Despite ‘reservation’, Rajasthan’s bill on reservation passed

The Rajasthan Backward Class (Reservation of seats in Educational Institutions and of Appointment of Seats and Posts in services under the State) Bill, 2017 was passed in the Assembly on Thursday. The bill brings under implementation the recommendations of State Backward Classes Commission submitted in July this year and proposes to increase the quota of other backward classes from 21 per cent to 26 per cent and provide 5 per cent of it be kept exclusive for “More Backward Classes”. Among these more backward classes are Gurjars, Banjara, Gadiya Lohar, Rabaris and Gadariya, previously included among the special backward class category. Implementation of the bill has once again raised the total reservation quota in the state to 54 per cent.

“Not less than four commissions and committees, each headed by a person who has been a judge of high court, have concurrently concluded that these are extremely backward classes and need immediate and special attention,” said Arun Chaturvedi, minister of Social Justice and Empowerment, defending the bill as it raises the cumulative reservation quota in state above the ceiling of 50 per cent.

The explanation, however, has not been convincing for many of the Assembly members, even those of the ruling side.

Ruling BJP MLAs Prahlad Gunjal and Ghanshyam Tiwari raised questions. Tiwari said that the government has brought this bill against law and Supreme Court orders. Because of this, reservations for OBCs and other castes may also get stuck in the High Court. After the bill is passed, the government will give reservation to Gurjars, Gadiya Lohar, Banjara, Rebari and Gadaria castes through notification. Is there a need to bring the bill to issue the notification? Reservation of SC, ST and OBC has been given through notification.

What is the need to bring this bill to give reservation to the Gurjars? Prahlad Gunjal also pointed out the issue of notification and targeted the state government. Gunjal said that there is no provision for reservation in the bill. Government will issue notification later.

After the notification, this reservation will also be stuck in the High Court. The government has stopped the way for amendment in the ninth Schedule of the Constitution by bringing this bill. Tiwari, Gunjal and Ghanshyam Mehar demanded amendment in the Ninth Schedule of the Constitution to give reservation to the Gurjars. After debate on the bill, Social Justice and Empowerment Minister Arun Chaturvedi rejected all the legislators questioning the new reservation bill. Chaturvedi said this bill has been brought on the basis of the principles of social justice. The State Backward Classes Commission has estimated the population of backward classes in Rajasthan around 52 percent, so considering the quantity of population, the percentage of reservations for the backward classes needs to be increased.

According to the report of the High Level Committee headed by Justice Garg and the State Backward Class Commission appointed by the state government, the total reservation in special circumstances can be increased by more than 50 percent. These five castes can be given 1 percent within the limit of 50 percent in the case of Indra Sahani and 4 percent reservation beyond that limit. Thus, the total reservation of these castes should be 5 percent and reservation of the overall backward class should be 26 percent. After the three-hour debate, the bill was passed by voice vote.