Journalism of Courage
Leaders of the Bharatiya Janata Party have hailed the Supreme Court judgment which upheld the validity of the 103rd Constitutional amendment providing 10 per cent reservation to people belonging to economically weaker sections (EWS) in admissions and government jobs.
The top court, in its 3-2 split verdict, said the law on EWS quota does not violate the basic structure of the Constitution.
The BJP termed the judgment a “victory” for Prime Minister Narendra Modi in his “mission” to provide social justice to the country’s poor. “The Supreme Court’s decision is a slap on the face of parties with vested interests who have tried to sow discord amongst citizens with their propaganda,” Union Education Minister Dharmendra Pradhan said.
“Supreme Court upholds the legality of EWS reservation for unreserved sections. Another big credit for PM Narendra Modi’s vision of Gareeb Kalyan. A big boost in the direction of social justice,” said BJP general secretary (organisation) B L Santhosh.
Telangana MP Bandi Sanjay Kumar said the judgment reinforces Modi’s Sabka Saath Sabka Vishwas pledge.
Senior BJP leader and former Union minister Uma Bharti tweeted, “All the poor people have the same caste, they are poor. This reservation will bring unity in the country. My appeal is that all the needy people in the world unite and fight their battle for a better life. We should implement the system of reservation in the private sector also.”
BJP leader Hardik Patel, the former convener of the Patidar Anamat Andolan Samiti that led the community’s agitation for the reservation in 2015, said members of 68 communities will get the quota benefits. “The decision taken by Prime Minister Narendra Modi has been upheld by the Supreme Court. Members of 68 communities will get benefits in education and jobs. I feel proud that people will be benefited by our (quota) agitation,” Patel said.
Maharashtra Chief Minister Eknath Shinde said the apex court’s verdict “will bring great relief to the poor and weaker sections of all castes and religions”. “The decision in this regard in the Supreme Court today will certainly be useful in bringing the poor into the mainstream,” he added.
Welcoming the top court verdict, Maharashtra minister Chandrakant Patil said, “I am glad the Supreme Court has given a nod to EWS reservation. Under this, individuals cutting across caste and community and religion will be eligible to avail the quota.” He further said the quota will give golden opportunities to poor students to pursue their education and avail job opportunities.
Another minister from Maharashtra Sudhir Mungantiwar said, “You cannot choose in which caste you wish to take birth. You don’t take birth in any religion by making an advance booking. Hence, Dr Babasaheb Ambedkar has mentioned in the Constitution that if anyone is facing financial stress without his mistake, then the Centre and state together should make a law. Regardless of caste or religion, everyone has the right to live, right to get employment.”
Gujarat Aam Aadmi Party (AAP) president Gopal Italia welcomed the verdict allowing a 10 per cent quota for EWS Sections and said, “We welcome the decision taken by the Supreme Court and many people will be benefitted by it. There was a demand wherein those economically marginalised and having a low source of income should get the benefit of reservation. It was the demand of many people in the country and Patidar Anamat Andolan Samiti (PAAS) had launched a movement (for OBC quota for Patidars). The government had made amendments in the constitution which was passed by the Lok Sabha and Rajya Sabha. Some groups had filed petitions in Supreme Court. We welcome the SC order by a joint panel of judges in favour of the constitutional amendment.” Italia, who is a Patidar leader, was also part of the PAAS movement, and is a former employee of the Gujarat government.
The Gujarat government in 2016, had announced a 10 per cent quota for EWS in educational institutions and government jobs, seen in response to the quota agitation by Patidars led by Hardik Patel who is now with the BJP. The Patidar agitation that started in 2015, demanded that the community be included in the list of Other Backward Class. The Gujarat high court, however, had quashed the ordinance announcing the quota.
The Congress too welcomed the Supreme Court verdict validating the provision of 10 per cent reservation to the economically weaker sections and said the amendment providing for it was the result of an initiative taken by the Manmohan Singh government. “The amendment itself was the result of a process initiated by Dr Manmohan Singh’s government in 2005-06 with the appointment of the Sinho Commission that submitted its report in July 2010. Thereafter, widespread consultations were held and the Bill was ready by 2014. It took the Modi Sarkar five years to get the Bill enacted,” Congress general secretary in-charge communications Jairam Ramesh said in a statement.
However, Congress leader Udit Raj expressed his displeasure over the verdict saying that while he is not against EWS reservation, the Supreme Court’s U-turn on what it had been holding ever since Indira Sahani judgement “pained him”. “Whenever SC/ST/OBC reservation matters came, SC always reminded the limit of 50%.
