From BJP ally Paswan, a hard push for ordinance to rectify Supreme Court’s quota verdict
The Supreme Court had said in its judgment that the government is not bound to provide reservation for appointments and promotions to public posts.Updated: Feb 14, 2020 16:43 IST
Union minister Ram Vilas Paswan has said that the central government should bring an ordinance to ‘rectify’ the Supreme Court’s recent decision on SC/ST reservation in jobs, according to news agency PTI.
“All issues important for SCs/STs should be placed in Constitution’s Ninth Schedule to insulate them from judicial review,” he told the news agency.
He said the government was also mulling filing a review against the Supreme Court decision and was taking legal opinion on it.
“The review petition is there, but the matter will again go to court, it has to be looked at whether it will be successful or not. So, in my opinion the easiest way is to issue an ordinance and make an amendment in the Constitution,” said Paswan.
Paswan’s Lok Janshakti Party (LJP) had opposed the Supreme Court’s February 7 verdict. “The LJP does not agree with this decision of the Supreme Court...The party demands that the Union government take immediate measures to ensure that the reservation provision continues in jobs and promotion in the same they have been so far,” LJP president Chirag Paswan had said on Twitter.
He had too demanded that the issue should be put under the Ninth Schedule.
A law under Ninth Schedule is supposed to be immune from judicial review and cannot be challenged in the courts, though this position has been disputed after a 2007 Supreme Court judgement.
The Supreme Court had said in a judgment that the government is not bound to provide reservation for appointments and promotions to public posts, and courts cannot give directions compelling states to reserve jobs or positions for SCs and STs. It had also said that an individual does not have a fundamental right to claim reservation, and it is for the government to decide whether reservations are required in appointments and promotions.
The ruling by a bench of justices L Nageswara Rao and Hemant Gupta came while dealing with pleas on the Uttarakhand government’s September 2012 decision to fill up all posts in public services in the state without providing reservations to SCs and STs.
A huge row had broken out both inside and outside Parliament over the Supreme Court ruling with Congress leader Rahul Gandhi alleging that it was “in the DNA of the BJP and the RSS” to try and erase the quota system, and the government saying “appropriate steps” will be taken in the matter that was being discussed at the “highest level”.
An ordinance can be brought when Parliament is not in session. The ordinance has a shelf life of six months. Once a session begins it has to be converted into a law within six weeks, or else it lapses.