Left Menu
Development News Edition

Govt should bring ordinance to 'rectify' SC order on reservation in jobs: Paswan

Govt should bring ordinance to 'rectify' SC order on reservation in jobs: Paswan

The government should bring an ordinance to "rectify" the Supreme Court's recent decision on reservation in jobs for SC-ST communities and all such issues should be included in the Ninth Schedule of the Constitution to insulate them from judicial review, Union minister Ram Vilas Paswan said on Friday. He said the government was also mulling filing a review against the Supreme Court decision and was taking legal opinion on it.

"The review petition is there, but the matter will again go to court, it has to be looked at whether it will be successful or not. So, in my opinion the easiest way is to issue an ordinance and make an amendment in the Constitution," Paswan told PTI in an interview. The Lok Janshakti Party leader's remarks come amidst a political storm after the apex court recently ruled that the states are not bound to provide reservation for Scheduled Castes (SCs) and Scheduled Tribes (STs) in appointments and there is no fundamental right to claim quota in promotions.

"The Supreme Court saying that it is up to the state government for giving reservation in jobs and it is not a fundamental right...This is all part of the Constitution, and the people have this objection that the verdict is against the interests of the SCs and STs," Paswan said. To "rectify" the Supreme Court verdict, an ordinance should be brought and the Constitution should be amended, the Consumer Affairs, Food and Public Distribution minister said.

An ordinance can be brought when Parliament is not in session. However, if the government still wants to bring one during a break in an ongoing session, one of the two Houses is adjourned sine die (indefinitely), and once the ordinance is signed by the President, the House that was adjourned for the purpose is reconvened, a senior government official said. There have been precedents. The ordinance has a shelf life of six months. Once a session begins it has to be converted into a law within six weeks, or else it lapses.

LJP chief Chirag Paswan had also raised the matter in Lok Sabha and demanded that all such matters related with SC/ST be put in the Ninth Schedule, Paswan said. "All issues related to SC/ST should be put in the Ninth Schedule," he said.

"Then going to the court will be done away with because what is happening is that state legislatures and Parliament are passing laws (on SC/ST rights), but they get stuck in legal wrangles," Paswan said. Paswan said that about 70 Dalit and tribal MPs, including Union ministers, had met earlier this week at his residence and have put forward two main demands before the government -- an ordinance be passed and then Constitutional amendment made to nullify the Supreme Court verdict on reservation in jobs and also have an Indian Judicial Service to ensure representation of SCs, STs and OBCs in the higher judiciary.

The LJP leader also hit out at Congress leader Rahul Gandhi for politicising the issue. Gandhi had said that a "big controversy" was underway to erase reservations. Asserting that the government was committed to protect the rights of SC/STs, Paswan listed the Centre's steps such as nullifying the dilution of the SC/ST (Prevention of Atrocities) Act and designating places connected with B R Ambedkar as memorials, to state that the rights of the backward classes were a priority.

"Rahul Gandhi should tell people that why in Parliament's Central Hall there were so many portraits of people from one family, but Ambedkar's picture was not put up till the V P Singh government came to power," Paswan said. "In the polls that were held recently in Delhi, the Congress lost on all seats and its candidates lost their deposits on nearly all seats. So the message is clear that SC/STs, minorities, nobody voted for them," he said.

The Parliament is on the same page on reservation and no government can ever raise questions on the quota issue, he asserted. "I can say reservation will never be done away with and whatever steps the government has to take it will take," Paswan said, adding that LJP, a BJP ally, will always stand in solidarity with the deprived sections of the society and fight for their rights.

A huge row broke out both inside and outside Parliament on Monday over the Supreme Court ruling on reservation in jobs for the SC/STs with Congress leader Gandhi alleging that it was "in the DNA of the BJP and the RSS" to try and erase the quota system, while the government said "appropriate steps" will be taken in the matter that was being discussed at the "highest level". Under attack over the issue, the government accused the Congress of "politicising the sensitive issue".

Amidst the opposition attack, Social Justice and Empowerment Minister Thaawarchand Gehlot during his statement in both the Houses of Parliament had made it clear that the Centre was not asked to file an affidavit in the matter.

(This story has not been edited by Devdiscourse staff and is auto-generated from a syndicated feed.)

Download The Devdiscourse News App for Latest News.



Top 10 Fake News, Myths and Realities on 2019 Novel Coronavirus COVID 19

With nearly 1500 deaths by January 14 and around 65,000 infections in China, the Novel Coronavirus 2019 has become one of the worst health epidemics of the 21st Century. However, 8,573 people have been cured but the rumor mongers are a...

Handling fake news Infodemic in time of Coronavirus epidemic

Social media has provided a platform where everybody can disseminate his her views without any supervision. Its excellent if the message is genuine but misinformation is equally disastrous. Health is such a topic where every Tom and Harry c...

Sentiment Analysis on Budget 2020: Long shot for solution to economic worries?

Industries and individuals alike had high expectations from the government to take tangible steps but the budget 2020 seems to have failed expectations....

How can technology help the future of mobility?

More than a billion people or one-third of the global rural population lacked access to all-season roads and transport services in 2016, subsequently hindering the socio-economic development....


Latest News

Maha: Two drown in river

Two teenage boys drowned in the Kanhan river near Kamptee in Nagpur district of Maharashtra onWednesday, police said. The incident occurred in afternoon when a group ofeight teenage boys was visiting the river for a swim. Of the total four ...

No action against contractors for delay in work due to supply disruptions from China: Finmin

The government on Wednesday said contractors will not face any action if they fail to honour contractual obligation due to disruption in supplies on account of delay in shipment from novel coronavirus-hit China. An office memorandum issued ...

NIIT approves liquidation of subsidiaries NIPE, NYJL

NIIT Ltd on Wednesday said it has approved the proposal of voluntary liquidation of its wholly-owned subsidiaries NIIT Institute of Process Excellence Ltd NIPE and NIIT Yuva Jyoti Ltd NYJL. The Board of Directors of NYJL and NIPE, respectiv...

UPDATE 2-Two Iranians die after testing positive for coronavirus - official

Two Iranians have died in hospital after testing positive for the new coronavirus in the holy Shiite city of Qom, the head of the citys University of Medical Sciences told Mehr news agency on Wednesday.Two Iranians, who tested positive earl...

Give Feedback