Looking forward to approaching State Assembly and the Lok Sabha elections, the Rajasthan government on Monday tabled a new Reservation Quota Bill 2008 recommending fresh reservations for Schedule Castes (SCs), Schedule Tribes (STs), Backward Classes (BC), Special Backward Classes (SBCs), and Economically Backward Classes (EBCs) for reservation of seats in educational institutions and appointments and posts in services under the state.
In respect to that, a discussion will be carried on in the Assembly on Wednesday. Before tabling the Bill, the Cabinet had given its approval in-principle. But what raised eyebrows of the Parliamentarians was the Raje government's proposal in the Bill; to abstain creamy layer among SC/ST from reservation benefit in promotion.
The Bill recommends 5% reservation for Gujjars and 14% for economically weaker sections among upper castes. Besides, 16% for Schedule Castes, 12% for Schedule Tribes and 21% for Backward Classes have been proposed. With this the total reservation in Rajasthan will be increased to 68% from the existing 49%.
Some special provisions have been made by the Rajasthan government in the existing reservation policy, while some other recommendations have been made for the first time by any State governments and that is the highlight of the bill. The Rajasthan government has stated in the draft that creamy layer among SCs and STs will not be considered as eligible for the reserved quota in educational institutions and appointment and promotion to government posts.
As of now, the concept of creamy layer has been confined to OBC category alone, as per the Supreme Court’s judgment in the Mandal Commission case leaving aside the SC and ST categories. This section of the Bill whereas might arise criticism of the State government, at the same time if sees the light of the day would set a precedent for the reservation policy for the nation in future. As a wide deprived sections among SCs and STs are feeling badly to implement creamy layer in these categories also.
The Opposition Congress though decided to support the bill, but will also raise objection to diluting the creamy layer among SC and ST.
Leader of the opposition Hemaram Choudhry said Section 3 (3) of the proposed bill, which states SCs and STs in the category of creamy layer would not be eligible for consideration against the reserved quota in any educational institution, was in violation of the Constitution.
"We will point out this factor in the house while debating on the Bill. They have laid down the separate quota norms and clauses but have drafted the creamy layer clause in an ambiguous manner. Creamy layer is not applicable to SC and ST," Dr Joshi, Pradesh Congress Committee president said.
OBCs, SBCs, and EBCs will not be able to get the benefit of quota in promotion. Creamy layer too would be devoid to avail this benefit. It means creamy layer among SC and ST, too, would be deprived from the quota benefit in promotion.
Provisions also made in the draft of the Bill for Banjaras, Gadia Lohars, Gujjars and Raikas (Rebari and Devasi) to incorporate them under a special backward class category.
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