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

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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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LK Advani, 98, hospitalised in Delhi with chest infection

Veteran BJP leader LK Advani, 98, has been admitted to Delhi’s Indraprastha Apollo Hospital with a chest infection. Hospital officials said his condition was stable.

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Veteran Bharatiya Janata Party (BJP) leader and former Deputy Prime Minister Lal Krishna Advani has been admitted to Indraprastha Apollo Hospital in Delhi with a chest infection. Hospital officials have said that his condition is stable.

The 98-year-old leader was brought to the hospital at around 7.30 pm on Friday, October 16, and admitted to its pulmonary department. He is receiving treatment and remains under observation by a team of doctors, with medical tests underway.

LK Advani’s recent hospitalisation

Advani was previously admitted to Apollo Hospital in May 2026 because of age-related health complications. He remained under medical care for a few days before being discharged, according to the report.

In December 2024, the veteran BJP leader was admitted to the intensive care unit (ICU) at Indraprastha Apollo Hospital for medical management and investigations. He received treatment under the supervision of a neurologist, and the hospital had described his condition as stable at the time.

On December 17, 2024, the hospital reported gradual improvement and indicated that he was likely to be moved out of the ICU within the next one to two days.

Advani’s political career

Advani has been a prominent figure in the BJP’s rise in Indian politics. He served as the party’s president on multiple occasions and played a significant role in expanding its organisational presence.

His 1990 Ram Rath Yatra became a major event in the country’s political history. He later served as Union Home Minister and was India’s Deputy Prime Minister from 2002 to 2004 in the government led by Atal Bihari Vajpayee.

In recognition of his contribution to public life, Advani was awarded the Bharat Ratna, India’s highest civilian honour, in 2024. He had previously received the Padma Vibhushan in 2015.

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Mallikarjun Kharge seeks all-party meeting with PM Modi on delimitation

Congress president Mallikarjun Kharge has written to Prime Minister Narendra Modi for the fourth time, seeking an all-party meeting on delimitation. He also flagged the 64-day delay in proroguing Parliament’s Monsoon Session.

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Congress president Mallikarjun Kharge has renewed his demand for an all-party meeting with Prime Minister Narendra Modi to discuss the government’s proposed delimitation exercise, arguing that political parties must have adequate time to examine the proposals before they are finalised for consideration in Parliament.

In a letter to the prime minister on Friday, October 16, Kharge also raised concerns over what he described as an unprecedented delay in formally proroguing Parliament’s Monsoon Session. He said 64 days had passed since the session was adjourned sine die on August 13, while both Houses were yet to be prorogued.

Kharge seeks wider consultations on delimitation

Kharge said he had first written to Modi on April 11, requesting an all-party meeting before the government introduced a constitutional amendment bill concerning delimitation.

According to the Congress president, the government did not convene the requested meeting before making the bills public late on April 14 and calling a special session of Parliament on April 16.

The constitutional amendment bill on delimitation subsequently failed to secure the required two-thirds majority in the Lok Sabha on April 17.

Kharge said he had again written to the prime minister on July 16 and August 27, reiterating his demand for consultations. In his latest letter, he made the request for the fourth time, asking the government to discuss its revised proposals with political parties before finalising them for parliamentary consideration.

The Congress chief stressed that political parties should receive sufficient time to discuss the proposals among themselves and with other stakeholders.

He also cautioned the government against attempting to push through another far-reaching constitutional amendment without adequate deliberation.

Congress raises concern over Parliament session

Apart from delimitation, Kharge highlighted the delay in proroguing the Monsoon Session, which was adjourned sine die on August 13.

He described the 64-day gap as unprecedented and linked the issue to concerns about possible government plans to bring fresh delimitation proposals before Parliament.

Prorogation formally ends a parliamentary session. Kharge’s letter raised the issue while urging the government to ensure wider political consultation before proceeding with any new legislative proposals.

Jairam Ramesh shares Kharge’s letter

Congress general secretary for communications Jairam Ramesh also drew attention to the letter by sharing it on X.

Ramesh said Kharge had written to Modi about the delay in proroguing the Monsoon Session and the possibility of further government moves on delimitation.

The Congress’s latest demand centres on securing time for political parties to examine the government’s proposals before they are finalised for consideration in Parliament.

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CJP leaders Saurav Das, Ashutosh Ranka, Ajinkya Shinde sent to 5-day judicial custody

Three CJP leaders, Saurav Das, Ashutosh Ranka and Ajinkya Shinde, were placed under preventive arrest following a protest at Delhi’s Jantar Mantar over Chief Election Commissioner Gyanesh Kumar.

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Three leaders of the Cockroach Janata Party (CJP) — Saurav Das, Ashutosh Ranka and Ajinkya Shinde — have been placed under preventive arrest in connection with a protest at Delhi’s Jantar Mantar, where demonstrators demanded the resignation of Chief Election Commissioner Gyanesh Kumar.

The three were detained early Tuesday after crossing police barricades and entering Jantar Mantar, which was recently removed from the list of designated protest venues. A case was registered against them over their alleged actions.

According to the police case, the charges include trespassing, violation of a bond, and obstructing a public official from performing official duties.

The three leaders were produced before a Special Court of the Executive Magistrate on Wednesday and could be sent to judicial custody at Tihar Jail.

Why CJP leaders protested at Jantar Mantar

The protest comes amid demonstrations by the CJP and opposition groups over alleged irregularities in the Special Intensive Revision (SIR) of electoral rolls.

The protesters were demanding the resignation of Chief Election Commissioner Gyanesh Kumar. The controversy centres on allegations concerning the electoral roll revision exercise, which the Election Commission and the BJP have denied.

Jantar Mantar was recently removed from the list of designated protest venues in Delhi. The change followed an order naming alternative locations for demonstrations, prompting criticism from groups that want to hold protests at the established site.

CJP legal team raises concerns over detention

Ratna Singh, head of the CJP legal team, said in a post on X that Delhi Police had arrested Saurav Das, Ashutosh Ranka and Ajinkya Shinde at Parliament Street Police Station in connection with the Jantar Mantar case.

Singh alleged that the three were brought to the police station in a private van at around 3 am and were not allowed to meet their lawyers until late at night.

She also raised concerns about the legal process and the possibility of the leaders being sent to judicial custody.

The allegations regarding access to legal counsel were made by the CJP legal team and should be distinguished from the charges registered by the police.

The arrests mark another development in the ongoing dispute over protests at Jantar Mantar and the CJP’s campaign against the Chief Election Commissioner over the SIR exercise.

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