Raipur. In Chhattisgarh, the state government is trying to take all possible steps to pacify the heated atmosphere regarding tribal reservation. Because of this, Chief Minister Bhupesh Baghel called a cabinet meeting today. In this meeting, according to the intention of the government, the new quota of reservation decided by the officers was approved. According to government sources, the state government has fixed 32% reservation for tribals, 13% for scheduled castes and 27% for OBCs. At the same time, 4% reservation will be given to the poor of the general category. For this, the cabinet has approved the draft of changes in two bills. However, due to legal compulsions, it is not yet being announced according to the percentage.
Giving information about the decisions taken in the cabinet meeting held at the CM House on Thursday, Agriculture Minister Ravindra Choubey said that it has been decided that the provisions of the Reservation Act, which have been canceled by the High Court, will be made effective again through the law. Go For this, the draft of Reservation Amendment Bill-2022 in Public Services and Reservation Amendment Bill-2022 in admission to educational institutions has been approved. These bills will be introduced in the special session of the proposed assembly on December 1-2.
Mr. Choubey said, the government is repeatedly saying that the government is committed to give reservation in proportion to the population. At the same time, the Supreme Court has also said that it is appropriate to give reservation up to 10% (UP TO) to the poor of the general category, then it will also be followed. Due to legal compulsions, the minister did not reveal the reservation ratio before the introduction of the bill in the assembly. But according to government sources, it has been fixed at 32% for ST, 13% for SC, 27% for OBC and 4% for poor general category-EWS.
Government will take steps like Tamil Nadu, Karnataka
If government sources are to be believed, along with this bill, a resolution is also being considered. In this, the Central Government will be urged to include the reservation law of Chhattisgarh in the Ninth Schedule of the Constitution. Tamil Nadu had also sent such a proposal. Karnataka is also doing the same. It is noteworthy that, being included in the ninth schedule of the Act, it cannot be challenged in any court. According to the government’s strategist and experienced officers sitting in the administration, at present this is the only way visible, through which the reservation dispute can be ended.
How did this issue arise, will the Scheduled Castes be angry?
It is noteworthy that till the year 2012, SCs were getting 16% reservation in Chhattisgarh. After the change in 2012, it was reduced to 12%. Guru Ghasidas Literature and Culture Academy had gone to the High Court to oppose this. Due to which the entire reservation roster was abolished by the order of the High Court. In such a situation, if the government makes 13% reservation in proportion to the population, then the displeasure of the Scheduled Castes may continue. If it is 16%, then the government’s logic of giving reservation in proportion to the population will go awry.
Will bringing the bill end the issue… What do experts say?
According to constitutional matters, the High Court in paragraph 81 of its judgment of September 19, called the 12-32% reservation for SC-ST illegal on the ground that reservation cannot be given in proportion to the population. It is also said that mere inadequacy of representation without any other special circumstances cannot exceed the limit of 50% reservation. In paragraph 84, the High Court has said that not being able to get a place in the competition for employment or education as compared to the general category is not a special circumstance. In both these comments, the government has declared the performance-presence of SC-ST in PSC, medical, engineering, government services and figures like per capita income, occupation of the head of the family, unnecessary and insufficient.
Bill is not a solution…Supreme Court is the last option
In these circumstances, experts say that until the Supreme Court removes the above observations of the High Court’s decision of 19 September, the way of reservation in Chhattisgarh is closed. Legislature can change a decision of the court only by removing its basis and not in any other way. Even if the government gives reservation by bringing a bill, the court will stop it.