Chhattisgarh CM writes to PM Modi, seeks inclusion of amended quota provisions

Bhupesh Baghel urged PM to enlist the amended provisions of reservation in the state in the 9th schedule of the Constitution

Chhattisgarh chief minister Bhupesh Baghel on Monday wrote to Prime Minister Narendra Modi urging him to enlist the amended provisions of reservation in the state in the 9th schedule of the Constitution.

The 9th Schedule contains a list of central and state laws which cannot be challenged in courts. (Bhupesh Bhagel | Facebook)

The 9th Schedule contains a list of central and state laws which cannot be challenged in courts.

“Keeping in view the special circumstances, the inclusion of amended provisions of reservation (that provides 76% quota in the state) in the 9th Schedule of the Constitution will help in ensuring justice to deprived and backward sections,” Baghel urged in the letter.

Chhattisgarh government had raised the quota (in government jobs and admissions in educational institutions) to 58% in 2013, he said.

“Then quota for SCs (Scheduled Castes) was slashed by 4% to 12% and for Scheduled Tribes (STs) it was increased by 12% — from 20% to 32%, while for Other Backward Classes (OBCs), the reservation was kept unchanged at 14%.

The Chhattisgarh high court last year had set aside that order, he said.

The Chhattisgarh assembly in December last year again passed two bills – Chhattisgarh Public Service (Scheduled Caste, Scheduled Tribes and Other Backward Classes Reservation) Amendment Bill and Chhattisgarh Educational Institutions (Reservation in admission) amendment bill related to quota in government jobs and admission in educational institutions in proportion to the population of different categories in the state, he said.

On December 3, 2022, Chhattisgarh assembly passed two bills which increased reservation for OBCs to 27% from the existing 14%, while for the SC community to 13% from 12% in the public employment and admissions.

The 32% reservation for the ST category was kept unchanged.

Besides, a provision of 4% reservation was also provided to the Economic Weaker Section (EWS), taking the total extent of reservation to 76%.

However, the bills are pending with the Governor for assent, he added.

“The Constitution bench of the Supreme Court in November last year upheld the decision to grant 10% reservation to the economically weaker sections (EWS). The SC decision has paved the way for exceeding the reservation beyond the cap of 50%. In the recent months, resolutions have been passed in Jharkhand and Karnataka Legislative Assemblies to increase the quota for various categories beyond 50%,” the letter said.

Notably in Tamil Nadu, where the per capita income is much higher than that of Chhattisgarh, and in many states of the North-East, reservation for tribals and backward classes is more than the limit of 50%, it said.

Of the total population in Chhattisgarh, ST comprises 32%, SC 13% and OBC 42%.

The state’s 44% area is covered with forests and a large area is surrounded by inaccessible hilly areas.

Due to all these reasons, difficulties have to be faced in conducting economic activities in various parts of the state, it said.

According to the Reserve Bank of India (RBI) report 2012, the number of poor in the state of Chhattisgarh was the highest in the country (about 40%), it added.