Congress undertaking internal review to firm up stance on exclusion of SC, ST, OBCs in EWS quota

With sections in southern states taking a critical view of the exclusion of the SC, ST and OBCs from the 10 per cent EWS quota, the Congress is undertaking a political review of the issue to firm up its stance, sources said Saturday.

They said once the review process is over, a decision could be taken whether the party will take recourse to any legal remedy.

Separately, Congress general secretary in-charge Jairam Ramesh said the party has consistently taken a position since 2004 that it supports reservation in education and employment for economically weaker sections in all communities without disturbing the existing reservation for the Scheduled Castes, Scheduled Tribes and Other Backward Classes.

In a statement, Ramesh said the Supreme Court on Monday upheld by a 3-2 majority the 103rd Amendment to the Constitution passed by Parliament in January 2019.

''All five judges have upheld the 103rd Constitution Amendment to the extent that it provides for reservations for the EWS category. Three judges have opined that the EWS category could exclude Scheduled Castes, Scheduled Tribes and OBCs. Each of them has given different reasons for their respective position,'' Ramesh said.

Two judges were of the opinion that exclusion of SCs, STs and OBCs from the EWS category is unconstitutional, he said.

Along with many other parties, the Congress had supported the Constitution Amendment Bill in Parliament even as it had demanded a joint parliamentary committee on it for more detailed examination, he said.

But it was pushed through keeping the Lok Sabha elections in mind, he added.

Noting that a large number of issues have been raised by each of the five judges, Ramesh said the Congress is now studying them in detail.

Asked about differing opinions in various states and the Congress's stand, Ramesh told reporters that being a national party it has to be respectful and sensitive to the concerns of all states and work on a balance.

The Congress general secretary also demanded that when the main census takes place next, reportedly in 2023, a caste census should also be conducted.

There is a need for doing the caste census at the earliest, he said, adding the government should make its stance clear on the issue.

Sources in the party said the Congress is studying the judgment very closely with the legal aspects being looked upon by P Chidambaram and Abhishek Manu Singhvi and the likes of party chief Mallikarjun Kharge looking at it from the social and political point of view.

This review is ongoing and the party may change its stance voiced earlier but only after the thorough study is over, they said.

Sources said the issue of exclusion of SCs/STs/OBCs has become a matter of concern in many sections in south India and that has prompted the review by the Congress.

''We are undertaking a political review which may have judicial ramifications,'' a party source said.

Meanwhile, Congress MP P Chidambaram, in a tweet, said, ''I welcome the statement of the AICC that the party will undertake a review of the judgement of the SC on the reservation for Economically Weaker Sections.'' The exclusion of SC, ST and OBC from the new reservation has caused widespread concern among the people, he said.

''The reason is that, according to the Sinho Commission, SC, ST and OBC constituted 82 per cent of the population below the poverty line. The poor form a class. Can the law exclude 82 per cent of the poor? This is a question that must be examined objectively and dispassionately,'' Chidambaram said.

Earlier, Congress MPs Karti Chidambaram and Jyothimani as well as spokesperson Udit Raj had taken a divergent view from the party on the matter following the Supreme Court verdict.

Recalling the Dravida Munnetra Kazhagam's legal struggle against the reservation system brought by the central government, Tamil Nadu Chief Minister M K Stalin had said the judgment in the case ''should be considered as a setback in the century-long struggle for social justice.'' Speaking with reporters, Ramesh pointed out that in the 2009 manifesto, the Congress pledged to ''carve out a reservation for the economically weaker sections of all communities without prejudice to existing reservations for scheduled castes, scheduled tribes and OBCs''.

In the 2014 manifesto, the Congress had repeated its pledge.