Prime minister Narendra Modi’s political masterstroke of a 10 per cent quota in jobs and higher education for economically backward upper caste is in complete violation of the constitution. Reservation based on economic backwardness has inherent flaws and raises serious questions of withstanding judicial scrutiny since it goes against the Supreme Court quota cap of 50 per cent imposed in 1992.
The constitution provides for reservations on two parameters “ social and educational backwardness. With reservation been done on the basis of economic backwardness and with no clear roadmap on implementation, the government has only opened a pandora’s box and is expected to face a fierce legal battle. It would have made better sense if a proper legal-constitutional decision could have been arrived at instead of rushing with an electorally-tainted agenda.
This brings us to some crucial questions: Is this decision within the realm of constitutional and judicial proprietary? Why there is no roadmap on implementation? It is a fact that the decision will not come into force soon since the term of the current Lok Sabha in nearing an end. What is the significance of drawing up job quotas when the country is grappling with unemployment? Wouldn’t it make better in provide adequate training in work areas rather than quotas? Why did the government not treat this as a priority and instead waited to announce it on the eve of Lok Sabha poll?
It is clearly seen as a smart political strategy to regain the upper caste support the BJP has lost. In a fast changing political landscape where farmers and backward classes have come into sharp focus, this decision will decisively help the BJP to turn the tide in its favour. For example in a state like Uttar Pradesh where urban unemployment rate is higher than the national average of 5.8 per cent, the 10 per cent quota formula will benefit a chunk of the 22.18 lakh jobless youth. To top it all, this 10 per cent reservation is not going to dilute the existing quotas for Dalits, tribal communities and OBCs.
The BJP-led Modi government however is not the first to move on quotas based on economic backwardness. From Congress Prime Ministers Narasimha Rao and Manmohan Singh to Mayawati of Bhaujan Samaj Party and the SP made similar moves which subsequently fizzled out. Maywati first stint in power in 2007 saw the chief minister raising the pitch of such quotas and followed it up in 2015 and 2017 without any success. Against such a backdrop and in view of the fact that opposing the move could be counter-productive, parties will have no other option but to back the decision. Instead of raising questions, parties are now left to debate only on the speedy implementation of the quota.
It remains to be seen how political parties play out this Modi’s masterstroke.
