Chhattisgarh CM replies to Guv questions on reservation bills

Tribal quota Bill raising reservation to 76% should now get the Governor’s go-ahead: Baghel

Chhattisgarh CM Bhupesh Baghel (File Photo | PTI)

RAIPUR: Amid the prolonged disagreement over the reservation amendment bill, Chhattisgarh Chief Minister Bhupesh Baghel on Sunday said his government has replied to 10 questions asked by Governor Anusuiya Uikey on the proposed law.

“We have responded to the queries of the Governor, though there is no such procedure (to reply) laid down in the Constitution. She insisted that until she received the responses to her questions, she would not sign the bill. We think the assent should come now,” said Baghel.

Raj Bhawan sources told this paper that the Governor’s decision would come after she was convinced by the justifications given by the state government. The special session of the state Assembly on December 2 unanimously passed and adopted by voice-vote the Chhattisgarh Public Service (ST-SC-OBC Reservation) Amendment Bill taking the quota in the state to 76% with the tribal share being raised to 32%.

In the amendment bill, the proposed quota for Scheduled Caste is 13%, Other Backward Classes (OBCs) 27% and Economically Weaker Sections (EWS) will get 4% reservations. Senior BJP leader Brijmohan Agrawal demanded the responses given to the Governor’s questions be made public. The ruling Congress, claiming that the state government had taken every technical and legal ground into consideration ahead of adopting the bill in the House, has alleged that the BJP is indulging in politics on reservation using the Raj Bhawan.

The Governor ruled out any politics behind her decision. “Only after knowing the credible details and the reasons, I will consider giving the assent,” she affirmed. A controversy has erupted in the state on what is being looked upon as a delay on the part of the governor to sign the quota bills.

The ruling Congress has accused the opposition BJP of making attempts to stop approval of the bills and has demanded quick action on the part of the governor to resolve the lingering issue of caste-based quota in the state. Critics of the proposed Bill say that even after the governor gives assent to the bill, it would be tough to implement its provisions as the Supreme Court has already put up a cap of 50% on reservations for the Scheduled Castes and Tribes, and the Other Backward Classes.

In September last year, the High Court set aside the state government’s 2012 order to raise the quota to 58% in government jobs and admissions in educational institutions. The court had said reservation exceeding the 50% ceiling was unconstitutional.

Following are the Governor’s 10 questions:

• Was the opinion of the law department taken before bringing forth the reservation amendment bill?
• Under what conditions are the reservation over 50% binding?
• The report of the quantifiable data commission (on SC-ST) should be produced. Did the government aggregate the data while preparing the bills?
• What was the situation that led to increasing the quota limit beyond 50%?
• Was there a separate provision in the law brought for the EWS reservation?
• Was any committee constituted before raising the reservation ceiling?
• Why are the ST-SC candidates not being selected for state government jobs for the sanctioned posts?
• How do the STs/SCs lag behind socially, economically and educationally?
• Any report to ensure that the efficiency of the state administration would be maintained with the reservations?
• The high court in September this year quashed 58% reservation as “unconstitutional,” how will the bill with a higher quota be defended?