File photo of Rajasthan Chief Minister Vasundhara Raje
In Rajasthan, two bills for reservation in jobs and education passed yesterday have taken the total quota to over 50 per cent, the limit set by the Supreme Court.
The state cleared five per cent reservation for the Gujjar community and 14 per cent for 'economically backward classes', which means that 68 percent of the seats are now reserved, leaving less than one-third of the seats for general candidates.
The latest quota proposals have made a comeback after they were shot down in 2009 by a court order.
The BJP government had introduced the proposals after three violent agitations by the Gujjar community. But the High Court rejected them citing a Supreme Court's order in 1992 that said reservation cannot exceed 50 per cent.
Legal experts say the bills can again be challenged in court. The state government, however, hopes that with a BJP-led government at the Centre, the Bills will see a different outcome.
The state government will request the Centre to bring in a Constitutional amendment to keep these quota decisions above judicial review, spokesperson Rajendra Rathore told NDTV.
"We have consulted legal experts and will make sure this bill is implemented. Other states like Karnataka, Andhra Pradesh and Odisha also have more than 50 per cent quota," he said.
Rajasthan has become the state with the highest percentage of reservation, surpassing Andhra Pradesh's 66.66 per cent.
The bills come in the middle of a political row over a comment by Mohan Bhagwat, chief of the BJP's ideological mentor Rashtriya Swayamsevak Sangh, who in an interview published on Monday had suggested a review of the country's reservation policy.
The Opposition Congress called the bills 'farcical' and 'eyewash'. "Giving reservation on economic criteria is an eyewash and without amending the Constitution it will not stand the scrutiny of the law. It is a farce," state Congress state President Sachin Pilot said.