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

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8 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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Amit Shah praises Dharmendra Pradhan’s resignation, says Nation above post

Amit Shah hailed Dharmendra Pradhan’s resignation as Union Education Minister, saying BJP places the nation and students above any position while highlighting the government’s commitment to examination reforms.

Published

19 hours ago

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July 26, 2026

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Amit Shah

Union Home Minister Amit Shah on Saturday praised Dharmendra Pradhan’s decision to step down as Union Education Minister, saying the move reflected the Bharatiya Janata Party’s commitment to placing the nation and students above any political position.

In a post on X, Shah said that for BJP workers, the country, its youth and students are more important than any office. He described Pradhan’s resignation as an example of the party’s guiding principle of prioritising national interest over personal ambition.

Shah highlights government’s focus on exam reforms

Amit Shah said the Narendra Modi-led government respects the sentiments of students and remains committed to strengthening the examination system following concerns over alleged paper leaks.

He said the Centre has introduced strict measures to ensure severe punishment for those involved in examination paper leaks and expressed confidence that these steps would deliver justice to students who cleared the National Eligibility-cum-Entrance Test (NEET).

Praises Pradhan’s work as Education Minister

Recalling Dharmendra Pradhan’s tenure, Shah highlighted several initiatives undertaken during his time in the Education Ministry. He credited Pradhan with helping implement the National Education Policy (NEP), expanding PM SHRI schools, promoting digital education, strengthening skill development and improving coordination between industry and academic institutions.

Shah also said Pradhan worked towards making examinations more inclusive and student-centric, adding that his tenure reflected his commitment to the vision of a developed India.

Resignation follows NEET controversy

Dharmendra Pradhan’s resignation comes amid nationwide protests over alleged irregularities in the NEET examination and growing demands for accountability.

The resignation has triggered political reactions across party lines. While opposition parties have described the development as a result of sustained student protests, BJP leaders have projected it as an example of accountability and commitment to national interest.

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Centre ready for NEET debate in Parliament, Rahul Gandhi’s paper leak claims to be investigated: JP Nadda

Union Health Minister JP Nadda said the government is prepared for a detailed Parliament debate on the NEET paper leak issue and will investigate Rahul Gandhi’s allegations of multiple paper leaks over the last decade.

Published

4 days ago

on

July 22, 2026

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JP-Nadda

The Centre has reiterated its willingness to hold a detailed discussion on the NEET paper leak issue in Parliament, with Union Health Minister JP Nadda saying the government is prepared for a debate of any duration. He also said Leader of the Opposition Rahul Gandhi’s allegations of around 152 examination paper leaks over the past 10 years would be investigated.

Government open to debate of any duration

Speaking to the media on Wednesday, JP Nadda said the government has consistently supported a discussion on the paper leak issue in Parliament. He stated that the Opposition could decide the duration of the debate through the Business Advisory Committee, whether it is a short discussion or one extending to 12 or even 18 hours.

Nadda, who is also the Leader of the House in the Rajya Sabha, said the government remains fully prepared for a comprehensive discussion and urged the Opposition not to shift its position on the issue.

Rahul Gandhi’s paper leak allegations to be examined

Responding to Rahul Gandhi’s recent presentation, Nadda said the Congress leader referred to nearly 150 paper leak incidents over the last decade. He described those claims as a matter that requires investigation and said the government would examine the allegations before presenting the facts to the public.

According to Nadda, a responsible government is committed to verifying such claims and ensuring that the truth is established through due investigation.

Calls for a united approach on NEET issue

Highlighting the significance of the matter, Nadda said the future of students should remain the top priority for both the government and the Opposition. He appealed to political parties to work together in finding a long-term solution to prevent examination irregularities.

He added that safeguarding the interests of students is a shared responsibility and called for constructive cooperation instead of political differences.

Nadda on meeting with CJP representatives

The Union Minister also spoke about his recent interaction with representatives of the Cockroach Janata Party (CJP). He said the meeting was held in a cordial atmosphere, during which the government listened to their concerns and asked them to submit their suggestions in writing.

Nadda said the government remains open to further discussions whenever required and clarified that no meeting with the group was held on Wednesday.

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Opposition demands Dharmendra Pradhan’s resignation before NEET discussion in Parliament

The Opposition has demanded Union Education Minister Dharmendra Pradhan’s resignation before any discussion on the NEET paper leak in Parliament, while the Centre says it is fully prepared for a debate.

Published

4 days ago

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July 22, 2026

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The political deadlock over the NEET paper leak issue continued in Parliament on Wednesday, with Opposition parties demanding the resignation of Union Education Minister Dharmendra Pradhan before any discussion takes place. The Centre, however, maintained that it is fully prepared to debate the matter during the ongoing Monsoon Session.

Leading the Opposition in the Rajya Sabha, Congress president Mallikarjun Kharge said there could be no fair discussion on the NEET issue unless Dharmendra Pradhan resigned from his post.

Centre rejects Opposition’s condition

Responding to the Opposition’s demand, Leader of the House JP Nadda said the government was not avoiding a discussion and remained open to debating all issues, including the alleged NEET paper leak.

He said the government had already made its position clear and described it as transparent, adding that it was willing to discuss every matter raised by the Opposition.

Parliamentary Affairs Minister Kiren Rijiju also reiterated that the Centre had been ready for discussions since the beginning of the Monsoon Session. He said the government had consistently conveyed its willingness to debate the NEET issue and other important matters.

Rijiju added that if the Opposition was looking for reasons to avoid a discussion, it would not be appropriate. According to him, the procedure and timing of the debate would be decided after consultations among all parties under the Chair’s guidance.

Opposition maintains resignation demand

The government also informed the House that its willingness to discuss the issue had been communicated to Congress leaders and representatives of other political parties.

Samajwadi Party chief Akhilesh Yadav echoed the Opposition’s stand, saying students were seeking the resignation of the Education Minister before any discussion. He asserted that the resignation should come first, followed by parliamentary debate on the issue.

Akhilesh Yadav also joined Rahul Gandhi and other Opposition MPs during a march towards the Prime Minister’s residence in New Delhi on Tuesday as part of the protest over the NEET controversy.

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