Chhattisgarh Chief Minister Bhupesh Baghel has written to Prime Minister Narendra Modi urging him to include the 76 per cent caste quota provision made through a bill passed by the state assembly in December 2022 in the ninth schedule of the Constitution.
Inclusion in the ninth schedule gives protection to state and Central laws from judicial review. The Chhattisgarh 76 pc quota bill is pending with the Chhattisgarh governor for approval.
Baghel’s move comes right after Congress leader Rahul Gandhi’s ‘jitni aabadi utna haq’ (rights in proportion to population) call in the context of caste quota in poll-bound Karnataka on Sunday. During a poll campaign in Karnataka, Gandhi called for making public of caste census conducted by the UPA government in 2011 so that the population percentage of OBCs is clear; removal of 50 per cent cap on caste quota and reservation in proportion to the population for scheduled castes (SC) and scheduled tribes (ST).
Pushing for increased caste quota in Chhattisgarh following Gandhi’s call, Baghel has written to the PM, citing the socio-economic conditions that call for higher quota to SC/ST and OBCs in the state.
The letter, shared by Baghel over Twitter with a mention of ‘jitni aabadi utna haq’ slogan, said the state has 32 per cent ST, 13 pc SC and 42 pc OBC populations. About 44 per cent area of Chhattisgarh is under forests and a large part of other regions are hilly and inaccessible and this makes implementation of economic activities difficult in these areas. Baghel said according to a Reserve Bank of India report of 2012, Chhattisgarh had the highest poverty (40pc) in the country. The socio-economic and educational status of other backward classes (OBCs) is also as weak as that of SCs and STs. About three-fourth of these sections are marginal and minor farmers and farm labourers.
Baghel goes on to mention in the letter that in 2013, a provision of 12 pc, 32 pc and 14 pc quota (total 58 pc) was made for the SC, ST and OBC population, but it was quashed by the Chhattisgarh High Court in September 2022. The state assembly passed a unanimous bill to provide quotas of 13 pc, 32, 27 and 4 pc for SCs, STs, OBCs and economically weaker sections (EWS) respectively. The bill is pending approval with the governor.
Baghel further said in the letter that with the constitution bench of the Supreme Court upholding the 10 per cent EWS quota, the road for caste quota beyond the 50 per cent cap has been paved. In the past months, Jharkhand and Karnataka assemblies have passed bills for caste quotas beyond total 50 per cent.
“It is notable that in the state of Tamil Nadu, which has per capita income far higher than Chhattisgarh and in many Northeastern states, the quota for STs and OBCs is over 50 per cent limit. In view of the special circumstances in Chhattisgarh, only the inclusion of higher quota provision in the ninth schedule of the Constitution will enable justice for deprived and backward category people. This is a request for you to kindly direct the concerned for this purpose,” Baghel said at the end of the letter.
Due to indecision on quota distribution as the bill is pending approval, recruitments and admissions have been held up in poll-bound Chhattisgarh, causing resentment among people. The ruling Congress is apprehensive of this issue affecting its poll prospects and wants to get the issue resolved soon.
The Congress has been severely critical of the governor's office for holding up the bill, alleging that the governor is doing it at the behest of the opposition BJP. While Anusuiya Uikey was the governor when the bill was passed by the assembly and sent to the governor's office for approval, Biswabhushan Harichandan took up the office in February this year. However, the stalemate over the quota bill continues.
