The Congress government in Chhattisgarh has filed a petition in the Supreme Court to challenge a High Court decision that struck down a 2012 legislation increasing the reservation of scheduled tribe (ST) people to 32 per cent and reducing that for scheduled caste (SC) to 12 per cent.
The legislation, brought in by the erstwhile BJP government, was struck down on the basis that by its promulgation, the total quota in Chhattisgarh had gone up to 58 per cent as OBCs have a quota of 14 per cent in the state and thus overshot the constitutional bar of 50 per cent.
“We are committed towards the quota interests of SC and ST communities. We have filed a petition in the Supreme Court against the decision of the Chhattisgarh High Court to strike down the 58 per cent reservation. This battle will be fought with total attention, concentration and sincerity,” Chief Minister Bhupesh Baghel said on Twitter.
After the High Court struck down the legislation on September 19, a situation of confusion and resentment has been reigning in the state. There is confusion on the point whether the striking down of the 2012 legislation would mean that no quota now exists in the state until the government brings in a fresh resolution or whether the quota situation prior to 2012 will come into effect.
Enrollment to educational institutes and recruitment process for government jobs have come to a virtual standstill due to the confusion on the quota situation. Also there is huge resentment among the tribal population that is the major loser in the entire scenario as it stands to lose the higher quota provision.
Before 2012, Chhattisgarh state, which had been created through bifurcation of Madhya Pradesh in the year 2000, had a SC/ST/OBC quota division similar to the parent state—that is 16 per cent, 20 per cent and 14 per cent respectively. However, since Chhattisgarh is a tribal dominated state with around 31 per cent ST population according to census of 2011, the state government, under the directive of the Union government had brought in legislation in 2012 to increase the quota for tribal people to 32 per cent and reduce that of SCs to 12 per cent.
This legislation was challenged by Raipur-based Guru Ghasidas Sahitya Evam Sanskriti Academy in the High Court, on the point of reduction of SC quota, in 2012 itself. After a decade-long legal battle, the HC struck down the legislation on the ground that it overshot the constitutional bar of 50 per cent quota.
Already, several special leave petitions (SLPs) have been filed in the SC by social activists and other individuals against the HC decision. In one case, notices have been issued to the state government and the Guru Ghasidas Academy.
The Congress government in the state announced immediately after the HC decision last month that it would do everything to protect the interests of the SC and ST people. Chief Minister Bhupesh Baghel has reiterated this many a time over the last one month. However, the legal imbroglio will not be easy for the government to resolve.
The Supreme Court has shown its sternness on maintaining the constitutional bar of 50 per cent total quota in several cases pertaining to different states during the past two years. The apex court insists on having quantifiable data on the population of different categories to allow any increase in the quota.
Last week, state's Law and Legislative Affairs Minister Mohammad Akbar said that the government was awaiting the report of the Quantifiable Data Commission set up by it, to move ahead in the matter. The report of this commission will enable the government to claim the scientific population basis for quota distribution.
The government has also shown its willingness to hold a special session of the State Assembly to pass a unanimous resolution for ensuring proportional quota to SC and ST category. It is also looking at other options like getting a legislation on over 50 per cent quota included in the 9th schedule of the Constitution, so that it could be outside legal review.
