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Is the Bill for 10 per cent reservation for general category a ‘jumla’?

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7 years ago

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Is the Bill for 10 per cent reservation for general category a ‘jumla’?

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The first part of this piece covers the political compulsions of the government in introducing the Bill and the reasons for the Opposition to back it.

But there are real doubts and questions, not the least of them being whether Modi’s “landmark moment in nation’s history” does mean anything at all.

Questions about the Bill

Would it make any difference? To begin with, the criteria for ‘poor’ – urban house less than 1000 square feet, annual income less than Rs 8 lakh, land less than 5 acres – would include more than 90 per cent of the population.

By any estimate, more than 10 per cent of this category manage to bag jobs even without reservation. So, does this reservation result in any real gain to this category? The real question is, are there any jobs to be had? Last reports said over 1.1 crore jobs were lost in 2018. It would appear that the government’s main intention is to deflect criticism at its failure to provide jobs.

How did the government come up with the ‘10 per cent’ for quota?

Was there any survey to determine the number of persons who fit the criteria fixed for ‘poor’?

Is there any data about number of such ‘poor’ not getting jobs?

How would the government determine cases where the income goes up or decreases, or fluctuates?

The answer is no. This is just a move done without any thought, just because it seemed like a grand idea at the moment. Leap first, look later – as in the case of demonetisation.

In fact, a likely (positive?) impact of this move would be on those upper caste people who keep railing against reservation for dalits and backward classes: it would shut them up.

Legality of the move

Further, while the government goes around claiming to have insulated the Bill from being struck down by judiciary by changing the Constitutional provisions, serious questions have been raised about this.

Former Chief Justice of India AM Ahmadi, who was part of the landmark 1992 Mandal Commission verdict, which capped reservation at 50 per cent, told The Indian Express (IE) that the BJP-ruled government’s move is “directly in conflict” with the Supreme Court judgment on reservations.

Justice Ahmadi was part of the nine-judge Constitution bench headed by then Chief Justice MN Venkatachaliah in the Indra Sawhney vs Union of India case, which settled the legal position on reservations. The 6:3 majority verdict held that reservation, being an extreme form of protective measure or affirmative action, should be confined to a minority of seats. “Even though the Constitution does not lay down any specific bar but the Constitutional philosophy being against proportional equality the principle of balancing equality ordains reservation, of any manner, not to exceed 50 per cent,” the majority view had said.

Ahmadi said that the apex court’s 50 per cent ceiling was to ensure that “reservations are not introduced, and the limit increased, only for election purposes”.

Also Read: Modi govt approves 10 per cent quota for economically weak in general category

Ahmadi pointed out that the 6:3 majority judgment of the nine-judge bench said that economic criterion cannot be the sole basis for determining the backward class of citizens contemplated by Article 16 of the Constitution.

The Constitution bench had held that “Economic backwardness may give jurisdiction to state to reserve provided it can find out mechanism to ascertain inadequacy of representation of such class. But such group or collectivity does not fall under Article 16 (1).”

Asked if the government’s decision to exceed the 50 per cent ceiling was legally valid, Justice Ahmadi said: “The judgment clearly mentions that reservations should not exceed 50 per cent. The Supreme Court had put a cap so that reservations are not introduced, and the limit increased, only for election purposes. With this decision, now what remains is just 40 per cent.”

Writing in IE, Vice chancellor, NALSAR University of Law, Hyderabad, Faizan Mustafa, held that the Bill is likely to be struck down by the SC.

He said that the apex court has laid down in categorical terms that reservation solely on the basis of economic backwardness, that is without evidence of historical discrimination, finds no justification in the Constitution. A nine-judge bench in Indra Sawhney had ruled that reservation is a remedy for historical discrimination and its continuing ill-effects. The court also said that reservation is not aimed at economic uplift or poverty alleviation. Economic backwardness is to be on account of social backwardness.

The backwardness mentioned under Article 16(1) must be the backwardness that is both the cause and consequence of non-representation in the state administration. It has to be backwardness of the whole class, not of some individuals, said Faizan Mustafa. The economic criterion will thus lead, in effect, to the virtual deletion of Article 16(4) from the Constitution. Hence, economic backwardness has to be on account of social backwardness under Article 16(4).

