Introduction
The Congress party advocates for a pivotal constitutional amendment to surpass the 50% reservation cap, echoing concerns raised after a recent judicial setback in Bihar. This article explores their stance amidst political discourse and legislative imperatives.
Congress Advocates Constitutional Amendment
On June 30, the Congress party asserted the urgency for Parliament to enact a law permitting reservations to surpass the prevailing 50% cap. This call comes in response to a Patna High Court ruling that overturned Bihar’s decision to elevate reservations for SCs, STs, and OBCs from 50% to 65%.
JD(U)’s Resolution and Political Landscape
A day earlier, the Janata Dal (United) within the NDA coalition urged the central government to shield Bihar’s reservation enhancement by integrating it into the Constitution’s Ninth Schedule. This move seeks to insulate state laws from judicial scrutiny, akin to Tamil Nadu’s legislative precedent.
Parallel with Tamil Nadu Law
Highlighting alignment with longstanding demands, Congress General Secretary Jairam Ramesh underscored the party’s campaign stance during the recent Lok Sabha elections. He emphasized the imperative to safeguard state-specific reservation laws under the Ninth Schedule, paralleling Tamil Nadu’s legislative safeguard implemented in 1994.
Judicial Review and Constitutional Path
However, Mr. Ramesh cautioned against sole reliance on Ninth Schedule immunity, citing a 2007 Supreme Court directive subjecting such laws to judicial review. Proposing a constitutional amendment, he stressed Parliament’s pivotal role in formalizing reservation expansions for SCs, STs, and OBCs beyond the existing statutory limits.
Constitutionality and Political Discourse
Addressing the constitutional underpinnings, the Congress leader clarified that while the Constitution does not explicitly mandate a 50% cap, judicial precedents have established this threshold. He reiterated the party’s electoral commitment to challenging this norm, urging clarity from the incumbent leadership.
Legislative Imperative: Future Steps
Mr. Ramesh called upon the government to introduce a Constitution Amendment Bill in the upcoming parliamentary session. This proactive step, he argued, is crucial to upholding constitutional principles and advancing socio-economic equity through enhanced reservation policies.
Conclusion
The Congress party’s advocacy for a constitutional amendment to exceed the 50% reservation cap reflects its commitment to social justice and equitable representation. By navigating legal hurdles and advocating legislative reforms, Congress aims to redefine the contours of reservation policy in alignment with evolving societal needs.
Soumya Smruti Sahoo is a seasoned journalist with extensive experience in both international and Indian news writing. With a sharp analytical mind and a dedication to uncovering the truth, Soumya has built a reputation for delivering in-depth, well-researched articles that provide readers with a clear understanding of complex global and domestic issues. Her work reflects a deep commitment to journalistic integrity, making her a trusted source for accurate and insightful news coverage.
