Politics over reservation has been a part and parcel of Indian political scenario for more than a century. Wooing the voters from the marginalised communities just ahead of the elections is a time-tested strategy. The latest use of such trope could be found in Karnataka where the Governor Thawarchand Gehlot today gave his assent to the ordinance notified by the state government to increase the reservation of the SC and ST communities in the state government jobs and the educational institutes.
According to the ordinance, the reservation for SC communities will be increased from 15% to 17% whereas for the STs it will take a leap from 3% to 7%. Interestingly, the additional quota will end up providing 56% reservation- much more than the SC promulgated cap of 50%. In Indra Sawhney vs Union of India (1993) the top court gave its landmark judgement capping the reservation to 50%.
However, as per the reports, the Karnataka Government will push to place it under the ninth schedule of the constitution seeking protection from the legal scrutiny. Chief Minister Basavraj Bommai said that he will pass the ordinance through both the houses. He also noted that his decision was in compliance with the reports of Justice Nagamohan Das Committee that was formed by JD(S)-Congress government to examine the possibilities to increase the reservation of SC and ST communities. In its report submitted in July, 2020, the committee recommended a reservation hike for both the communities.
In this backdrop, we must look back at what led to such situation and what are the ways available ahead of the government to pass through the legal obligation of 50% cap.
What led to the increased reservation of SCs and STs?
The SC and ST population in Karnataka almost comprise one fourth of the total population. However till now the reservation for both the communities were pegged at 15% and 3 % consecutively. Whereas earlier there were only 6 castes enlisted in the SC list, now it has expanded to 102. For the STs the number of communities included have raised to 50.
Following the submission of Justice Nagamohan Das Committee reports that recommended increase in reservations, the state witnessed multiple protests seeking its implementation.
In Bengaluru, the leader and seer of Valmiki community Prasannananda Swami has been on the streets now for months demanding the necessary push in the ST reservation. In face of the mounting pressure, the Karnataka government convened an all-party meeting on October 7 and the following day during a cabinet meeting passed the ordinance.
Earlier, with reservations of SC at 15%, ST at 3% and OBC at 32%, Karnataka was within its limits of 50% reservation However, now the increased reservation is going to cross the bar. The law minister J.C. Madhuswamy noted that the Government has plans to swim through the troubled water.
Are there precedence of breaching 50% cap or it’s Sacrosanct?
Though the SC has never moved aside from its landmark nine-bench judgment in Indra Sawhney case, there is always the other way of constitutional amendment to place it under the ninth schedule to avoid the legal scrutiny. Tamil Nadu has 69% reservation. But as it has immunity under the ninth schedule, the case against it is still pending in the SC.
Union government also used the route of 103rd constitutional amendment to provide 10% reservation to the Economically Weaker Section (EWS) of the society. Though its validity has been challenged in the SC, the constitutional amendment has paved the way for the EWS category to avail the benefits.
Experts think that the case of 56% can be justified if a special case can be made out of it. In 1994, Karnataka proposed to extend the reservation to 73% only to be turned down by the Supreme Court. However, the reason cited by the top court was related to lack of empirical data. However, in the latest case the Government has a hold on both the Justice Nagamohan Das committee reports and the survey of Karnataka Backward Class Commission conducted in 2016.
A Political Ploy or Opening Pandora’s Box?
Notably, though the report of Justice Das committee has been there with the government for more than two years, the Government passed the ordinance just a few months ahead of the next assembly elections. This clearly indicates the intention of the Karnataka BJP to woo its voters in the backdrop of Rahul Gandhi’s Bharat Jodo Yatra that has received formidable response both from the people and the media.
While there are community leaders like Prasannananda Swami who has congratulated the CM for his actions, there are other communities as well who have been struggling to increase their share in the pie. For example Halumatha Kuruba community, now enlisted in the 2A category of the OBC list has been demanding tribal status for long.
Veerashaiva Panchamasali community has been pressing for changing its position from 3B category to 2A within the OBC list. The increasing number of communities within the OBC list also seeks a jump in their reservation. While welcoming the efforts of the Government to enhance the quota share for SCs and STs, Panchamasali seer Basava Jaya Mruthyunjaya Swami warned the state government of further agitations if their demands are not met, reported India Today.
The enhanced reservation whether will serve as a political tool to garner mileage in the election or will play its desired role in upliftment is a matter only time will tell. But, the overwhelming demands of the different communities to meet their demands will definitely push the Bommai government to an uncomfortable situation in the coming days.
