The Government and the Congress on Monday sparred in Parliament over the Supreme Court ruling that States are not bound to provide quota in appointments and promotions.
As tempers began to fray and Opposition and treasury benches clashed with each other, the Government informed the Lok Sabha that it was not a party to the case, but insisted the issue was being discussed at the “highest level”.
The BJP ally Lok Janshakti Party (LJP) sought that the reservation for SCs/STs should be put in the 9th schedule so that none could make any change in it and another ally Apna Dal also asked Government to ensure that reservation continues irrespective of SC ruling.
The Janata Dal (U) rejected Opposition’s charge of BJP being anti-reservation saying it was the Modi Government which brought an ordinance to neutralise the SC ruling on SC/ST Atrocities Act. The Opposition parties demanded that the Centre file a review petition before the apex court.
After the Opposition accused the Centre of failing to defend the reservation system, Social Justice Minister Thawarchand Gehlot told the Lok Sabha that the Modi Government was not a party to the case, which is about a 2012 decision of the previous Congress Government in Uttarakhand, and asserted that the Central Government is “committed” and “dedicated” to reservation for SCs, STs and OBCs.
The Congress hit back at Gehlot and accused him of misleading the Lok Sabha. The party also decided to move a privilege motion against him. Outside Parliament, Congress leader Rahul Gandhi said it was in the DNA of the BJP and the RSS to try and erase reservations. He asserted that his party will not allow doing away with quota.
Gehlot made it clear that the Centre was not asked to file an affidavit in the matter and said the issue is being discussed in the Government at the “highest level” and it will take “appropriate steps” in the matter.
When the Minister said the Supreme Court ruling was on an order issued when the Congress was in power in Uttarakhand, members of the Opposition party shouted “shame-shame” and walked out of the House.
As soon as the Question Hour started, Opposition members led by Congress leader Adhir Ranjan Chowdhury sought to raise the issue. He was also joined by members from other parties, including the DMK.
The Supreme Court has held that States are not bound to provide reservation in appointments and there is no fundamental right to claim quota in promotions.
The apex court was dealing with pleas regarding Uttarakhand Government’s September 5, 2012 decision to fill up all posts in public services in the State without providing reservation to SC/STs. The order was quashed by the High Court.
Hitting back at the Opposition, the Government said the Congress is trying to politicise a sensitive issue.
“This is my charge that the Congress is politicising the sensitive issue,” Defence Minister and deputy leader of the House Rajnath Singh said.
Congress leader Adhir Ranjan Chowdhury and Kalyan Banerjee (TMC) targeted the Government, saying there has been an onslaught on SC and ST reservation since the Modi Government came to power.
Chirag Paswan of LJP, an NDA constituent, said the Government should immediately interfere in the matter and put the reservation subject in the Ninth Schedule so that no one approaches the Supreme Court on these issues. He said the order of the court and the behaviour of Opposition on the matter impacting a big population of the country.
While A Raja (DMK) said there are reasons to believe that the Government is not in favour of reservation, Rajiv Ranjan (Lalan Singh) (JDU) rejected Opposition charge that Government is anti-dalit and drew attention to Government’s intervention during SC verdict on SC/ST Act. Ritesh Pandey (BSP) allged the central government is against SC/ST and dalits.
Anupriya Patel (Apna Dal) said, “I want to register my objection and disagreement with the Supreme Court order and this is very unfortunate also”. She said one of the reasons for such orders are low representation of SC/ST and OBCs in judiciary and thus Government should immediately intervene in the matter,” she said.
Opposition parties in Rajya Sabha too demanded that the Government file a review petition in the Supreme Court over its ruling on reservation in jobs and promotions for SC/STs, and walked out of the House over its “unsatisfactory” response. Gehlot clarified that neither the Central Government was made a party in this matter nor any affidavit was sought from it, and asserted that it is committed to the welfare of SCs, STs and other backward castes.
Leader of Opposition Ghulam Nabi Azad said it is a serious issue as it concerns about one-fourth of the country’s population. “Immediately, a Cabinet meeting should be called and a decision to file a review petition should be taken,” Azad said.
Satish Chandra Mishra (BSP) said, “When the matter comes before Cabinet, you should also add promotion in judiciary.”