Playing politics over a Constitutional right

There was far more political wrangling over the quota Bill, than the Samajwadi Party’s opposition to it.

The Constitution (One Hundred Seventeenth Amendment) Bill, which sought to introduce reservations in promotions as well for Scheduled Castes and Scheduled Tribes, saw members descend to fisticuffs and stalled the final days of the Monsoon session.

Initially, all parties, except the SP, welcomed the principle of the Bill — caste-based reservations in promotions. Later, when the Bill was introduced in Rajya Sabha, the politics changed suddenly.

Shiv Sena joined the SP’s vociferous protests. The UPA’s ally, the DMK, said the Bill should have included the reservation for Other Backward Classes too. Many other MPs, cutting across party lines, echoed the same opinion under the banner of Forum of OBC MPs.

Now why did a large number of MPs silently support the SP’s protests in Parliament, even as their leaders pledged commitment to the Bill at an all-party meeting convened by the Prime Minister Manmohan Singh?

The BJP, without taking a concrete stand on the issue, urged the Government to be careful while framing the amendment, lest it runs into legal hurdles.

The Prime Minister said his Government was exploring a possible solution to the current situation, after the Supreme Court struck down the Uttar Pradesh Government Servants Seniority Rules, which had introduced reservations in promotions.

The Government introduced the Bill at a time when the Opposition was up in arms demanding the Prime Minister’s resignation over the coal scam.

For the Congress, the Bill was a stick to beat the BJP with. The Congress wanted the BJP to show its commitment to “social justice”.

A confused BJP, whose core base is also formed by the OBCs, saw the SP scoring points over it by opposing the Bill.

The Congress played its game well. Members belonging to OBC groups, cutting across party lines, petitioned to the Prime Minister against the legislation, demanding a similar legislation for OBC reservation in promotions.

This move was spearheaded by senior Congress MP V. Hanumantha Rao. Rao and his colleagues argued that despite 27 per cent quota, OBCs could fill up just six per cent of Central Government jobs.

He wanted the Centre to implement the earlier assurances of OBC reservations in promotions. .

No one wants to antagonise OBCs who form 40 per cent of voters. The Government puts the blame on the Opposition and the SP. Evidently, the Bill was brought without much home work. Dalit organisations claim that the Bill will not stand legal scrutiny as it is providing weak arguments against the judgment in the Nagaraj case.

Even the Attorney General had apprehensions about the Bill. But the Government had its immediate political interests in mind.

Except the BSP, no one was keen to pass the legislation. The BSP is fighting to protect its eroding base among Dalits. A marginal section of the party, owing allegiance to founder Kanshi Ram, had left the BSP and started its own efforts to organise Dalits.

The Uttar Pradesh Government Servants Seniority Rules, brought by Mayawati, had no legal backing. The present SP Government in UP is not keen to follow the Rules framed by its predecessor.

Thus Mayawati had no option but to put pressure on the Centre to amend the Constitution to nullify the judgment in M Nagraj vs Union of India case.

The Constitution ensures reservation for SCs and STs in promotion. The Supreme Court added a few parameters in the selection procedures. The court pointed out in its famous judgment in the M Nagraj vs Union of India case that the promotions should satisfy the test of backwardness of the particular SC or ST group, inadequate representation of the group in the service and efficiency of person in administration.

The Bill, thus, will have to wait as the SCs and STs in India are yet to form a vote bank or a pressure group.

> jigeesh.am@thehindu.co.in

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