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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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Nagaland Assembly urges Centre to withdraw Protected Area Permit regime

Nagaland Assembly unanimously passed a resolution urging the Centre to withdraw the Protected Area Permit regime, citing concerns over tourism, investment and international engagement.

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The Nagaland Legislative Assembly has unanimously passed a resolution urging the Centre to withdraw the Protected Area Permit (PAP) regime in the state, arguing that the restrictions are affecting tourism, investment, international engagement and economic opportunities.

The resolution was moved by Deputy Chief Minister and Home Minister Yanthungo Patton and was adopted through a voice vote.

PAP regime was reimposed in 2024

The Protected Area Permit regulates the entry of foreign nationals into notified areas. The regime had been relaxed in Nagaland in 2011 but was reimposed on December 17, 2024.

During the Assembly discussion, Patton said Nagaland had emerged as a peaceful destination for tourism, culture, investment, entrepreneurship and international engagement. He said these sectors were increasingly contributing to employment and livelihood opportunities, particularly for young people.

The resolution also highlighted events and initiatives such as the Hornbill Festival and the “Land of Festivals” initiative, saying they had helped showcase Nagaland and India’s cultural diversity internationally while generating economic opportunities for local communities and entrepreneurs.

Assembly links PAP restrictions to economic concerns

The state government argued that the return of the PAP regime has complicated efforts to expand international tourism, business and investment.

The Assembly resolution said the regime was creating difficulties for international tourism, business and investment, along with cultural exchanges and overseas partnerships.

However, the state maintained that relaxing the permit regime would not mean compromising national security.

The resolution assured the Centre that foreign nationals could continue to be registered, regulated and monitored through technology-based and institutional mechanisms in coordination with central agencies.

Neiphiu Rio backs review of PAP regime

Chief Minister Neiphiu Rio also participated in the debate along with Tourism and Higher Education Minister Temjen Imna Along, Industries and Commerce Advisor Hekani Jakhalu and MLA Naiba Konyak.

The legislators maintained that Nagaland’s present circumstances warranted a different approach, stressing that the state was peaceful and seeking greater opportunities in tourism, investment and other sectors.

Rio linked the demand to Nagaland’s economic aspirations and the need to create more opportunities for young people while maintaining the state’s commitment to national security.

“Security and development can go together,” Rio said.

The resolution further argued that regulations that have outlived their developmental relevance should not become barriers to employment, economic activity and Nagaland’s participation in the wider national and global economy.

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Mayawati says Akash Anand needs more maturity, rules out major BSP role

BSP chief Mayawati says nephew Akash Anand needs greater political maturity before taking on a major responsibility in the party.

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Akash Anand

Bahujan Samaj Party (BSP) chief Mayawati on Thursday said her nephew Akash Anand needs to gain greater political maturity before he can be entrusted with any major responsibility in the party.

Addressing a national-level meeting of BSP office-bearers, Mayawati said she had allowed Akash Anand to continue working within the organisation but felt that he was not yet ready to handle a significant party responsibility.

“I have allowed Akash Anand to work in the party, which is before all of you, but Akash Anand still needs to become more mature. Till then, it would not be appropriate to give him a major responsibility in the party,” Mayawati said.

Mayawati also made it clear that Akash Anand, who is the BSP’s national coordinator, would continue working in the party. However, he will not be entrusted with any major responsibility for the time being.

Mayawati refers to Kanshi Ram’s principles

Explaining her position, Mayawati referred to the principles of BSP founder Kanshi Ram.

She said Kanshi Ram had permitted members of his family and other relatives to assist with party work, but was against giving them election tickets or positions after the party came to power.

Mayawati said she was also committed to following that principle. According to her, maintaining this approach was important to protect the BSP from tactics allegedly employed by political opponents during elections.

BSP to contest elections alone

During the meeting, Mayawati also announced a major political decision concerning the BSP’s electoral strategy.

She said the party had decided to contest all elections across the country on its own, irrespective of whether they were small or major elections.

Targeting the Congress, Mayawati described it as a “strongly anti-Dalit and anti-Ambedkar” party and said the BSP would therefore fight elections independently rather than depend on other parties.

The decision was announced as Mayawati reviewed the BSP’s organisational work and discussed shortcomings with party office-bearers.

She instructed leaders at different levels to implement the party’s annual organisational activities with complete honesty and dedication.

