Constitutional Amendment is the Only Permanent Fix for BC Quotas, Not Ninth Schedule

• Ex-SC Judge Justice B. Sudershan Reddy

Only a Constitution amendment is the permanent solution for the reservations for the Backward Classes (BCs) to be implemented without interference by the courts. Even if the issue is included in the Ninth Schedule as requested by the government in its ten-page letter to the Governor, the court might say it is not conforming to the basic structure of the Constitution, said Justice B. Sudershan Reddy on Saturday.

No Barrier to 42% Reservation

The former judge of the Supreme Court has said the apex court judgment’s cap on 50 percent reservations is not at all a barrier in implementing the 42 percent reservations for the Backward Classes in Telangana. What is needed is a ‘political will.’ Justice Reddy said that former prime minister Vishwanath Pratap Singh was the first political leader who showed interest in implementing reservations for Backward Classes. He placed an Office Memorandum on the B P Mandal Commission report in August 1990 in Parliament. Singh justified the policy by arguing that it was about empowering the entire class of socially and economically backward people, not just individuals. First Prime Minister of India, Jawaharlal Nehru, made an attempt to implement it in 1961, but could not. The Mandal Commission was nominated in 1979 and it submitted its report to the Union Government in 1980. Indira Gandhi and Rajiv Gandhi did not touch it. V P Singh got the Mandal file to the table and implemented it. He knew he was playing with fire and his government may be consumed by it. BC welfare was first thought of by Periyar Ramaswamy. Then it was articulated by Rammanohar Lohia. It was V P Singh who showed the courage to implement the Mandal Commission Report.

Telangana’s Data and Justification

The empirical data collected by the Telangana State Government in its recent survey found 56.36 percent of the population belongs to Backward Classes in Telangana and there is no problem for any government in giving 42 percent reservations to the BCs. As per the BC population’s share in Telangana, giving 42 percent reservations to them is justified. Listing the BC reservations in the Ninth Schedule is not the only remedy to the issue; convincing the Supreme Court and passing the Bill in Parliament is also necessary to make a Constitutional amendment for the BC reservations. If it is merely listing in the Ninth Schedule, the courts can intervene and say it should be tested whether it is in conformity with the basic structure of the Constitution. But if the Constitution is amended, there will be no issues at all, and even the courts cannot intervene. The ten-member experts committee headed by Justice Reddy analyzed the survey data and submitted a report on it to the government.

The Government’s Efforts and Legal Hurdles

The government got the BC Reservation Bill passed in the Assembly with all the parties supporting it. Then the government had sent the Bill to the Governor for his assent. Governor Vishnudev Varma did not give his assent, nor did he send it to the President for her consideration. He also did not return the Bill to the State Government either. Then, the government issued an Ordinance on BC reservations and released G.O. Ms. No. 9 on 42 percent reservations for BCs. When the Opposition BRS party went to the Telangana High Court, the G.O. was stayed on an interim basis. Then the State government went in appeal to the Supreme Court, which directed the government to go back to the High Court. The case is pending before the HC. Protecting under-privileged classes is the core principle of the Constitution. Equality, Opportunity, Status, and Dignity are the most important words in the Constitution.

Protecting the Under-privileged

Before the Indian Constitution came into being, there were no reservations (The original text mentioned ‘100 percent reservations’ which is factually contradicted by the next clause and historical context; the corrected text assumes the intent was to state there was no place for the oppressed classes due to a pre-Constitutional system of no inclusion/social stratification) and there was no place for the oppressed classes at that time. It was not mentioned anywhere in the Constitution that the reservations should be limited to 50 percent. No under-privileged section should be affected in any circumstances in the country. The Supreme Court itself raised this question. The prevailing of such principle should be followed in the case of the BC classes. Correcting injustice is not wrong, and the BCs will achieve their target of 42 percent of reservations if they approach the issue in the proper direction.

“I don’t belong to Backward Classes. Dr. B R Ambedkar and Periyar Ramaswami are also not from BCs. Every person who has social awareness and knows the problems of BCs can talk on the issue. BCs obtained power in Tamil Nadu due to the efforts of Ramaswamy Periyar. Take any parameter on the development index, reservations to the Backward Classes are the need of the hour,” he said.

Justice Chinnappa Reddy said that no one can be permitted to invoke the Constitution either as a sword for an offence or a shield in protecting oneself. In that sense, no one can interpret the Constitution as she or he likes. Chief Minister Revanth Reddy knew all these steps to be taken, and everything that is there to do was done by the State Government, said Justice Reddy. The meeting was conducted at Hyderabad Press Club by Telangana Jana Samiti. Justice Chandrakumar, Prof. Murali Manohar, and Prof. Kodandram also spoke. Prof. Visweswara Rao presided.

Ravindra Seshu Amaravadi

Editor, Prime Post

Ravindra Seshu Amaravadi, is a senior journalist with 38 years of experience in Telugu, English news papers and electronic media. He worked in Udayam as a sub-editor and reporter. Later, he was associated with Andhra Pradesh Times, Gemini news, Deccan Chronicle, HMTV and The Hans India. Earlier, he was involved in the research work of All India Kisan Sabha on suicides of cotton farmers. In Deccan Chronicle, he exposed the problems of subabul and chilli farmers and malpractices that took place in various government departments.