empirical data to substantiate the need.
Speaking to News18, Justice Nagmohan Das said that Article 810 of the apex court’s Indra Sawhney case order states that the 50 per cent limit is a rule, but in exceptional circumstances, it can be relaxed.
“The SC order clearly states that caution and caution should be exercised in exercising these extraordinary circumstances. So, 50 per cent limit can be relaxed in exceptional circumstances and if we make a case for extraordinary circumstances, then where is the question of violating the Supreme Court’s decision?” He explained, while adding that most people have not read the full judgment and need to understand the minute details. He said that in 2019 the government India 10 percent reservation was provided to the economically weaker sections of the general category.
“With this, the total reservation in central services has increased from 49.5 per cent to 59.5 per cent. If the central government can cross the limit, why can’t the state? Nine states have crossed the 50 per cent limit, so why not Karnataka,” he said.
quota unquoted
Of the 67 million population of Karnataka, there are 102 in the SC category and more than 50 in the ST list. Currently in the state, the overall Other Backward Classes (OBC) reservation is 32 per cent, which includes 4 per cent of Backward Tribes classified as Category I, 15 per cent to Other Backward Castes as Category II-A, 4 has been classified. Percentage of Muslims classified as Category II-B, Backward communities such as Vokkaligas and others under Category III-A, pegged at 4 percent, and Lingayats under Category III-B with 5 percent . The SC quota is 5 per cent and Scheduled Tribes 3 per cent, which is 50 per cent of the total prescribed by the apex court. With the announcement of increase in SC/ST reservation, the number of reservations in Karnataka will go up to 56 per cent.
“We are ready to take this fight to the courts as there is merit in our case. We will place our case before the Supreme Court and we have enough examples from other states to support our decision. Till now, no court has ordered against their decisions, so when we can argue a solid case, why not?” A senior BJP minister told News18.
The Bommai government will depend on the decisions taken by states like Tamil Nadu (69 per cent), Maharashtra (68 per cent), Uttar Pradesh (60 per cent), Jharkhand (70 per cent), Madhya Pradesh (73 per cent). , and Rajasthan (64 percent), others.
A caste study done by the Siddaramaiah government at a cost of Rs 160 crore is lying in cold storage. It was earlier organized under the Kantharaju Commission, but the recommendations made were not accepted by the Congress government. It remains unknown till date and it seems that neither the ruling BJP nor the Congress wants to disclose the details of this controversial survey.
CS Dwarkanath, former chairman of the Backward Classes Commission, said that Karnataka is the only state in the country which has conducted this caste census.
Other quota in queue
Meanwhile, other communities have been demanding reservation or an increase in reservation-related demands. Communities such as the Veerashaiva Panchamasali Lingayats, who are currently classified under Category III-B, are demanding that OBCs be classified under Class II-A. The Halumtha Kuruba community, which is currently in the II-A category of OBCs, is demanding to be recognized as a Scheduled Tribe. Want to be included in Vokkaliga Central OBC list.
“We have demands from different communities to increase their quota. We have taken this decision after careful consideration and investigation. Karnataka Law Minister JC Madhu Swamy said, if not backed up with empirical data and proper scientific report, quota demands will not be considered.
Senior BJP leader and former Karnataka law minister Suresh Kumar told News18 that the state government should further study future demands that may arise similarly from other groups.
“The state government should also constitute a committee of expert lawyers to study the strength of the case which will help us stand the legal test,” he said.
“We are not going to touch the existing quota, but we are going to increase the reservation by more than 50 per cent. It may affect the general category to some extent but we will not touch the OBC quota.
The demand for Panchamasali Lingayats is led by Sri Basava Jai Mrityunjaya Swamy, the seer of the Panchamasali Peeth at Kudalasangam, and has warned the Bommai government that those supporting the movement will lay siege to Vidhana Soudha in the second week of November. There is no all-party meeting on the demands.
According to Ravivarma Kumar, the demand by Veerashaiva Panchmasali to be classified under the more backward class is unreasonable. He further informed that Veerashaiva Lingayats under III-B OBC category have already been given special treatment.
“The Panchamasalis have been certified as a pioneer community by every commission set up in Karnataka. They are a community that has reaped the fruits of political power, educational advancement and representation in government service. The Chinnappa Reddy Commission report, which has been recommended by all SC judgments as a model report, certifies the entire Lingayat community as an advanced community. So when they have been certified as forwards, they are not allowed to be added to the more backward list,” he said.
Scheduled Castes and Scheduled Tribes stand at different pedestals because of the parameters under which they are considered. To be classified under the SC category, the community would have had to suffer the effects of untouchability. For the ST category, the former Advocate General said, five parameters need to be considered: signs of primitive traits, distinctive culture, geographical isolation, shyness and backwardness of contact with the community at large.
Asked whether it was similar to the reservation demanded by the Marathas of Maharashtra, Justice Nagmohan Das clarified that it is not the same.
“The reservation sought by the Marathas is completely different from the one demanded in Karnataka. Marathas do not come under SC or ST category. There was no empirical data to support the demand of the Marathas and that is why it was rejected by the Supreme Court,” he explained.
Ravivarma Kumar said, “In the case of Marathas, the law was in their favor while demanding reservation, but Veerashaiva Lingayats are seeking reservation as there is no law in their favour.”
‘Need for dialogue and discussion’
Asked whether increasing reservation for SCs and STs will open Pandora’s box for the BJP government, Suresh Kumar feels there is a need for more talks between community leaders demanding quota to understand their concerns. needed.
“There is a need for mutual dialogue and discussion. The demands by the communities should be supported with empirical data and socio-economic need which support their demand for reservation,” the former minister said.
A demand by Dharwad West MLA Arvind Belad created a new controversy. The leader has written a letter to CM Bommai saying that the reservation given to Muslims and Christians under the OBC category should be removed and instead quota should be given to Panchmasali Lingayats. They argue that according to the Constitution, reservation should be given on the basis of caste and not on the basis of religion.
“The reservation that was to be given to OBCs was given to Muslims and Christians by the previous Congress government. These communities are already getting enough funds from the central and state governments through minority ministries for their development… To correct the injustice done to OBCs, we have given reservation to Muslims and Christians in OBC quota. should be reduced. Instead, those reservations should be given to Lingayat Panchamasali, other sects of Lingayat communities, Kuruba (shepherd) and other communities,” Bellad said in his letter to Bommai on Tuesday.
read all Latest Politics News And today’s fresh news Here