Include Chhattisgarh's amended quota provisions in 9th schedule of Constitution: Baghel to PM

Chhattisgarh Chief Minister Bhupesh Baghel on Monday urged Prime Minister Narendra Modi to include the Congress-ruled state's amended provisions, that provide 76 per cent quota to different communities, in the 9th schedule of the Constitution to shield them from any judicial review.

The 9th Schedule of the Constitution comprises a list of central and state laws, which cannot be challenged in courts.

In a letter to the prime minister, Baghel said the state government had raised the quota (in government jobs and admissions in educational institutions) to 58 per cent in 2013.

Then the quota for the Scheduled Castes (SCs) was slashed by four per cent to 12 per cent and for the Scheduled Tribes (STs), it was increased by 12 per cent -- from 20 per cent to 32 per cent, while for the Other Backward Classes (OBCs), the reservation was kept unchanged at 14 per cent.

The Chhattisgarh High Court had last year set aside that order, he said.

The state Assembly in December last year passed two bills -- the Chhattisgarh Public Service (Scheduled Caste, Scheduled Tribes and Other Backward Classes Reservation) Amendment Bill and the Chhattisgarh Educational Institutions (Reservation in admission) Amendment Bill -- related to quota in government jobs and educational institutions in proportion to the population of different categories in the state, Baghel said.

As per the bills, the Scheduled Tribes will get a quota of 32 per cent, the Other Backward Classes 27 per cent, the Scheduled Castes 13 per cent and 4 per cent has been provisioned for the Economically Weaker Section (EWS), (taking the overall reservation in the state to 76 per cent), he said.

However, the bills are pending with the governor for assent, the CM added.

A Constitution bench of the Supreme Court in November last year upheld the Centre's decision to grant 10 per cent reservation to the EWS and the ruling paved the way for overall quota breaching the cap of 50 per cent.

In the recent months, resolutions have been passed in Jharkhand and Karnataka legislative Assemblies to increase the quota for various categories beyond 50 per cent (cap set by apex court earlier), said the letter, which comes ahead of year-end polls in Chhattisgarh.

Notably, in Tamil Nadu, where the per capita income is much higher than that of Chhattisgarh, and in many states of the North-East, reservation for tribals and backward classes is more than the limit of 50 per cent, it said.

The STs account for 32 per cent of the state’s population, SCs 13 per cent and OBCs 42 per cent.

The state's 44 per cent area is covered with forests and a large area is surrounded by inaccessible hilly areas. Due to all these reasons, difficulties are faced in conducting economic activities in various parts of the state, Baghel said in the letter.

According to the Reserve Bank of India report 2012, the number of poor people in Chhattisgarh was the highest in the country (about 40 per cent), said the Congress leader.

Considering the special circumstances, the inclusion of amended provisions of reservation (that provides 76 per cent quota in the state) in the 9th Schedule of the Constitution will help in ensuring justice to deprived and backward sections, Baghel said. He requested the PM to direct the authorities concerned to take steps in this regard and protect the reservation provisions from any judicial review.