The Karnataka Cabinet on Thursday decided to recommend to the Centre to insert Article 341 (3) to the Constitution, which will enable States to provide internal reservation among Scheduled Castes. This is seen as a significant political move ahead of Lok Sabha elections that could potentially ruffle feathers among those seeking internal reservation in quota matrix.
In the run-up to the State Assembly election in 2023, Congress had promised to place before the Assembly the A.J. Sadashiva Commission report on internal reservation, which was submitted to the government in 2012.
However, the BJP government, during its last days in power, had closed the commission report and recommended internal reservation under four categories. Of the 17 % reservation for SCs, the BJP government had approved 6 % to SC (Left), 5.5 % for SC Right), 4.5 % for touchables (Banjara, Bhovi, Korcha, Korma and others) and 1 % for others.
Now, Congress government has refused to revisit the decision taken under Basavaraj Bommai-led BJP government and instead put the ball in the Centre’s court again.
‘Parliament supreme body’
Social Welfare Minister H.C. Mahadevappa argued that States cannot tinker with reservation matrix unless Article 341 (3) inserted through an amendment. “We have recommended to the Centre to amend the article. Parliament is the supreme body,” said Mr. Mahadevappa, who belongs to SC Right faction, in his Cabinet briefing here on Thursday.
The Minister said that the Cabinet sub-committee formed under the BJP government hurriedly gave a report following which the commission report was closed. “After we announced that the commission report would be tabled in the Assembly, the BJP government closed the report,” he claimed. When asked what prevented the Congress government from revisiting the earlier cabinet decision, Dr. Mahadevappa said that the decision was taken after consulting advocate general. Asked if there was any legal impediment to revisit a previous cabinet decision, both Dr. Mahadevappa and Law and Parliamentary Affairs Minister H.K. Patil acknowledged that there were none.
Political ramifications
With the State government’s decision, the more than two-decade-old demand for internal reservation, largely driven by SC Left factions, will now hinge on when the Parliament passes the amendment. The decision is expected to have political ramification as the SC Left castes are seen as supporting the BJP while the SC Right castes are seen as supporting Congress. By putting the ball in Centre’s court, the Congress has not put pressure on BJP to act on the recommendation.
Underlining that States cannot act without an amendment, Dr. Mahadevappa also pointed to a Madras High Court order that there can be “no quota within a quota.” A legal battle over the issue in Punjab has reached the Supreme Court and seven judge Bench has been constituted to decide on it. When asked if Congress was aware of these issues before making the pre-poll promise, the Minister said, “We are not against reservation. We have only recommended. There is no politics here.”
Interestingly, Food and Civil Supplies Minister K.H. Muniyappa, who belongs to SC Left faction, and is among those who sought internal reservation, welcomed the Cabinet decision. “There has been no injustice done to anyone. It has now shown that it can implement internal reservation if the Constitution is amended.”
‘Repeat of earlier move’
However, a former Minister in BJP government aware of the issue told The Hindu that the Congress government’s decision is actually a repeat of what the BJP government had done. “States cannot provide internal reservation without the amendment. We had also written to the Centre on the same lines. The BJP government had decided to close Sadashiva Commission report since it became invalid after government accepted the Nagmohan Das Committee report to increase reservation for SCs and STs from 15 % and 3 % to 17 % and 7 % respectively,” the former Minister said.
