BJP Confident Karnataka Quota Card to ‘Caste’ Spell on SCs, STs Legal, Other Communities Have ‘Reservations’

The Basavaraj Bommai-led BJP authorities’s timing to announce its determination to boost the reservations for Scheduled Castes (SCs) and Scheduled Tribes (STs) is being seen as having been taken hurriedly with a concentrate on the Karnataka elections due subsequent 12 months.

The circumstances beneath which the chief minister took the choice are fairly fascinating. The political expediency arose from the truth that Congress’s Rahul Gandhi on the get together’s Bharat Jodo Yatra spoke about implementing the Justice Nagamohan Das Fee report on widening reservations for the Scheduled Castes and Scheduled Tribes.

The very subsequent day, Karnataka’s chief of the opposition and former chief minister Siddaramaiah needed to depart the yatra to attend the all-party assembly referred to as to determine on rising reservations. Shortly afterwards, the Bommai cupboard accepted the suggestions of the Justice Das-led fee, which had been arrange by the Congress-Janata Dal (Secular) coalition when it was in energy in 2018-19. The panel submitted its report in July 2020 which beneficial rising reservations for SC and STs.

Numbers sport

The state cupboard determined to situation an government order to right away hike the reservation for SCs by 2 per cent (from 15 per cent to 17 per cent) and STs by 4 per cent (from 3 per cent to 7 per cent), despite the fact that it breached the 50 per cent cap laid down by the Supreme Court docket.

Calling it a “historic determination”, the BJP additionally made the political transfer on the eve of Valmiki Jayanti, the delivery anniversary of Maharishi Valmiki, who is taken into account an icon of the politically highly effective ST group Valmiki Nayakas. It’s seen as a transfer to make sure the BJP retains the assist of the group, which the Congress has been making an attempt to win over as this ST group, which is the biggest within the state among the many practically 52 tribes, has largely backed the Bharatiya Janata Occasion.

This determination by the way additionally comes at a time when the Congress’s Bharat Jodo Yatra enters the districts of Chitradurga, Ballari, and Raichur, that are generally known as strongholds of the Nayaka group.

“The breach of the 50 per cent ceiling is feasible and may be justified by the Karnataka authorities by displaying there are distinctive circumstances. It may be made fool-proof as properly if the federal government has the need to take action. It may be made a constitutionally acceptable coverage,” Prof Ravivarma Kumar, advocate basic for Karnataka Fee, informed News18.

Court docket take a look at

CM Bommai is assured that the state’s legislation minister and division, authorized and constitutional consultants, and advocate basic will have the ability to carry the cupboard’s determination beneath the safety of the Ninth Schedule of the Structure and past judicial scrutiny. For this, the BJP authorities on the Centre must push for a constitutional modification.

“The Ninth Schedule has its personal process. It’s a constitutional modification, which takes its personal time. We’re certain we are going to go the authorized take a look at,” the chief minister stated.

Nonetheless, in 1994, Karnataka’s coverage of offering as much as 73 per cent reservation had been struck down by the Supreme Court docket within the absence of empirical information to substantiate the necessity.

Chatting with News18, Justice Nagamohan Das stated that paragraph 810 of the highest courtroom’s Indra Sawhney case order says that the 50 per cent cap is a rule however, in distinctive circumstances, it may be relaxed.

“The SC order clearly states that care and warning should be utilized in exercising these distinctive circumstances. Subsequently, the 50 per cent ceiling may be relaxed in distinctive circumstances and if we make out a case for distinctive circumstances, the place is the query of breach of the SC judgement?” he defined, whereas stating that most individuals haven’t learn the total judgement and wish to know the minute particulars. He stated that in 2019, the Authorities of India offered ten per cent reservation to economically weaker sections within the basic class.

“With that, the entire reservation in central companies has gone up from 49.5 per cent to 59.5 per cent. If the central authorities can cross the restrict, why not the state? 9 states have crossed the 50 per cent ceiling, so why not Karnataka,” he added.

Quota unquote

There are 102 castes within the SC class and over 50 within the ST listing in Karnataka’s 67 million inhabitants. At the moment within the state, the general Different Backward Class (OBC) reservation tally stands at 32 per cent which incorporates 4 per cent of Backward Tribes who’ve been categorized as Class I, 15 per cent Different Backward Castes categorized as Class II-A, 4 per cent Muslims categorized as Class II-B, Backward communities like Vokkaligas and others beneath Class III-A which is pegged at 4 per cent, and Lingayats categorized beneath Class III-B with 5 per cent. The Scheduled Caste quota is at 5 per cent and Scheduled Tribes at 3 per cent, taking the entire to 50 per cent as capped by the apex courtroom. With the hike in SC-ST reservations as introduced, the reservation tally in Karnataka will go as much as 56 per cent.

“We’re able to take this battle to the courts as our case has advantage. We’ll make our case in entrance of the Supreme Court docket and we have now sufficient examples from different states to again our determination. Till now, no courtroom has ordered in opposition to their choices so after we can argue a strong case, why not?” a senior BJP minister informed News18.

