BENGALURU: The state government on Friday decided to accept the Justice Nagamohan Das Committee’s recommendation on increasing the reservation for Scheduled Castes (SC) from 15 per cent to 17 per cent and Scheduled Tribes (ST) from 3 to 7 per cent. A special cabinet meeting has been called on Saturday to accept the committee’s recommendation. The changes will not adversely impact other communities, Chief Minister Basavaraj Bommai said on Friday.
After chairing an all-party meeting, where it was unanimously decided to accept the committee’s report, Bommai said that it was a long-pending demand. “After this comprehensive report was submitted two years ago, some judgements on reservation have been passed by various courts. We constituted the Justice Subhash Adi committee to look into the report and also the new court orders.
It recommended increasing the 50 per cent limit on reservation as mentioned in the Indra Sawhney’s case where the Supreme Court has pointed out that increasing reservation in special, extra-merit cases can be considered. We are studying reports from both committees and taking all communities into confidence. We have decided to increase the reservation for SC/STs,” he said.
Law Minister JC Madhu Swamy said after the cabinet approves the committee report, it will be placed before the Assembly. “We will discuss in the cabinet as to how to bring it before the House... whether to pass a bill or a resolution,” he added.
Karnataka is borderline case on reservation, says law minister
On the delay in implementing the committee report, Law Minister JC Madhu Swamy said Karnataka is a borderline case on reservation. “If we cross the 50 per cent limit, it will go against the Supreme Court order. It is difficult to increase the SC/ST reservation under present circumstances, unless we reduce the 6 per cent from the OBC quota. But that is not acceptable. If we want to go beyond the limit, Schedule 9 of the Constitution needs to be amended. Since it comes within the legal ambit, it cannot be done immediately. It is not in our hands alone,” he explained. But he hinted that if the 50 per cent limit is increased it could impact the general category.
Bommai said the issue had been discussed with BJP senior leaders. Also, the BJP core committee on Friday passed a resolution to increase the reservation for SC/STs. “There is a feeling that within SC/STs, justice has not been done to many. In the coming days, decisions on internal reservation among SC/STs will be taken after consultations with experts and leaders of all parties, and also to ensure that no injustice is done to society, “ he added.
Referring to Tamil Nadu, he said in a 2007 judgement on Schedule 9, the SC stated that in case of any infringement of fundamental rights, legal immunity may be given. When the Land Reforms Act came into West Bengal in 1950, the apex court abolished it. Later, it was brought into force in the form of Schedule 9 by considering it as a fundamental right. “This is applicable not only for reservation, but also other issues. Since 1994, this concession has been given. Till now, no verdict has come out in this regard,” he added.
PRESSURE CENTRE TO UP QUOTA, SIDDU TELLS GOVT
Leader of Opposition Siddaramaiah on Friday demanded that the State government pressure the Union government to increase reservation for SC and ST communities under Schedule 9 of the Constitution, through a constitutional amendment. Siddaramaiah, who attended an all-party meeting, told reporters there has already been a delay in increasing reservation. “Since there is a BJP government in the State and Centre, they have to put pressure and implement it,” he said. Law Minister JC Madhuswamy said, “The Supreme Court has ordered that reservation should not cross 50 per cent, but has given concession to Tamil Nadu. In such cases, the Centre might have to make amendments to the existing laws.” The state government is expected to table the Justice Nagmohan Das report in the winter session in December.