VIJAYAWADA: The Andhra Pradesh legislature on Saturday unanimously passed the Kapu (reservation of seats in educational institutes and posts in services under the State), Bill, 2017, to extend 5 per cent reservation to Kapus under the backward classes (BCs) category.However, the Act will not provide the Kapus reservation in political positions in AP. Prior to introducing the Bill, the State Cabinet, which met in Velagapudi on Saturday morning, gave its nod for the Bill.
Addressing the AP Legislative Assembly and Council separately, Chief Minister N Chandrababu Naidu said he himself gave the assurance to extend BC reservation to the Kapus, Telagas, Balijas and Ontaris during his Padayatra before the 2014 elections. “No one told me to announce reservations for the Kapus. But I observed their condition and put the issue in the TDP election manifesto and now I have embarked on fulfilling my promise,” he said.
In the same breath, Naidu also said that this move will not cause any harm to the BCs and allayed their fears saying that the government created a separate category BC (F) for Kapus for extending reservations. Stating that BCs are the backbone of the TDP, he asserted that the question of neglecting BCs will never arise.
Recalling that several leaders mounted pressure on him to issue a GO for extending BC reservations to Kapus, the Chief Minister said that he put in sincere efforts to ensure that his assurance given to the Kapus did not face any hurdle from courts.
He said the BC Commission headed by Justice Manjunath was formed in Jan 2016. It studied the Smart Pulse Survey and data from various resources. It also analysed the condition of the Kapus and recommended to the government to extend 4 to 5 per cent reservation for the community. The commission looked into all the required data, analysed social and other conditions of the Kapu community, he explained, adding that the government decision was based on the majority opinion of the panel.
What next? Governor must forward it to Centre
The Bill unanimously passed by both AP Legislative Assembly and Legislative Council will be sent to the Centre through State Governor seeking amendment to Schedule IX of the Indian Constitution. As the reservation crosses 50 per cent with the extension of 5 per cent reservation to Kapus, amendment of the Constitution by the Centre is mandatory as Supreme Court guidelines do not allow reservations of more than 50 per cent.
The apex court, in its judgment in Indira Sawhney Vs. Union of India, observed that the reservations may cross/exceed 50 per cent in appointments or posts when there is a reasonable case for exceeding the limit and the same shall be substantiated with the existence of extraneous circumstances for such an act.