Reduction in the reservation of state Government jobs in MP.


Reduction in the reservation of state Government jobs in MP.
The Issue
Reservation in MP in current scenario:
1. OBC(earlier 14% now increased to 27%)
2. SC 16%
3. ST 20%
4.EWS(10%, though this bill is pending in MP but it is going to be a Law soon)
This means 73% of the seats(including EWS) are from now on reserved in our state.
Worst is that adding 33% women quota in it will make overall seats 18% for UR male.
Which is almost equivalent to what other states of India allow to have seats to the citizens of other states.
This is now the most any state has given reservation in India
Tamil nadu has 69% reservation and Maharashtra has 68%.
Constitution says reservation should be 50%(at most) but under special circumstances this can be increased.
We should really ask this government to explain what those 'special circumstances' are when all the Creamy-Layer OBC's are considered as general itself.
Supreme Court itself in its landmark 1993 judgment in Indra Sawhney vs Union of India. These are:
1.That the total number of reserved seats/places/positions cannot exceed 50% of what is available, and
2.That under the constitutional scheme of reservation, economic backwardness alone could not be a criterion.
Moreover on this issue our honourable PM had said:the Supreme Court’s ruling and said anyone promising reservations beyond the cap was being “dishonest”.
The 50% cap on reservations for all categories
94A. […] Clause (4) [of Article 16 of the constitution] speaks of adequate representation and not proportionate representation. Adequate representation cannot be read as proportionate representation. Principle of proportionate representation is accepted only in Articles 330 and 332 of the Constitution and that too for a limited period. These articles speak of reservation of seats in Lok Sabha and the State Legislatures in favour of Scheduled Tribes and Scheduled Castes proportionate to their population, but they are only temporary and special provisions. It is therefore not possible to accept the theory of proportionate representation though the proportion of population of backward classes to the total population would certainly be relevant.
Just as every power must be exercised reasonably and fairly, the power conferred by Clause (4) of Article 16 should also be exercised in a fair manner and within reasonably limits – and what is more reasonable than to say that reservation under Clause (4) shall not exceed 50% of the appointments or posts, barring certain extra-ordinary situations as explained hereinafter.
The Issue
Reservation in MP in current scenario:
1. OBC(earlier 14% now increased to 27%)
2. SC 16%
3. ST 20%
4.EWS(10%, though this bill is pending in MP but it is going to be a Law soon)
This means 73% of the seats(including EWS) are from now on reserved in our state.
Worst is that adding 33% women quota in it will make overall seats 18% for UR male.
Which is almost equivalent to what other states of India allow to have seats to the citizens of other states.
This is now the most any state has given reservation in India
Tamil nadu has 69% reservation and Maharashtra has 68%.
Constitution says reservation should be 50%(at most) but under special circumstances this can be increased.
We should really ask this government to explain what those 'special circumstances' are when all the Creamy-Layer OBC's are considered as general itself.
Supreme Court itself in its landmark 1993 judgment in Indra Sawhney vs Union of India. These are:
1.That the total number of reserved seats/places/positions cannot exceed 50% of what is available, and
2.That under the constitutional scheme of reservation, economic backwardness alone could not be a criterion.
Moreover on this issue our honourable PM had said:the Supreme Court’s ruling and said anyone promising reservations beyond the cap was being “dishonest”.
The 50% cap on reservations for all categories
94A. […] Clause (4) [of Article 16 of the constitution] speaks of adequate representation and not proportionate representation. Adequate representation cannot be read as proportionate representation. Principle of proportionate representation is accepted only in Articles 330 and 332 of the Constitution and that too for a limited period. These articles speak of reservation of seats in Lok Sabha and the State Legislatures in favour of Scheduled Tribes and Scheduled Castes proportionate to their population, but they are only temporary and special provisions. It is therefore not possible to accept the theory of proportionate representation though the proportion of population of backward classes to the total population would certainly be relevant.
Just as every power must be exercised reasonably and fairly, the power conferred by Clause (4) of Article 16 should also be exercised in a fair manner and within reasonably limits – and what is more reasonable than to say that reservation under Clause (4) shall not exceed 50% of the appointments or posts, barring certain extra-ordinary situations as explained hereinafter.
Petition Closed
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The Decision Makers
Petition created on 29 July 2019