Moreover, the move upsets the 50 per cent cap imposed by the SC on reservation. Justice Thommen in Indra Sawhney said that “any attempt to over-emphasise its compensatory aspect and widen the scope of reservation beyond ‘minority of posts’ is to practice excessive and invidious reverse discrimination”.

BR Ambedkar in his speech in the Constituent Assembly on November 30, 1948, explicitly said that equality of opportunity would require that reservation should be for the “minority of the seats” and only in favour of “backward classes who had not so far had representation in the state”.

The weaker sections as mentioned in Article 46 are a genus of which the backward class of citizens mentioned in Article 16(4) constitute a species. Thus, only backward classes, and not all the weaker sections, are entitled to reservation. Caste and class are not synonymous. Class is not antithetical to caste, caste is an enclosed class. Ambedkar, at the time of the first amendment, which inserted clause 4 in Article 15, told Parliament that “backward classes are nothing else but a collection of castes”. Class here is social class. Thus, economic backwardness must be the result of social backwardness.

Read Part 1: Modi govt’s Bill for 10 pc quota to general category poor may be passed, but is it just a jumla?

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Rahul Gandhi attacks Centre ahead of Vladimir Putin’s India visit

Rahul Gandhi alleged that the government discourages visiting foreign dignitaries from meeting Opposition leaders, calling it a sign of “insecurity,” hours before Russian President Vladimir Putin arrives in Delhi.

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1 day ago

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December 4, 2025

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Rahul Gandhi

As Russian President Vladimir Putin arrives in Delhi today for the India-Russia Annual Summit, Leader of the Opposition Rahul Gandhi has renewed his charge that the Centre discourages visiting foreign leaders from meeting Opposition representatives. He called it a sign of “insecurity” within the government.

Rahul Gandhi alleges break in long-followed tradition

Speaking outside Parliament, Rahul Gandhi said that it has traditionally been the norm for visiting foreign leaders to meet the Leader of the Opposition, a practice he claims continued during the tenures of Atal Bihari Vajpayee and Manmohan Singh.

He alleged that the present government advises foreign dignitaries against such meetings. “When foreign leaders come, the government suggests they should not meet the Leader of the Opposition. This is their policy,” Gandhi said. He added that a meeting with the Opposition offers visiting leaders a broader perspective, as “we too represent India.”

Gandhi further stated that this approach reflects the government’s reluctance to allow engagement between the Opposition and foreign guests.

Former Foreign Secretary counters Gandhi’s remarks

Responding to Gandhi’s allegations, former Foreign Secretary and Rajya Sabha MP Harsh Vardhan Shringla said visiting leaders operate on very tight schedules and there is no protocol mandating a meeting with the Leader of the Opposition. He stressed that such interactions depend entirely on the guest’s time and preference, noting that the required meetings are those with the President and the Prime Minister.

Putin’s schedule packed with bilateral engagements

Russian President Vladimir Putin is set to land in Delhi this evening on Prime Minister Narendra Modi’s invitation. His itinerary includes:

  • A private dinner with PM Modi
  • Visit to Mahatma Gandhi’s memorial at Raj Ghat
  • Engagements at Bharat Mandapam and Hyderabad House
  • A banquet hosted by President Droupadi Murmu

The visit forms part of the 23rd India-Russia Annual Summit.

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TMC MLA Humayun Kabir suspended after Babri Mosque replica proposal sparks row

TMC suspended MLA Humayun Kabir after he proposed building a Babri mosque replica in Murshidabad, a move that drew criticism from the party and sparked political tension.

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1 day ago

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December 4, 2025

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Trinamool Congress on Thursday suspended MLA Humayun Kabir after he publicly announced plans to construct a replica of the Babri Masjid in West Bengal’s Murshidabad district. Party leaders said Kabir had earlier been cautioned for making such statements but continued to push ahead with the controversial proposal.

Kolkata Mayor Firhad Hakim said the MLA’s remarks were unacceptable, stressing that the party stood firmly by its secular stance. “We noticed that one of our MLAs suddenly declared he would build the Babri masjid. We had warned him before. As per the party’s decision, we are suspending him,” he said.

