EWS quota verdict charges up Opposition

Nitish demands removal of 50% reservation cap, caste census; TN CM Stalin wants an all-party meet
Bihar CM Nitish Kumar. (Photo | PTI)
Bihar CM Nitish Kumar. (Photo | PTI)

NEW DELHI: A day after the Supreme Court upheld the 10 per cent reservation for Economically Weaker Sections (EWS) in educational institutions and government jobs, Bihar Chief Minister Nitish Kumar sought the removal of the 50 per cent cap on reservations and revived his demand for a nationwide caste survey.

“The SC ruling was fair enough. We were always in support of the quota. However, it is high time that 50 per cent should be increased. The cap is depriving OBCs and EBCs of opportunities in proportion to their population,” he said.

Reiterating his demand for a countrywide caste census, he said that there should be a rethinking on the caste census. The Union government is yet to clarify its position on conducting a nationwide caste census. “We were told that states could hold such headcounts. We have undertaken that exercise. But this needs to be done on the national level as well,” said Kumar.

Though Congress welcomed the verdict, its ally in Tamil Nadu, DMK, said that it would file a review petition in the Supreme Court. “The verdict hits at the heart of equality enshrined in the Constitution,” said a party statement, describing the verdict as a setback for the century-old struggle for social justice. Chief Minister M K Stalin also called for an all-party meeting on November 12 to discuss further courses of action. A statement from the CMO said that a letter was sent to all the legislative party leaders.

“A constitutional amendment was passed by the Union government in 2019 to provide 10% reservation in education and employment to the economically backward classes. Hon’ble Supreme Court on 7 11-2022 has ruled that 10% reservations will go to economically backward advanced classes in a case filed against this reservation act. As this system of reservation is against social justice and equality and against the principle of social justice, to discuss and decide the next steps to be taken in this regard with all the party leaders of the Assembly, on 12-11-2022 (Saturday) at 10:30 am at the Chief Secretariat,” read the statement.

Meanwhile, the Communist Party of India (CPI) said that the SC verdict should be referred to a full bench for review as it creates apprehensions. In a statement, the Left party said the judgment has brought to the fore “pertinent questions” about its impact on reservation for Scheduled Caste, Scheduled Tribe and Other Backward Classes in the absence of caste census, non-availability of data and criteria to determine the economically weaker sections of forward castes. “The judgment has created apprehensions with several political parties and social movements demanding that the judgment be referred to a larger constitution bench of the Supreme Court for clarification and constitutional merit of the judgment.

The party also stressed that the legislative intent behind reservation was not poverty alleviation, but affirmative action for historically discriminated and deprived sections of society. “CPI demands that a full bench of the Supreme Court review the present judgment. The legislative intent behind reservation was not poverty alleviation but affirmative action for historically discriminated and deprived sections of our society,” the party said.

It also said that at a time when privatisation is being “aggressively pursued” by the present government, the fight for reservation in the private sector must continue with even greater strength. “Refer the SC verdict on reservation for EWS to the full bench,” it said. In Tamil Nadu, Viduthalai Chiruthaigal Katchi (VCK) founder Thirumavalavan said that the party will file a curative petition in the SC, challenging the verdict.

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