Rajya Sabha passes 88th Constitution amendment for SC-STs

When the doors were opened, after the voting on the Bill was over, BJP MP Shatrughan Sinha walked into the House and was instantly upbraided by colleagues for being absent. Sinha, in his inimitable style, quipped in self-defence: “Laxman (Bangaru) and Shatrughan were both out together!”

The Bill, which seeks to undo the Supreme Court verdict that relaxation in matters of reservation in promotion were not permissible under Article 16(4) of the Constitution, is seen as a sop to the SCs-STs in the run-up to state elections due next year, particularly the Assembly polls in Uttar Pradesh.

Vajpayee is understood to have promised to restore the relaxation of standards of evaluation in promotions for Dalits and tribals while trying to persuade BSP leader Mayawati to support the BJP-led coalition during the confidence vote in Parliament last year.

Vajpayee is reportedly of the view that a BJP-BSP electoral understanding in UP will see both parties home. Losing the country’s largest state — from where the Prime Minister himself has been elected — can spell trouble for the BJP even at the Centre.

Members in the Rajya Sabha looked around curiously to see whether BSP chief Kanshi Ram was present in the House at the time of voting on the the Constitution amendment today. He just managed to make it into the House before the lobby doors closed for the division.

In October 1996, the Supreme Court had held in the Vinod Kumar versus Union of India case that relaxation in promotions for those availing of the reservation facility was not permissible under the Constitution in view of the “command contained in Article 335 of the Constitution”. It stipulates that the claims of the members of Scheduled Castes and Tribes in appointments of services and posts would be considered only if they were consistent with the maintenance of efficiency of administration.

In view of the apex court’s adverse order, the Government had withdrawn the relaxations in July 1997. Today, it moved to restore them through an amendment in Article 335 of the Constitution.