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T gives Muslims 12% reservation, defies SC limit

Omer Farooq

Telangana legislative Assembly on Sunday passed the State Reservation Act 2017 paving the way for increasing the reservation for the backward sections of Muslim community from 4 per cent to 12 per cent and Scheduled Tribes from 6 per cent to 10 per cent in higher education and the Government services.

The Bill was discussed and passed at a special session of the State Assembly held on Sunday and was supported by the entire House barring five members of the BJP, who were suspended for disrupting the proceedings.

With this, the total reservations in Telangana go up to 62 per cent as Backward Classes have 25 per cent and Scheduled Castes have 15 per cent reservations.

It has crossed the upper limit of 50 per cent reservation set by the Supreme Court.

Chief Minister K Chandrasekhar Rao moved the Backward Classes, Scheduled Castes and Scheduled Tribes Reservation Bill 2017 seeking the support of the Opposition for a constructive move. However, the proceedings were disrupted by the vociferous protests by the five members of the BJP. They also held a protest against the Government outside the Assembly.

As soon as the special session began at 11 am, the CM moved the Bill. It was taken up for discussion in the State legislative Council where it was expected to be passed unanimously.

Now, the Bill will be sent to the Governor for his assent and then to the Centre for its approval.

Replying to the debate on the Bill, the Chief Minister assured the House that if the Centre does not approve it, then the State Government will knock on the doors of the Supreme Court.

He cautioned the Centre against applying different standards to different States.

“Tamil Nadu is implementing 69 per cent reservations for over two decades. Five to six other States were giving more than 50 per cent reservations. Then how can you deny this to Telangana,” he questioned.

The fact that the Supreme Court has fixed a cap of 50 per cent for the total reservations, both at the Center and the States, was held against any State increasing it. Chief Minister KCR said recently Rajasthan decided to increase it to 68 per cent to meet the demand of Gujjars for reservation.

Taking a strong stand on the issue, KCR said he will not beg the Centre, but will fight to get the reservation included in the 9th schedule of the Constitution on the lines of protection given to Tamil Nadu’s 69 per cent reservations.

Putting up a strong defense on reservation for Muslims, KCR asked, “Why can’t we give them reservationIJ Why should they be denied reservations just because they are MuslimsIJ Are they not paying taxes,” he asked. If some political parties oppose reservations to Muslims in the name of religion and communal bias, it will not be correct.

KCR underlined the fact that India had the largest Muslim population in the world and many so called Islamic countries also do not have such a large Muslim population.

As the BJP members continued to disrupt the proceedings by shouting slogans and tried to stall the House, Speaker S Madhusudhana Chary suspended them after a resolution was moved by the legislative Affairs Minister T Harish Rao and they were removed from the House.

Those suspended included State BJP President K lakshman and floor leader G Kishan Reddy. Earlier speaking in the House, Kishan Reddy called the Bill unconstitutional and said the matter related to existing 4 per cent reservations was pending before the Supreme Court. He claimed that the BJP is opposed to religion based reservation. He also objected to the State Government clubbing Muslim reservation with the Scheduled Castes.

Ahmad Pasha Quadri (AIMIM) demanded that the State Government should take effective measures to protect the existing 4 per cent reservations in the State facing legal challenge in the Supreme Court. He demanded that for the new quota a separate Category (F) should be created.

But the Chief Minister assured that there will not be any threat to the present 4 per cent quota for the backward Muslims.

Chief Minister strongly refuted the allegations of the BJP that his Government was giving religion-based reservation and that it will be an injustice to the backward classes.

“We are giving it purely on the basis of socio economic backwardness and not on the basis of religion or caste as some parties were falsely claiming”, KCR said.

He urged the Opposition parties to desist from false and misleading propaganda and make positive suggestions. “We are doing what we had promised categorically in the election manifesto of Telangana Rashtra Samiti”, he said.

The party had promised 12 per cent reservation each for the backward sections of Muslims and the Scheduled Tribes on the basis of their population in the state after bifurcation of Andhra Pradesh.

He also rejected the Opposition criticism that this increase will be at the cost of the other backward classes and assured the BCs that their quota will also be increased from the present 25 per cent. The State Government has asked the Backward Classes Commission to go in to the issue and submit its report in six months.

Similarly the Chief Minister also announced that the quota of the Scheduled Castes will be increased by 1% more as their population in the state stand at 16.3 per cent. A new Scheduled Castes Commission will be constituted soon, he said.

Pointing out that the State’s 90 per cent population comprised of the BCs, SCs, STs and minorities, KCR said the State definitely needs more than 50 per cent reservations and other States have it. He announced that his party will raise this issue in Parliament and before Niti Ayog Commission and a debate will start and a consensus will be evolved.

Earlier the Congress deputy floor leader T Jeevan Reddy participating in the debate welcomed the increase in the quota for Muslims and reminded the House that it was the Congress Government which had introduced the 4 per cent reservations in the past. But he asked why the State Government was increasing this quota to 12 per cent when the BC Commission had recommended only 10 per cent.

He demanded further increase in the quota for both the backward classes and the scheduled castes. “Under the constitution the reservation for STs can be increased in accordance with the increase in their population”.

On the Chief Minister’s statement that he will get the Center to include the State quota in Ninth Schedule of constitution he asked whether the Supreme Court can give any such direction to the Union Government.