Mayawati attacks RSS over minority rights

Mayawati also criticised the Rashtriya Swayamsevak Sangh (RSS), referring to comments made by its chief Mohan Bhagwat during his recent visit to the United States.

Bhagwat had said that a Hindu who believes there should be no Muslims in Bharat would not remain a Hindu. He had also spoken about Hindu philosophy accepting that different faiths can lead to the same truth and emphasised the idea of unity in diversity.

Mayawati, however, said there was a significant difference between the RSS’s statements and its actions.

She argued that the organisation lacked credibility when it came to issues concerning the interests and welfare of the Bahujan Samaj, reservation as a constitutional right, and the safety, dignity and religious freedom of women, Muslims and other religious minorities.

She further said that despite its long existence, the RSS had not received the recognition and respect it sought.

Mayawati invokes Ambedkar’s Constitution

The BSP chief also challenged the RSS to demonstrate its commitment to the Constitution drafted under the leadership of Babasaheb Dr Bhimrao Ambedkar.

Mayawati said that if the RSS genuinely had faith in a humanitarian, welfare-oriented and egalitarian Constitution, it should follow its principles honestly and ensure that its members did the same.

BSP reiterates focus on Bahujan Samaj

At the national meeting, Mayawati reviewed the BSP’s organisational activities, assessed its shortcomings and gave directions to office-bearers regarding the party’s future work.

She reiterated that protecting the interests of the Bahujan Samaj and bringing exploited and deprived sections to political power remained the BSP’s central mission.

Mayawati maintained that achieving political power was necessary for the party to fulfil these objectives.

Her latest remarks on Akash Anand indicate that while her nephew will remain associated with the BSP and continue working for the organisation, he will not receive a major party responsibility until she believes he has attained the required political maturity.

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Raghav Chadha marked as shifted in Punjab draft voter rolls, alleges AAP vendetta

Raghav Chadha has alleged political vendetta after his name was marked “shifted” in Punjab’s draft electoral rolls during the SIR exercise.

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Raghav Chadha

BJP Rajya Sabha MP Raghav Chadha has raised questions after his name was marked as “shifted” in Punjab’s draft electoral rolls prepared during the Special Intensive Revision (SIR) of voter lists.

Chadha, who remains a Rajya Sabha member from Punjab and has his voter registration in Mohali, alleged that the classification was not a routine clerical error and accused the Aam Aadmi Party-led Punjab government of political vendetta.

The electoral rolls currently under discussion are draft lists, with the final rolls scheduled to be published in October 2026.

Raghav Chadha questions voter list classification

Chadha said he was surprised to find his name classified as “shifted” despite being a sitting MP from Punjab.

He questioned how such a classification was made and pointed to the involvement of officials at different stages of the electoral roll revision process. According to Chadha, Booth Level Officers, Assistant Electoral Registration Officers, Electoral Registration Officers and District Election Officers are part of the process.

He alleged that these officials could potentially face political pressure because their transfers and postings are controlled by the state government.

Chadha also referred to Paragraph 4(d) of the Election Commission of India’s SIR guidelines. He said the provision requires public representatives, including MPs and MLAs, whose names are flagged in the electoral database to be included in the draft rolls so that they can participate in the claims and objections process.

He alleged that this provision was not followed in his case.

Punjab CEO seeks report on Chadha’s voter status

Punjab Chief Electoral Officer Anindita Mitra told that she was not aware of any deletion of Chadha’s name from the electoral rolls.

She said a detailed report would be sought from the district election authorities to determine whether his name had actually been deleted and, if so, the reason for the action.

Mitra also pointed out that the claims and objections process is currently underway. September 13 is the deadline for filing appeals over changes or discrepancies in the electoral rolls.

AAP rejects political vendetta allegation

The controversy has also drawn a response from the Aam Aadmi Party.

AAP leader Neel Garg rejected Chadha’s allegation, saying the party had no interest in deleting the vote of any individual. He instead alleged that the issue was being raised by the BJP and referred to the SIR exercises in Bihar and West Bengal.

Chadha joined the BJP in April 2026 along with six other AAP Rajya Sabha MPs.

The dispute comes as Punjab’s electoral rolls undergo revision ahead of the 2027 Assembly elections. Since the claims and objections process is still open, the status of Chadha’s name is subject to the ongoing electoral process.

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