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Constitution to be amended to provide quota for EBCs

By Our Special Correspondent

NEW DELHI OCT. 1. People belonging to the Economically Backward Classes (EBCs) not covered by the Government's existing reservation policy can look forward to a quota in Government jobs as the Union Cabinet today approved, in principle, a proposal for Constitutional amendments, clearing the decks for one more reservation criteria.

The tricky issue of defining the criteria for the economically backward classes and the quantum of reservation for them would be decided after eliciting the views of all States and the Union Territories. For this purpose, the Cabinet decided to appoint a national commission for working out the modalities — in consultation with the States and Union Territories — to recommend steps to be taken for the advancement of such categories of citizens.

The significance of today's announcement for a proposed quota for the EBCs can hardly be missed in a year when elections to five State Assemblies are scheduled in November.

The issue of reservation had generated an intense debate in political circles as the major parties — Congress and the BJP — have made all-out efforts to dangle sops to the electorate, particularly in Rajasthan. Besides Rajasthan, elections are also due in Delhi, Rajasthan, Chhattisgarh and Mizoram.

Briefing newspersons after the Cabinet meeting, the Union Health and Parliamentary Affairs Minister, Sushma Swaraj, said that Articles 15 (4) and 16 (4) would be amended to include the words ``economically backward class'' .

Giving the background of reservation for the EBCs, she said the Supreme Court, in its judgment in the case of Indira Sawhney and others, had upheld the 27 per cent reservation for the Other Backward Classes (OBCs) and declared that 10 per cent reservation for EBCs as Constitutionally invalid stating that Article 16 of the Constitution provided for reservation for the socially and educationally backward classes only. Economic backwardness was not the criterion. The apex court had further ruled that reservation under Clause 4 of Article 16 of the Constitution should not exceed 50 per cent.

To overcome the constraining factor emerging from the Supreme Court judgment, the Attorney-General had suggested amendment to clause 4 of Article 15 as well as clause 4 of Article 16 to include a reference to the EBCs and another amendment to provide for more than 50 per cent reservation in services by including a suitable clause under Article 16 of the Constitution.

The Group of Ministers (GoM), set up in August 2003, had detailed discussions on September 8 and decided that, in principle, approval of the Union Cabinet should be sought to the proposed reservation for the EBCs.Ms. Swaraj said the Commission would consist of a full-time Chairperson, preferably a retired Supreme Court or High Court judge, four members and a secretary. The members would be eminent persons with knowledge of the socio-economic problems of the EBCs. One of the members would be an expert in legal matters. The terms of reference were to elicit the view of the States and the Union Territories, to recommend the quantum of reservation and to suggest the criteria for identification of the EBCs. The Commission would submit its recommendations within one year.

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