Reservation Bill may not stand judicial scrutiny as it has lacunas: Opposition

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Published: January 8, 2019 9:56:47 PM

This legislation has been made in haste and has so many lacunas, he said, adding, it should be sent to Joint Parliamentary Committee for examination.

The Bill, he said, was about promising and not delivering and was a fake dream that will never become a reality.

Describing the reservation Bill as political gimmick, opposition parties led by the Congress expressed apprehension that the law empowering 10 per cent reservation to the upper caste may not stand judicial scrutiny. Citing P V Narasimha Rao’s government effort to bring in 10 per cent reservation on the basis of economic criteria, K V Thomas (Cong) said it was struck down by the Supreme Court.

This legislation has been made in haste and has so many lacunas, he said, adding, it should be sent to Joint Parliamentary Committee for examination. “It was only yesterdsay that Union Cabinet approved the Constitution Amendment for 10 per cent quota for poor under general category on economic basis and was introduced in Parliament today. It raises question on the sincerity of the government,” he said.

It seems to be political ‘jumla’ to win election as Newspapers have written today, he added. Participating in the debate, M Thambidurai (AIADMK) said reservation is not on economic backwardness but on social backwardness. He pointed out that government has many schemes for upliftment of economically poor sections of the society and did that mean that these schemes have failed. Sudip Bandyopadhyay (TMC) said that the Bill was not about jobs but about misleading the youth. The Bill, he said, was about promising and not delivering and was a fake dream that will never become a reality. TMC, he said, is unhesitantly extending support to the Bill.

Anandra Adsul (Shiv Sena) also rendered his support to the Bill and said it was better late than never. Stating that the Bill was moved as a “special agenda”, B Mahtab (BJD) said that the House was bereft of moving any amendment to the Bill. Jitendra Choudhury (CPM) said that the government wants to provide 10 per cent reservation to general category but where are the jobs. To make this Bill more comprehensive, the Bill should be referred to the Joint Parliament Committee or Standing Committee, he added. Questioning the urgency of Bill, Supriya Sule (NCP) said if the government had been sincere, this bill would not have come on the last day of the last session.

She also said that one of the Cabinet Minister’s expressed apprehension that the law may not get approval from the Supreme Court. She was referring to a remark made by Ramvilas Paswan who said the government should ensure that it should not get into a legal tangle. Dushyant Chautala (INLD) also said the legislation would be struck down by the Supreme Court.

While supporting the Bill, Dharmendra Yadav (SP) said that upper caste also knows the intent of the government as it is just an election gimmick. Jaiprakash Narayan Yadav (RJD) said the way the Bill has been brought in is nothing less than deceit for the upper caste. Nishkant Dubey (BJP) said the Modi government has taken various steps to promote inclusive development of society.

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