Kabir vows to continue project, may form new party

Kabir had planned to lay the foundation stone for the mosque replica in Beldanga on December 6. Sources indicated he is likely to resign from Trinamool on Friday and float a new party while continuing with the project.

The choice of date and nature of the project drew sharp criticism from the Trinamool leadership. Hakim alleged the move reflected a “divisional politics” strategy aligned with the BJP. “Why December 6? He could build a school or college. This is divisional politics,” he said.

Sources also said Chief Minister Mamata Banerjee was “hugely annoyed” by Kabir’s remarks and informed him that the party would not support or associate with such activities.

Governor raises concerns, administration on alert

West Bengal Governor Ananda Bose questioned why action was not being taken if the MLA’s statements risked creating a law-and-order issue. He said intelligence inputs suggested attempts to turn Murshidabad into a “hub of scandal,” adding that authorities would not remain silent if communal tensions were provoked.

Officials confirmed that while Kabir has permission to hold the December 6 event, the administration is maintaining a high-level alert in Murshidabad.

Minutes after his suspension, Kabir withdrew from Mamata Banerjee’s rally in the India–Bangladesh border district, where she was protesting against the Special Intensive Revision (SIR) of voter lists.

BJP attacks Kabir over remarks

BJP spokesperson Pratul Shah Deo condemned Kabir’s comments, claiming they were intended to “create communal tensions.” He said any attempt to raise structures linked to historical rulers would trigger disputes similar to the Babri Masjid conflict.

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Karnataka Power Shift: What Siddaramaiah–DK Shivakumar compromise formula means

A closer look at the emerging ‘compromise formula’ between Karnataka’s top leaders Siddaramaiah and DK Shivakumar, and how it may shape the state’s political future.

Published

6 days ago

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November 29, 2025

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A possible settlement between Karnataka Chief Minister Siddaramaiah and Deputy Chief Minister DK Shivakumar has emerged, signalling a calmer phase in the leadership tussle within the state Congress. While the final decision rests with the party leadership in Delhi, details of the so-called “compromise formula” are gradually becoming clearer.

Breakfast diplomacy calms tensions

After weeks of speculation over friction between the two top leaders, Siddaramaiah and Shivakumar met over breakfast today. The meeting, aimed at projecting unity, served as a symbolic reset after their strained ties over the chief ministership question.

Analysts believe the optics were crucial — the Congress successfully avoided a public showdown by diffusing tensions before they escalated further.

A transition of power likely, say analysts

According to political observers, the compromise indicates a strong possibility of Shivakumar taking over as Chief Minister in a smooth transition, potentially as early as March–April 2026.
For now, sources say the arrangement requires Shivakumar to continue as Deputy Chief Minister without pushing for immediate change.

In return, the formula reportedly includes more cabinet positions for leaders loyal to Shivakumar and continuation of his role as the state Congress chief. Siddaramaiah is also expected to back Shivakumar as the party’s face for the 2028 Assembly election.

Why the Congress prefers this route

Replacing Siddaramaiah abruptly would not only upset internal balance but could also weaken the party, given his stature and mass appeal. Shivakumar, despite his influence, does not have the numbers within the legislature to force a takeover, making compromise the most viable path.

Siddaramaiah has already stated that this will be his final term as Chief Minister. With his legacy secure and his position as one of Karnataka’s tallest leaders intact, he appears willing to enable a dignified transition when the time comes.

Variables that could shape the final outcome

The success of the formula depends on three key factors:

1. Trust between the two leaders

Whether Shivakumar believes Siddaramaiah will keep his word remains uncertain. Karnataka’s political history is full of last-minute shifts, giving rise to the phrase “natak in Karnataka”.

2. Decision-making by the Congress high command

Delhi’s leadership must ensure the transition happens on time and without internal resistance, especially in the run-up to the 2028 Assembly polls.

3. Caste equations and political alignment

Siddaramaiah is the strongest face of the AHINDA bloc, while Shivakumar represents the OBC Vokkaliga community. The Congress cannot afford to alienate either group, making the timing and execution of any transition extremely delicate.

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