Thursday, Jun 19, 2003
Thursday, Jun 19, 2003 |
| National | ||||
|
News:
Front Page |
National |
Southern States |
Other States |
International |
Opinion |
Business |
Sport |
Miscellaneous |
Advts: Classifieds | Employment | Obituary | National
By J. Venkatesan
In his opinion submitted to the Union Law Ministry, Mr. Sorabjee maintained that "the decision to extend reservation to EBCs cannot be effectuated by an ordinary legislation in view of the Supreme Court judgment in the `Indra Sawhney case'. For that a "Constitutional amendment will be necessary''. However, Mr. Sorabjee also cautioned the Government saying "it is also a moot question whether another Constitutional amendment is necessary if, as a result of extending such reservation, the 50 per cent ceiling laid down by the Supreme Court is extended". Pointing out that economic criteria could not be the sole basis for reservation, he said extending the benefit of reservation to the EBCs through a legislation would therefore be unconstitutional and "EBCs cannot come within the ambit and scope of Article 16(4) as contemplated by the Constitution''. "Consequently, the contemplated reservation for the EBCs by legislation would be unconstitutional under the existing provisions of the Constitution. Extension of reservation to the EBCs would undoubtedly require a Constitutional amendment,'' said Mr. Sorabjee. On June 5, the Government had sought the Attorney-General's opinion on the issue of providing reservation for EBCs. The AG referred to the apex court ruling in the 1992 Mandal case and said "reservation for the EBCs is ultra vires the Constitution and "backward classes'' could not be identified only and exclusively with reference to economic criteria. He said to provide reservation to the EBCs, Articles 15 (4) and 16 (4) needed to be amended. Elaborating, he said: "Article 15 (4) can be suitably amended by inserting the word "economically'' before the word ``socially and educationally backward." Similarly, he said: "Article 16 (4) can be amended by adding the words "including economically backward class" after the words "any backward class of citizens" and before "which in the opinion of the State...." Mr. Sorabjee said that such reservation would come within the total 50 per cent limit fixed by the apex court. And to exceed this limit to provide for reservation to the EBCs, a further Constitutional amendment was needed. Cautioning the Government, he said: "I may point out that the suggested Constitutional amendment to overcome the limit of 50 per cent will also be subject to judicial scrutiny on the ground that it violates the basic structure of the Constitution, viz., equality.'' He pointed out to the Government about writ petitions pending in the Supreme Court challenging the Constitutional validity of a Tamil Nadu legislation law providing for reservation in excess of the 50 per cent limit. In a smart political move ahead of the Assembly polls, the Rajasthan Chief Minister, Ashok Gehlot, has demanded Constitutional amendment for providing reservation to the economically backward among the forward classes. On its part, the BJP-led NDA Government at the Centre said that it would explore the possibility of setting up a Commission to study and recommend reservation for the EBCs. It is in this backdrop that the Attorney-General's opinion was sought.
Printer friendly
page
News:
Front Page |
National |
Southern States |
Other States |
International |
Opinion |
Business |
Sport |
Miscellaneous |
|
|
|
The Hindu Group: Home | About Us | Copyright | Archives | Contacts | Subscription Group Sites: The Hindu | Business Line | The Sportstar | Frontline | The Hindu eBooks | Home |
Copyright © 2003, The
Hindu. Republication or redissemination of the contents of
this screen are expressly prohibited without the written consent of
The Hindu
|
