RS-LDALL RESERVATION

The Parliament Wednesday approved

amending the Constitution to provide 10 per cent reservation

to general category poor in jobs and education with the

government terming the landmark move as 'slog over sixes'.

A day after Lok Sabha approved The Constitution (One

Hundred and Twenty Fourth Amendment) Bill, 2019, the Rajya

Sabha passed the law with 165 voting in favour and 7 against.

In the last leg of the legislative process, the Bill will

now go to the President for approval.

And once its gets his ascent, it will become the law that

will give economically weaker sections in the general category

10 per cent reservation in education as well as central and

state government jobs.

The Bill was approved after the House rejected a motion

moved by Kanimozhi (DMK) and supported by Left parties for

sending it to a parliamentary select committee for scrutiny.

Against 18 members supporting, 155 opposed it and one member

abstained.

The Bill was approved after the House rejected 5

amendments moved by Opposition members.

The quota will be over and above the existing 50 per cent

reservation to SCs, STs and Other Backward Classes (OBCs).

Replying to nearly eight hour long debate in Rajya Sabha,

Social Justice and Emowerment Minister Thaawar Chand Gehlot

asked Congress how it would have implemented the promise it

made in its election manifesto of giving giving reservation to

poor of general category but by amending the Constitution.

He said reservation to SC, ST and OBCs will not be

touched by the amendment and opposition parties should have

supported the legislation without any ifs and buts.

The changes in the Constitution being made to provide the

reservation will hold scrutiny of the Supreme Court, he hoped.

Filling up of jobs reserved for SC/STs and OBCs is an

ongoing process, he said, adding the bill was an attempt to

benefit poor of general category who have been deprived so

far.

While opposition parties questioned the motive behind

bringing the legislation just four months before the general

elections, Law Minister Ravi Shankar Prasad used cricketing

anology to justify the move saying 'sixes are hit only in the

slog overs' and said more such "sixers" are in the pipeline.

Several opposition members raised doubts about the

legality of the bill in view of the Supreme Court setting

limit of quotas at 50 per cent.

Minister of State for Social Justice and Empowerment

Ramdas Athawale said he saw nothing wrong in bringing a bill

to win election.

Congress and other opposition parties also raised doubts

over the move actually benefiting the deserving when, they

said, government jobs are drying and the economy is witnessing

a jobless growth.

Questioning the criteria defined to classify economically

backward classes in general caterogy as persons with annual

family income of Rs 8 lakh when income tax exemption limit is

only Rs 2.5 lakh, they also asked why in the four-and-half-

years the Modi government did not bring women's reservation

bill and one for reservation for SCs in promotion.

Satish Chandra Misra (BSP) said the bill was motivated by

meeting of his party chief and Samajwadi Party head for a

possible poll alliance in Uttar Pradesh, which sends most MPs

in the Lok Sabha.

The Bill comes just four months ahead of Lok Sabha polls

and weeks after BJP faced the wrath of the upper castes

especially in Madhya Pradesh and Rajasthan following its

aggressive push to win over backward classes and dalits, and

is being seen as an attempt by the party to win over the upper

castes.

Constitution envisages quota for socially and

educationally backward classes besides SC and STs, but has no

mention of economically weaker section.

The amendment bill seeks to insert a clause in Sections

15 and 16 of the Constitution.

A Constitution amendment bill requires support from at

least two-thirds of members present and voting in the both

Houses of Parliament.

The Lok Sabha passed the bill with 323 voting in favour

and three against.

To avoid the legislation being challenged in the Supreme

Court, which had set 50 per cent as the upper limit for

quotas, Consumer Affairs Minister Ram Vilas Paswan

demanded that the amendment be included in the Schedule 9 of

the Constitution. Reservation should also extend to private

sector and constituion of an All India Judicial service, he

said.

The Ninth Schedule to the Constitution was introduced to

save land reforms law enacted by various states from being

challenged in the courts to facilitate agrarian reforms.

Anand Sharma (Cong) said a government "on departure

lounge" brought the bill after facing "befitting" defeat in

three states elections last month.

Derek O' Brien (TMC) charged the government of bringing

"Cheat India" schemes in housing for all, two crore jobs,

doubling of farm income and Rs 15 lakh for all citizens.

While Kapil Sibal (Cong) equated the law to the

"disruptive" demonetisation, Praful Patel (NCP) said it will

deliver a "still born" baby.

BSP's Mishra termed it as "fraud on the upper caste"

while Manoj Kumar Jha of RJD said it was "a mid night

robbery."

Mishra and Ram Gopal Yadav (SP) demanded reservation for

Muslims.

Abdul Wahab (IUML) opposed the Bill, calling it illegal.

Amar Singh (Ind) asked why people who are opposing the bill

are voting in favour of it.