Rajasthan assembly passed two important bills which grant reservation over 50% to economically backward classes (EBC) and to Gujjar- led, special backward classes (SBC). The Rajasthan government urged the Central government to place these two bills in order to buffer them from legal scrutiny, in the 9th schedule of the Constitution.
The quotas as of now stand at 49% in educational institutions and state jobs. If the fresh measures are implemented then the quota will increase to 68%, over the limit of 50% quota set up by the Supreme Court. The 68% quota would also mean, that only one-third seats are left for the general candidates.
The parliamentary affairs minister, Rajendra Rathore said We drafted both the bills after detailed discussions with experts. Karnataka, Andhra Pradesh and Odisha too have reservation beyond 50%.
Also, the Constitution preamble allows policies to be framed to remove economic and social backwardness, he said. In a television interview Rajendra Rathore also said that, the state government would request the Central government for this constitution amendment, in order to keep these decisions on quota above judicial review.
This statement comes, with view of the past history of the quotas. Earlier when such bill was passed, it was further challenged in court and finally rejected by the High Court, after citation of Supreme Court’s order in the year 1992 that reservation could not exceed the 50% mark.
He further added that We have consulted legal experts and will make sure this bill is implemented. Other states like Karnataka, Andhra Pradesh and Odisha also have more than 50 per cent quota. At moment Andhra Pradesh has the highest percentage of reservation at 66.66%. Once these two bills are agreed upon, then Rajasthan would surpass Andhra Pradesh at 68% quota.