Indra Sawhney case Current Affairs - 2019
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The government of Madhya Pradesh has announced the increase of the reservation quotas for the OBCs and has stated that it would also implement 10 per cent quota for the Economically Weaker Sections (EWS) under the general category.
The government has proposed to increase the reservation for OBCs from the current 14% to 27%. Madhya Pradesh already has 36% reservation for scheduled castes and tribes. The increase in the reservation for OBCs and 10% reservation for EWS will take the reservation in the state to 73%.
Since the reservations, breaches the 50 per cent cap set by the Supreme Court in the Indra Sawhney case judgement, the proposed reservation module is said to be legally untenable.
Even though states like Tamil Nadu, Andhra Pradesh have reservations breaching the cap of 50% they were implemented well before the Indra Sawhney case judgement. Earlier states like Rajasthan and Maharashtra had announced reservations exceeding 50 per cent but they couldn’t implement it.
Even the 10 per cent quota for EWS proposed by the Central government already questioned in Supreme Court, the decision of the Madhya Pradesh government is bound to face legal challenges.
The Rajasthan Assembly has passed the Rajasthan Backward Classes Amendment Bill, 2019. The bill aims to address the demands of the Gujjars who are protesting for reservations.
Features of the Bill
The features of the Rajasthan Backward Classes Amendment Bill, 2019 are:
- It provides five per cent quota in jobs and educational institutions to Gurjars, Banjaras, Gadia Lohars, Raikas and Gadaria communities.
- The communities, namely Gurjars, Banjaras, Gadia Lohars, Raikas and Gadaria are currently provided one per cent reservation under More Backward Classes (MBC).
- The Bill seeks to grant them an additional four per cent quota.
- The statement on the objective and reasons for the bill said the five castes are the most backward and required a separate reservation in government jobs and educational institutes.
- The bill increases the ceiling of creamy layer from Rs 2.5 lakh to Rs 8 lakh.
- With the 5 per cent quota for Gurjars, Banjaras, Gadia Lohars, Raikas and Gadaria communities the backward classes’ reservation in the state has increased from present 21 per cent to 26 per cent.
- The reservations in Rajasthan now crosses the 50 per cent cap on reservations set by the Supreme Court.
- To avoid the possible legal tussle the Rajasthan Assembly passed a resolution and urged the Centre to incorporate it in the 9th schedule to ensure the reservation for these communities.
The statement on the objective and reasons for the bill notes that Parliament has amended the Constitution to exceed the limit of 50 per cent laid down by the Indra Sawhney case having regard to the compelling circumstances in which Economically Weaker Sections of the society are languishing.