Tamil Nadu Chief Minister MK Stalin said the verdict is a setback in the “century-long struggle for social justice”. “After a thorough analysis of the judgment and consultation with legal experts, a decision will be taken regarding the next steps to continue our struggle against this system of reservation for the forward community which is against social justice,” he said.
“From the land of Tamil Nadu, which made the first constitutional amendment to protect social justice, I request like-minded organisations to unite to make the voice of social justice resound throughout the country,” he said.
“The Supreme Court verdict is not for the poor in all castes. This is meant for the poor among the upper caste. In that case, how can this be construed as a judgement based on economic criteria?” Viduthalai Chiruthaigal Katchi (VCK) chief Thol Thirumavalavan asked. He pointed out that two judges have argued that caste-based economic criteria for reservation negate equality.
“The judgment is against the principles of social justice. This is gross injustice,” Thirumavalavan claimed and said his party would go on an appeal challenging the verdict.
The Congress in Kerala welcomed the verdict, but its ally Indian Union Muslim League (IUML), the largest party representing the Muslims in Kerala, expressed anxiety over the verdict. Congress state president K Sudhakaran stated that the reservation for the weaker sections in the forward communities has been a long standing demand of the party. “But the 10 per cent reservation for economically weaker sections should not affect the existing reservation system. Their (backward communities) reservation should not be hurt in any manner. At the same time, reservation should be given for the economically backward sections in the forward communities,” he said.
Senior IUML leader P K Kunhalikutty said the verdict causes anxiety. “The verdict would dilute the Constitutional provisions for the reservation for the weaker sections,” he said. Congress MP Jairam Ramesh also welcomed the judgment.
Even as the Trinamool Congress’ spokesperson Sukhendu Sekhar Ray refrained from commenting on the verdict, the party’s MP Saugata Roy as “historic”. Roy, the Lok Sabha MP, said it is a “big step towards achieving economic equality” in the country.
Telangana Rashtra Samiti (TRS) politburo member B Vinod Kumar said the party welcomed the verdict. “We supported the Bill in the Parliament and we very much support the EWS quota. It is necessary for the upliftment of the poor people among the forward classes. We are already implementing it in education while continuing the reservations to those who are already getting the benefit as it is. We welcome the verdict,’’ he said.
Welcoming the SC decision, the YSRCP Social Welfare minister M Nagarjuna said that his party had started implementing EWS reservation in educational institutions soon after forming the government in Andhra Pradesh in June 2019. The AP government has simplified the norms stipulated by the central government for the implementation of 10 per cent reservation to the EWS in education without any sub-categorisation. In July last year, the state government had issued a government order to start implementing 10 per cent EWS reservation in all government recruitments. People who are not covered under the existing reservations for BCs, SCs, STs and whose gross annual family income is below Rs 8 lakh per annum, are eligible for EWS reservation in both employment and educational opportunities, the minister said.
Meanwhile, DMK president and Tamil Nadu Chief Minister M K Stalin said remarked that the SC judgement is a setback to the century-old fight for social justice. Reacting to the apex court’s judgment upholding the validity of the 103rd Constitution amendment providing 10 per cent reservation to the EWS in admissions and government jobs, Stalin argued that all social justice-supporting movements and political parties ought to band together once more to defend the fundamental principles of social justice.
“Since the union government first proposed it in 2019, we have been battling it in court. The order from today has been a significant setback. We will consult with legal experts and carry out our efforts to defend India’s social justice systems,” he said.
S Ramadoss, chief of PMK, an NDA ally, said the order has destroyed the essential principles of reservation and social upliftment system. He said SC’s order has turned out to be one agianst constitution in two grounds. “Reservation should be given only to socially backward sections in education, it shouldn’t have been on economic grounds… Giving reservation for people who earn upto Rs 8 lakh per annum being considered as poor and being benefited for reservation is undoubtedly an attack on reservation system and social justice,” he said.
BJP was using SC to derail the social justice system in India, said Dalit leader and VCK chief Thol Thirumavalavan. He said Hindutwa forces was burying the reservation system and its core values in the name of financially poor sections. He added that it would be detrimental to social justice promised for OBCs and socially backward sections.
DMK ally, MDMK leader Vaiko also opposed the SC order on similar grounds. He said the foundational values of constitution has been challenged with the EWS quota order.
With inputs from PTI
