Online edition of India's National Newspaper
Friday, Oct 21, 2005
Online edition of India's National Newspaper Friday, Oct 21, 2005 |
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Tamil Nadu
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Chennai
V. Jayanth and S. Nagesh Kumar
CHENNAI: With Tamil Nadu slowly getting into election mode, the reservation issue, which has always been a sensitive and popular one, has surfaced with vigour again. Only this time, it is special reservation for the Muslims, following Andhra Pradesh's lead. While the DMK president M. Karunanidhi, has announced that if the opposition alliance is voted to power, it will provide for such a reservation, Chief Minister Jayalalithaa has chosen to be more cautious — she would rather wait to hear from the Supreme Court on the reservation case that is before the apex court.
Momentum
Till now, the focus of the reservation debate has been in the education sector, and recently it has gathered momentum in employment in the private sector. Close on the heels of Andhra Pradesh and Kerala, political parties here are now demanding special reservation for Muslims and the minorities. Participating in an iftar last week, Mr. Karunanidhi gave that assurance to the Muslims. Later, when asked about the ruling AIADMK's stand, Ms. Jayalalithaa said her Government would like to wait for the Supreme Court's verdict in the reservation case. Though the ceiling for reservation has been set at 50 per cent, it is 69 per cent in Tamil Nadu, which has been provided with some statutory backing with its inclusion in the ninth schedule. But it has no constitutional validity.
BJP criticism
The BJP has already criticised the "minorityism" of the Dravidian parties and asserted that any reservation on the basis of religion will be "illegal and unconstitutional." But in an election year, the two main contenders for power may be more flexible and willing to walk the extra mile to woo more voters. Legal circles here say that it may not be feasible to directly offer a quota for Muslims, but rather follow the Andhra Pradesh model and provide a "quota within the quota" for the backward classes. "When Tamil Nadu can provide a separate category for most backward, it can certainly accommodate any section or group within the backward category," explains a senior lawyer. Andhra Pradesh became the first State to provide reservations for Muslims. Its first attempt to implement it through an executive order failed as the High Court struck it down as ultra vires. But the court also suggested a way out as it observed that Muslims, as a group, were entitled to affirmative action or social reservation within the constitutional dispensation. It asked the Government to seek the opinion of the Backward Class Commission, which had no hesitation in recommending their inclusion, noting: "The pattern is very ominous; as the level of education increases, the Muslim participation is dwindling."
Bill
Armed with this report, the State Government promulgated an ordinance that was followed by a Bill to legislate on the matter and this was passed by the Assembly on October 5, with all the parties except the BJP supporting it. This has provided five per cent reservation for Muslims in educational institutions and in Government service. The reservation became possible by including Muslims in a new category, `E' in the list of backward classes, with the reservation consequently climbing to 51 per cent on the whole. Some sections of the Muslims are already among the backward classes. But a batch of writ petitions was filed in the High Court and its judgment is awaited.
Question
The question that will arise in Tamil Nadu is whether Muslims should be included within the existing quota, or should another 5 per cent be reserved for them? In that case, the total reservation will rise to 74 per cent. But if the reservation comes through, the notion that quotas are meant only for the Hindus will collapse. Simultaneously, the reserved category will reach levels unheard of till now.
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