A cynical amendment
The issue of quota is not about justice and fairness but one of preserving the cohesiveness of India as a nation state
Livemint
Illustration: Jayachandran/MintIt is not unusual for the ruling party of the day to use its power to initiate legislative changes. Almost always, these measures are geared for political gain. In a democracy, this is acceptable as long as the divergence between these steps and national interest does not reach an unacceptable level. The Constitution (117th Amendment) Bill, 2012—that provides for reservations in the matter of promotions and also tinkers with seniority in government service—defies this test of acceptability. It is a move of unusual cynicism on part of the Congress party.
The introduction of the Bill has led to repeated disruptions in the Lok Sabha. On Wednesday, as the concerned minister sought to table papers on the subject, the papers were snatched from his hand. Outside the House, employees in Uttar Pradesh have gone on strike. The danger of caste polarization, already real, is likely to heighten. That is not all. Article 335 of the Constitution imposes a rigid bar on such reservations while effecting promotions and determining seniority. This it does in the name of “maintenance of efficiency of administration” in the services of the Union and the state. The Bill in the Lok Sabha seeks to override this.
This, however, is a mere constitutional nicety that the United Progressive Alliance (UPA) government cannot be expected to understand. But what is worse is the Bill seeks to overturn a number of judicial decisions—delivered by the apex court and various high courts on the subject. In all such cases, the higher judiciary has prescribed tests of appropriateness to determine if reservations are valid.
For judicial approval, courts have asked governments to provide data to prove the need for reservations. In virtually all such cases, governments—both states and the Union—have failed to substantiate their claims. But this Bill takes the cake in this respect, too. The statement of objects and reasons accompanying the Bill states that: “It has been observed that there is difficulty in collection of quantifiable data showing backwardness of the class and inadequacy of representation of that class in public employment. Moreover, there is uncertainty on the methodology of this exercise.” Not only is this an admission of administrative inability but also represents callous disregard of judicial concerns and fairness in the matter.
There is little doubt that this amendment will be contested in the courts. It should be. The issue is not about justice and fairness to those citizens who have suffered caste discrimination for centuries but one of preserving the cohesiveness of India as a nation state.
Should there be reservations in promotions in government service?
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http://bharatkalyan97.blogspot.in/2012/12/quota-stand-off-turns-physical.html Quota stand-off turns physical. SoniaG should quit politics.
Maya’s quota gambit stalled in LS by SP
FRIDAY, 21 DECEMBER 2012 12:54 PNS | NEW DELHI
BJP’s tacit support helps
The BJP and Samajwadi Party on Thursday foiled the Congress’ attempt to pass in the Lok Sabha the Constitution Amendment Bill to provide quota in promotion to SCs/STs in Government jobs.
The controversial Bill was seen as the UPA’s payback to the BSP for its support on the FDI in retail votes.
The Lower House was adjourned repeatedly on the last day of the session because of the pandemonium created by the BJP and the SP, and then sine die at 5.30 pm.
While BSP chief Mayawati single-handedly forced the Government to bring the legislation, SP supremo Mulayam Singh was totally opposed to it. The Government was able to pass the Bill in Rajya Sabha on Monday, but a change of stand by the BJP derailed its calculation in the Lower House.
A section of the BJP, which was all along opposed to the Bill, later convinced the leadership that backing the measure would have an adverse impact on the upper caste vote bank of the party.
BJP MPs from Uttar Pradesh, Bihar and Madhya Pradesh were particularly worried about the negative fallout of the passage of the Bill on their electoral prospects in the next election.
On Thursday, Personnel Minister V Narayanasamy again moved the Bill around noon and then Speaker Meira Kumar allowed PL Punia
to speak on it. It was at this point of time that SP
MPs trooped into the Well of the House.
BJP veteran LK Advani unsuccessfully sought to make a point that the Bill be referred to the Supreme Court for its opinion, since the issue had been challenged before the judiciary in the past.
Advani wanted to point out that there was a precedence as the Special Forces Act was referred to the Supreme Court before its enactment.
BJP leaders said even Article 144 of the Constitution provided for this. The article reads, “All authorities, civil and judicial, in the territory of India, shall act in aid of the Supreme Court”.
While SP members jumped into the Well of the House shouting “promotion mein arakshan nahi chalega (reservation in promotion will not be accepted)”, BJP members got agitated when Advani was not allowed to speak.
BJP MPs also joined SP leaders and started raising slogans like “vipaksha ka aisa apman nahi sahega Hindustan (The country will not tolerate such an insult of the Opposition).”
A totally charged up Advani was leading BJP MPs and even pulled up Parliamentary Affairs Minister Kamal Nath when the latter urged him to allow the passage of the Bill.
Former BJP chief Rajnath Singh, who had to face protests in his constituency, was also seen directing party MPs not to allow passage of the Bill.
Telecom Minister Kapil Sibal and Congress leader Girija Vyas talked to Mulayam Singh Yadav, but the SP chief refused to relent.
BJP members also requested Yadav to control his party members so that Advani could speak but the appeals fell on deaf ears.
Frustrated by the events unfolding in the House, Ananth Kumar (BJP) was heard warning Yadav that he would also not be allowed to speak next time.
Mayawati, who was present in the gallery to watch the proceedings, slammed the UPA for not making adequate efforts to have the Constitution Amendment Bill passed.
The BSP chief said she always doubted the Centre’s sincerity on the issue and virtually put the Government on notice.
“We will write to the Prime Minister for a special session. We will give them one or two more chances. We will raise the issue again during the Budget Session,” she said.
Mayawati said the Government should have made efforts to have SP members suspended from the House after one of them snatched the Bill from Narayanasamy’s hand.
“The whole country has seen the drama enacted by the Government on the issue. We condemn the Centre and Congress for not getting the Bill for reservation in promotion passed,” she told reporters.
Kamal Nath responded to Mayawati’s accusations by saying: “This is not the BSP’s or Mayawati’s Bill. This is the Congress’ Bill. Let us be very clear about this. It is the Government’s Bill and the current Government is the Congress Government.”
Home Minister Sushilkumar Shinde, who is also the Leader of the Lok Sabha, rejected Mayawati’s allegations.
Shinde said: “Congress President Sonia Gandhi had taken an aggressive stand in the Lok Sabha on Wednesday on the issue and people who say this are wrong”.
Petroleum Minister Veerappa Moily said: “The way Sonia Gandhi reacted with emotion shows the party’s intention on the issue of reservation. If anybody made comments on that, then they are not honest”.
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