How, what next in Raje’s quota gambit

Source: Indian Express

What is the background reservation for Economically Backward Classes (EBCs) in Rajasthan?

Fourteen per cent reservation for economically weaker sections among the forward castes was first

floated by the Ashok Gehlot-led Congress government in 2003. The government had forwarded the

proposal to the Atal Bihari Vajpayee-led NDA government at the Centre for implementation, since it

required a constitutional amendment.

With elections due that year in three states, and Lok Sabha elections scheduled the following year, the

BJP made serious efforts on its own for an EBC quota. Barely four days after the Gehlot cabinet’s

decision, a panel of senior BJP leaders led I. K Advani proposed the setting up of a national commission

within a week to look into the possibility of reservations for EWS among the forwards. However, the

Centre did not pursue the matter further, reportedly after Vajpayee was advised by Attorney General

Soli Sorabjee that quota for upper caste EWS was not constitutionally tenable.

In 2008, the Vasundhara Raje government passed the Rajasthan SC, ST, BC, SBC and EBC (Reservation of

Seats in Educational Institutions in the State and of Appointments and Posts in Services under the State)

Act, providing for 5% reservation to Gujjars, Banjaras, Raikas, Gadarias and Gadia Lohars, and 14% to the

poorer sections among forward castes. However, the implementation of the act was stayed by the High

Court in 2010.

In 2012, the Ashok Gehlot government attempted to give 5% reservation to the Special Backward

Classes (Gujjars and four other communities). In January 2013, the High Court retained 1% reservation

and stayed 4%.

Earlier this month, the Vasundhara Raje cabinet cleared two draft laws providing for reservations in

state government jobs to SBCs and EBCs, which include poorer sections among forward castes.

Following a 10-day Gujjar agitation, the government had on May 28 promised to bring the two laws.

What is likely to happen now?

Unlike the earlier attempt, the Raje government has this time piloted two separate Bills through the

Assembly, one each for SBC and EBC quota. The government hpes that the SBC Act would be able to

withstand judicial scrutiny, on the grounds of additional quota under exceptional circumstances – a

point argued by senior lawyer Indira Jaising while defending the state government’s 2012 Act. The EBC

Bill, however, has a slim chance of survival. Articles 330-342 under Part 16 of the Constitution outline

special provisions for certain classes. The Constitution identifies four such classes – SCs, STs, Backward

Classes and Anglo Indians – and the insertion of new classes like EBCs are likely to be deemed illegal,

experts say.

The state government could request the Centre to insert the two new quota Acts in the Ninth Schedule,

thus shielding them from judicial scrutiny. However, the Supreme Court, in I R Coelho State of Tamil

Nadu, ruled that laws that violated the basic structure of the Constitution would be open to judicial

review, including any law added to the Ninth Schedule after April 24, 1973.

An options before the government could be to subdivide the OBC into different lists, and provide

differential reservations, similar to what states like Haryana have done. However, the Jats – most

dominant among the OBCs – would strongly oppose such a step.