'Historic' win for govt ahead of general elections as Lok Sabha passes 10% quota bill for poor

The Constitution (124th Amendment) Bill 2019, approved by the Union Cabinet on Monday, was brought in on the last day of the Winter Session of Lok Sabha. Union minister Thaawarchand Gehlot introduced the bill in the House amid protests by Samajwadi Party.

According to the bill, "At present, the economically weaker sections of citizens have largely remained excluded from attending the higher educational institutions and public employment on account of their financial incapacity to compete with the persons who are economically more privileged."

The bill seeks to amend Article 15 of the Constitution, by adding a clause which allows states to make "special provision for the advancement of any economically weaker sections of citizens".

These "special provisions" would relate to "their admission to educational institutions, including private educational institutions, whether aided or unaided by the state, other than the minority educational institutions".

It also makes it clear that reservation would be "in addition to the existing reservations and subject to a maximum of 10 percent of the total seats in each category".

"The directive principles of state policy contained in Article 46 of the Constitution enjoins that the State shall promote with special care the educational and economic interests of the weaker sections of the people, and, in particular, of the Scheduled Castes and the Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation," it pointed out.

It said economically weaker sections of citizens were not eligible for the benefit of reservation.

"With a view to fulfil the mandate of Article 46, and to ensure that economically weaker sections of citizens get a fair chance of receiving higher education and participation in employment in the services of the State, it has been decided to amend the Constitution of India," the statement of objects of the bill said.

Prime Minister Narendra Modi and Congress president Rahul Gandhi were present in the House when the bill was passed. The government will table the bill in the Rajya Sabha on Wednesday.

The BJP believes that if opposition parties, whose support is a must for its passage in the Rajya Sabha where the government lacks numbers, vote against it, then they will risk losing support of an influential section of society.

Sources in opposition parties said they have held parleys over their strategy for the Upper House. The Congress and the BJP have both issued a whip asking all their members to be present on Wednesday.

They said members of opposition parties are upset over the extension of Rajya Sabha proceedings by a day and will raise their protests in the house.

The opposition members did not allow the upper house to do any business today as the house was adjourned six times during the day. Sources said the Congress is supporting the bill but some other opposition parties may create hurdle in its passage in Rajya Sabha.

Influential castes such as Marathas, Kapus, Jats and Patidars have hit the streets in the past few years, seeking reservation benefits. Their protests at times have turned violent.

Political watchers believe that sections of upper castes had drifted from the party of late following its aggressive push to win over backward classes and Dalits, and the bill will help the party to win them over.

The BJP had lost to the Congress in three states, Madhya Pradesh, Rajasthan and Chhattisgarh, where it was in power.

BJP chief Amit Shah described the bill as a "gift" to youths from poor families and said it is a lesson for political parties doing appeasement politics for years.

In Lok Sabha, Finance Minister Arun Jaitley rejected suggestions that the measure may fall foul of a Supreme Court judgement putting a cap of 50 percent and said the bar was for caste-based reservations, while the bill seeks quota for the economically weaker sections in the general category.

The Congress said it supported the bill, but doubted the government's intentions as it was merely a "gimmick" aimed at political gains in upcoming elections.

Various parties, including the BSP, SP, TDP and DMK, also called it the BJP's poll stunt, but welcomed the move.

The CPI(M) alleged the move is an attempt by the government to gain electoral benefit by combining caste passions with communal polarisation.

BSP chief Mayawati said the bill was an "election stunt and political gimmick" ahead of Lok Sabha polls, though her party welcomes the "immature" move by the government.

AIMIM member Asaduddin Owaisi opposed the bill saying it is a "fraud on the Constitution" as the Constitution does not recognise economic backwardness.

Congress leader K V Thomas said the legislation has been made in haste, was passed by cabinet on Monday itself, has so many lacunas, raises questions on sincerity of the government and should be sent to Joint Parliamentary Committee for examination.