NEW DELHI: In an attempt
to reach out to the Dalit vote and regain some political initiative in
Parliament, the government will try to pass a constitutional amendment
bill aimed at securing unfettered reservation in promotion for scheduled
castes and tribes in Rajya Sabha on Wednesday.
The bill's passage, however, hangs in suspense as BJP - whose support is crucial for a constitutional amendment - is not keen on calling off its protests over Coalgate that have paralysed Parliament. BJP plans to open it cards on the floor of the House.
The bill's passage, however, hangs in suspense as BJP - whose support is crucial for a constitutional amendment - is not keen on calling off its protests over Coalgate that have paralysed Parliament. BJP plans to open it cards on the floor of the House.
The
Union Cabinet on Tuesday morning okayed in a jiffy the proposed change
in the Constitution to undo a Supreme Court ruling that put a spanner in
the "promotion quota" by requiring states to prove with quantifiable
data that SCs and STs are backward and inadequately represented in
services in order to avail the quota.
The constitutional amendment's success hinges on BJP's support and tranquility in the upper House as a constitutional amendment has to be put to vote, requiring the presence of at least 50% of members and a two-thirds " yes" vote.
The BJP leadership met on Tuesday evening to consider its stance, but the party is under pressure to support a politically correct bill which, however, sits at odds with its instincts. The government's move is intended to force BJP to lift its siege of Parliament over Coalgate while delivering Congress brownie points on the Dalit front.
The pressure of Dalit opinion was intense with BSP chief Mayawati calling on BJP leaders Sushma Swaraj and Arun Jaitley to seek their backing for the amendment to the Constitution.
Parliamentary affairs minister Pawan Bansal said it will be up to parties, particularly those who supported the move at an all-party consultation called by Prime Minister Manmohan Singh, to vote for the bill.
The decision to move the bill first in Rajya Sabha seems linked to the smaller number of nine Samajwadi Party MPs compared with 22 in Lok Sabha. SP boss Mulayam Singh Yadav has vehemently opposed the bill and Congress managers are wary of the party's capacity to disrupt proceedings. If the bill is passed, it will be taken to the Lok Sabha on Thursday.
Bansal justified plans for a quick vote without discussion, saying the House needs to consider just a four-line amendment and that the Bill need not go to a standing committee. In the case of the quota in promotions bill, all but SP are backing the proposal.
The legislation seeks to replace Article 16(4A), which enables the state to provide promotion quota for SC/STs, with a new formulation that would render irrelevant the need to prove backwardness and inadequate share in services.
The amendment also seeks to insulate 'promotion quota' from the effects of Article 335 that says quota policies should not adversely impact the efficiency of administration.
The amended 16 (4A) would come into force from June 17, 1995, to ensure that promotions effected in the past remained unaffected by the SC order in the Nagaraj case in November 2006 as well as the ruling in April this year. The ruling set out the need for states to justify promotion quota by evidence of inadequate representation and backwardness of beneficiaries.
The revised article, cleared by the Cabinet, reads: "Notwithstanding anything contained elsewhere in the Constitution, the SCs and STs notified under Articles 341 and 342 shall be deemed to be backward and nothing in this article or in article 335 shall prevent the State from making any provision for reservation in matters of promotions, with consequential seniority, to any class or classes of posts in the services under the State in favour of SC/STs to the extent of the percentage of reservation provided to SC/STs in the services of the state."
The existing version of the Article speaks about promotion quota for SC/STs that the state thinks are not adequately represented.
The trans-partisan endorsement was cited in the meeting of the Union Cabinet which approved the significant measure without the semblance of a discussion. "Our job is to introduce it in Parliament and seek its passage," the PM is learnt to have remarked at the meeting.
Dalits and tribals have strongly campaigned for legal protection against SC's orders on promotion quota, with BSP leader Mayawati outreach to BJP asking it to suspend protests in Rajya Sabha to allow the bill a smooth passage.
The apex court order in April, dubbing the three conditions as indispensable for quota in job elevation, triggered a polarizing political debate with Mayawati imploring the Centre to neutralise it.
Following the cabinet decision, SP general secretary Ramgopal Yadav said the UPA cabinet's decision flies in the face of judicial orders and was an attempt by Congress to divert attention from Coalgate. "We will oppose it inside and outside the parliament," he threatened.
The Centre took the radical step while flagging to the cabinet that the Attorney General had given three adverse opinions since 2007 when apex court's Nagaraj judgement ruled promotion quota was not absolute, but caveated by conditionalities.
The top court reiterated the Nagaraj spirit this April by setting aside promotions in Uttar Pradesh as not fulfilling the mandatory conditions.
In the latest opinion this month, the AG warned that observations in the Nagaraj case related to the basic structure of the constitution and any amendment seeking to overturn them would be legally vulnerable.
The cabinet decision to rewrite Article 16 (4A) met the full-throated support of dalit outfits like Mayawati's BSP, Ram Vilas Paswan's LJP, National Commission for SCs chaired by PL Punia, and various regional parties.
But skeptics abound who felt the fate of the constitutional amendment would be tested in a legal challenge that was inevitable.
