With a few states taking a critical view of the exclusion of the Scheduled Castes (SC), Scheduled Tribes (ST) and Other Backward Classes (OBC) from the 10% reservation granted to those from Economically Weaker Sections (EWS), the Congress is undertaking a political review of the issue to firm up its stance, sources told PTI on Saturday, November 12. They said once the review process is over, a decision could be taken whether the party will take recourse to any legal remedy.
Separately, Congress general secretary in-charge Jairam Ramesh said the party has had the consistent position since 2004 that it supports reservation in education and employment for economically weaker sections in all communities without disturbing the existing reservation for the Scheduled Castes, Scheduled Tribes and Other Backward Classes.
In a statement, Ramesh referenced the Supreme Court upholding the constitutional validity of the 103rd amendment, which was passed by Parliament in January 2019. "All five judges have upheld the 103rd Constitution Amendment to the extent that it provides for reservations for the EWS category. Three judges have opined that the EWS category could exclude Scheduled Castes, Scheduled Tribes and OBCs. Each of them has given different reasons for their respective position," Ramesh said.
Two judges were of the opinion that exclusion of SCs, STs and OBCs from the EWS category is unconstitutional, he said. Along with many other parties, the Congress had supported the Constitution Amendment Bill in Parliament even as it had demanded a joint parliamentary committee on it for more detailed examination, he said. But it was pushed through keeping the Lok Sabha elections in mind, he added.
Noting that a large number of issues have been raised by each of the five judges, Ramesh said the Congress is now studying them in detail. Asked about differing opinions in various states and the Congress's stand, Ramesh told reporters that being a national party, it has to be respectful and sensitive to the concerns of all states and work on a balance.
The Congress general secretary also demanded that when the main census takes place next, reportedly in 2023, a caste census should also be conducted.
There is a need for doing the caste census at the earliest, he said, adding the government should make its stance clear on the issue.
Sources in the party said the Congress is studying the judgment very closely with the legal aspects being looked upon by P Chidambaram and Abhishek Manu Singhvi and the likes of party chief Mallikarjun Kharge looking at it from the social and political point of view.
This review is ongoing and the party may change its stance voiced earlier but only after the thorough study is over, they said.
Recalling the Dravida Munnetra Kazhagam's legal struggle against the reservation system brought by the central government, Tamil Nadu Chief Minister M K Stalin had said the judgment in the case "should be considered as a setback in the century-long struggle for social justice." An all-party meet convened by the DMK adopted a resolution against the 10% EWS reservation, and resolved to file a review petition against the recent Supreme Court verdict which upheld the quota. The Tamil Nadu government has also decided not to implement the EWS quota.