Centre puts ball back in Raje court, Bainsla agrees to come to table

In a letter sent to Raje today, Union Tribal Affairs minister P.R. Kyndiah said that as per the legal advice available with the government, the Constitution—as interpreted by the Supreme Court—enables the States to make provisions for reservation to nomadic and denotified tribes other than the Scheduled Castes, Scheduled Tribes and OBCs, if the situation demands.

“Since Constitutional provisions already exist which empower the States to make special provisions for categories other than SCs, STs and OBCs, no amendment to the Constitution for this purpose is necessary or feasible, as any such move will, inter alia, upset the delicate Constitutional balance well settled by a catena of Supreme Court decisions on the subject of reservations,” the Centre said.

“Now, it entirely depends on the Rajasthan government to fall upon the Constitutional devices which the Supreme Court has clearly observed in its decisions,” Kyndiah told The Indian Express.

To argue its case, the Centre is referring to a Maharashtra Act that provides reservation in public services and posts for persons belonging Denotified Tribes (Vimukta Jatis), Nomadic Tribes and Special Backward Category in addition to SCs, STs and OBCs.

The Maharashtra Act Number VIII of 2003 provides for 13 per cent quota for SCs, seven per cent for STs, three per cent for Denotified Tribes and eight per cent for Nomadic Tribes (under three different heads) in addition to two per cent quota for Special Backward Category and 19 per cent for OBCs taking the total reservation up to 52 per cent.

The Rajasthan government had asked the Centre to add four castes, including the Gurjjars, in the list of ‘de-notified tribes’ and provide reservation of four to six per cent for them.

Bainsla today asked the protestors at the Sikandra highway to cremate 20 bodies lying on ice slabs in wooden trunks since May 24.

The funeral is expected to take place tomorrow. As per the demands of the agitators, Dausa MP Sachin Pilot is expected to be present at the funeral.

Representatives of the Gurjjar Samaj included Delhi MLA Rambir Singh Bidhuri (NCP), former Haryana Congress committee head JP Nagar, businessman BR Lohia from Dubai and Ram Saral Gujjar from Agra.

Even though the Mahapanchayat is yet to decide on the 11-member committee that is to accompany Bainsla for peace talks, Bainsla said that peace talks will happen only if there is a letter recommending reservation for Gurjjars. “We just need the Vasundhara Raje governmet to give us the letter.

We will take this to the Congress at the Centre once the state government gives its approval,” said Bidhuri.

The Army and the RAF have managed to reclaim the railway tracks in Dausa held under siege by women protestors in Bandikuian. Nearly 47 people have been arrested. An Army company is currently guarding the tracks blocked since May 24.