The Bommai authorities shall be banking on the selections made by states like Tamil Nadu (69 per cent), Maharashtra (68 per cent), Uttar Pradesh (60 per cent), Jharkhand (70 per cent), Madhya Pradesh (73 per cent), and Rajasthan (64 per cent), amongst others.

A caste research commissioned by the Siddaramaiah authorities at a price of Rs 160 crore stays in chilly storage. It was first performed beneath the Kantharaju Fee, however the suggestions made weren’t accepted by the Congress authorities. It continues to stay undisclosed thus far and neither the ruling BJP nor the Congress appears to wish to reveal the small print of this controversial survey.

CS Dwarakanath, former chairperson of the backward courses fee, stated that Karnataka is the one state within the nation that has performed this caste census.

Others in quota queue

Different communities, in the meantime, are upping their ante looking for a rise in quota or reservation-related calls for. Communities just like the Veerashaiva Panchamasali Lingayats who’re presently categorized beneath Class III-B, are looking for to be categorized beneath the extra backward Class II-A of the OBCs. The Halumatha Kuruba group, which is at present within the II-A class of the OBCs, is looking for to be recognised as a Scheduled Tribe. The Vokkaligas wish to be added to the central OBC listing.

“Now we have calls for from completely different communities to boost their quotas. Now we have made this determination after cautious consideration and scrutiny. Quota calls for is not going to be thought-about if they aren’t backed with empirical information and a correct scientific report,” stated Karnataka’s legislation minister JC Madhu Swamy.

Senior BJP chief and former Karnataka legislation minister Suresh Kumar informed News18 that the state authorities ought to additional research future calls for that will come up equally from different teams.

“The state authorities also needs to represent a committee of professional attorneys to review the strengths of the case that can assist us stand the authorized take a look at,” he stated.

“We aren’t going to the touch the present quota however we’re going to improve the reservations past 50 per cent. It might have an effect on the overall class to some extent however we’re not going to the touch the quotas of the OBC,” Madhuswamy stated.

Spearheading the demand for the Panchamasali Lingayats is seer Sri Basava Jaya Mrutyunjaya Swami of the Panchamasali Peetha in Kudalasangama, and he has warned the Bommai authorities that those that are supporting the motion will lay siege to the Vidhana Soudha within the second week of November if an all-party assembly to debate the calls for isn’t held.

In accordance with Ravivarma Kumar, the demand by the Veerashaiva Panchamasali to be categorised beneath the extra backward class is unjustified. He additional defined that the Veerashaiva Lingayats have already been given particular remedy beneath the III-B OBC class.

“The Panchamasalis have been licensed as a ahead group by each fee arrange in Karnataka. They’re a group that has loved the fruits of political energy, instructional development, and illustration in authorities service. The Chinnappa Reddy Fee report which is beneficial by all SC judgements as a mannequin report additionally certifies your complete Lingayat group as a complicated group. It’s subsequently impermissible so as to add them to a extra backward listing after they have been licensed as ahead,” he stated.

Scheduled Castes and Scheduled Tribes stand on completely different footing due to the parameters beneath which they’re thought-about. To be categorized beneath the SC class, the group must have suffered the impression of untouchability. For the ST class, stated the previous advocate basic, 5 parameters must be thought-about: indications of primitive traits, distinctive tradition, geographical isolation, shyness of contact with the group at giant, and backwardness.

On whether or not that is just like the reservations sought by the Marathas of Maharashtra, Justice Nagamohan Das clarified it was not the identical.

“The reservation sought by the Marathas is totally completely different from the one sought in Karnataka. Marathas don’t fall both within the SC or ST class. There was no empirical information to again the demand of the Marathas and that’s the reason it was struck down by the Supreme Court docket,” he defined.

“Within the case of the Marathas, that they had laws of their favour whereas looking for reservation, however the Veerashaiva Lingayats are looking for reservation with no laws of their favour,” Ravivarma Kumar added.

‘Want dialogue and dialogue’

On whether or not mountain climbing the reservation for SCs and STs will open a Pandora’s field for the BJP authorities, Suresh Kumar feels that there’s a want to carry extra dialogue between group leaders demanding quotas to know their considerations.

“There’s a want for mutual dialogue and dialogue. The calls for by the communities also needs to be backed with empirical information and the socio-economic want that helps their demand for reservation,” the previous minister stated.

A requirement from Dharwad West MLA Arvind Bellad created a brand new controversy. The chief has written to CM Bommai, stating that reservations given to Muslims and Christians beneath the OBC class should be eliminated and that the quota must be given to the Panchamasali Lingayats as a substitute. He argues that reservations, as per the Structure, must be provided based mostly on caste and never faith.

“Reservation that was purported to be given to OBCs was given to Muslims and Christians by the earlier Congress authorities. These communities are already getting sufficient funds for his or her growth from the central and state governments by means of minority ministries…To set proper the injustice carried out to the OBCs, we should always curtail the reservations given to Muslims and Christians within the OBC quota. As an alternative, these reservations must be given to Lingayat Panchamasali, different sects of Lingayat communities, Kuruba (shepherd), and different communities,” Bellad stated in his letter to Bommai on Tuesday.

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