Times View
Caste-based reservations, particularly those for dalits and tribals, have undoubtedly had a role to play in correcting historical wrongs and giving communities that have been oppressed for centuries a chance to attain some measure of equality. Yet, when reservations are used as a tool for political signalling that is in most cases misleading, they become counter-productive. Quotas at the entry level are one thing, guaranteeing promotions through reservations is quite another. Not only does this act counter to the principle of equity while pretending to serve it, efficiency of government services too is likely to be adversely affected. If governments are genuinely concerned about the welfare of dalits and tribals, they can do much more than merely providing reservations in government jobs and promotions.
The constitutional amendment's success hinges on BJP's support and tranquility in the upper House as a constitutional amendment has to be put to vote, requiring the presence of at least 50% of members and a two-thirds " yes" vote.
The BJP leadership met on Tuesday evening to consider its stance, but the party is under pressure to support a politically correct bill which, however, sits at odds with its instincts. The government's move is intended to force BJP to lift its siege of Parliament over Coalgate while delivering Congress brownie points on the Dalit front.
The pressure of Dalit opinion was intense with BSP chief Mayawati calling on BJP leaders Sushma Swaraj and Arun Jaitley to seek their backing for the amendment to the Constitution.
Parliamentary affairs minister Pawan Bansal said it will be up to parties, particularly those who supported the move at an all-party consultation called by Prime Minister Manmohan Singh, to vote for the bill.
The decision to move the bill first in Rajya Sabha seems linked to the smaller number of nine Samajwadi Party MPs compared with 22 in Lok Sabha. SP boss Mulayam Singh Yadav has vehemently opposed the bill and Congress managers are wary of the party's capacity to disrupt proceedings. If the bill is passed, it will be taken to the Lok Sabha on Thursday.
Bansal justified plans for a quick vote without discussion, saying the House needs to consider just a four-line amendment and that the Bill need not go to a standing committee. In the case of the quota in promotions bill, all but SP are backing the proposal.
The legislation seeks to replace Article 16(4A), which enables the state to provide promotion quota for SC/STs, with a new formulation that would render irrelevant the need to prove backwardness and inadequate share in services.
The amendment also seeks to insulate 'promotion quota' from the effects of Article 335 that says quota policies should not adversely impact the efficiency of administration.
The amended 16 (4A) would come into force from June 17, 1995, to ensure that promotions effected in the past remained unaffected by the SC order in the Nagaraj case in November 2006 as well as the ruling in April this year. The ruling set out the need for states to justify promotion quota by evidence of inadequate representation and backwardness of beneficiaries.
The revised article, cleared by the Cabinet, reads: "Notwithstanding anything contained elsewhere in the Constitution, the SCs and STs notified under Articles 341 and 342 shall be deemed to be backward and nothing in this article or in article 335 shall prevent the State from making any provision for reservation in matters of promotions, with consequential seniority, to any class or classes of posts in the services under the State in favour of SC/STs to the extent of the percentage of reservation provided to SC/STs in the services of the state."
The existing version of the Article speaks about promotion quota for SC/STs that the state thinks are not adequately represented.
The trans-partisan endorsement was cited in the meeting of the Union Cabinet which approved the significant measure without the semblance of a discussion. "Our job is to introduce it in Parliament and seek its passage," the PM is learnt to have remarked at the meeting.
Dalits and tribals have strongly campaigned for legal protection against SC's orders on promotion quota, with BSP leader Mayawati outreach to BJP asking it to suspend protests in Rajya Sabha to allow the bill a smooth passage.
The apex court order in April, dubbing the three conditions as indispensable for quota in job elevation, triggered a polarizing political debate with Mayawati imploring the Centre to neutralise it.
Following the cabinet decision, SP general secretary Ramgopal Yadav said the UPA cabinet's decision flies in the face of judicial orders and was an attempt by Congress to divert attention from Coalgate. "We will oppose it inside and outside the parliament," he threatened.
The Centre took the radical step while flagging to the cabinet that the Attorney General had given three adverse opinions since 2007 when apex court's Nagaraj judgement ruled promotion quota was not absolute, but caveated by conditionalities.
The top court reiterated the Nagaraj spirit this April by setting aside promotions in Uttar Pradesh as not fulfilling the mandatory conditions.
In the latest opinion this month, the AG warned that observations in the Nagaraj case related to the basic structure of the constitution and any amendment seeking to overturn them would be legally vulnerable.
The cabinet decision to rewrite Article 16 (4A) met the full-throated support of dalit outfits like Mayawati's BSP, Ram Vilas Paswan's LJP, National Commission for SCs chaired by PL Punia, and various regional parties.
But skeptics abound who felt the fate of the constitutional amendment would be tested in a legal challenge that was inevitable.
Times View
Caste-based reservations, particularly those for dalits and tribals, have undoubtedly had a role to play in correcting historical wrongs and giving communities that have been oppressed for centuries a chance to attain some measure of equality. Yet, when reservations are used as a tool for political signalling that is in most cases misleading, they become counter-productive. Quotas at the entry level are one thing, guaranteeing promotions through reservations is quite another. Not only does this act counter to the principle of equity while pretending to serve it, efficiency of government services too is likely to be adversely affected. If governments are genuinely concerned about the welfare of dalits and tribals, they can do much more than merely providing reservations in government jobs and promotions.
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