Reservation issue may pose headache for Karnataka government

BENGALURU: The decision of the previous BJP government to scrap 4% reservation for Muslims, which was distributed equally between Lingayats and Vokkaligas, the two politically dominant communities in the state, could turn into a vexing problem for the new Congress government.
In its manifesto, Congress promised to increase overall reservation to 75% — well beyond the Supreme Court’s ceiling of 50% — to accommodate SCs, STs, OBCs, and minorities besides restoring the quota for Muslims.It also promised to ensure the decision is included in the 9th Schedule of the Constitution to protect it from judicial review.
“We must handle the issue carefully as a wrong move may trigger upheaval,” said a senior Congress functionary.
A misstep on the issue could also play into BJP’s hands. Union home minister Amit Shah, while campaigning ahead of assembly polls, had repeatedly said reservation for Muslims was “unconstitutional” as there is “no provision for quota based on religion”.
“Congress introduced reservation for Muslims to consolidate its vote bank under appeasement politics, but we removed it,” Shah had said. “They must clarify whose quota they will cut if they restore the quota for Muslims. ”
Incidentally, the Supreme Court is hearing a petition on the issue and Congress functionaries said the government will not make a move until the court delivers a verdict.
While hearing arguments on the issue last month, the Supreme Court had said the decision of the BJP government was “prima facie shaky and flawed”. The bench restrained politicians from making public statements on the issue and directed status quo to be maintained. It said the interim order passed in the last hearing would continue until further orders. The next hearing is listed for July.
Already, overall reservation in Karnataka stands at 56% and despite several reports from commissions and committees besides judicial pronouncements, no satisfactory solution to the problem of hiking overall quota beyond 50% has emerged.
Last year, the Union government told the Supreme Court that the 50% cap is “not sacrosanct” while defending a central law on 10% quota benefits for economically weaker sections. This stand was expected to bring about a paradigm change in reservations.
But states have been prevented from enforcing quotas that take the proportion beyond the 50% mark laid down by the court in 1992 although Tamil Nadu passed a law in 1994 to exceed the 50% mark and placed it under the 9th Schedule of the Constitution. It has had 69% reservation since 1989 and 68% since 1980.
Chief minister Siddaramaiah had earlier said his government will increase reservation, citing the Indira Sawhney case. “It can be increased under special circumstances. . . We will increase it to 75% and accommodate everyone based on population,” he said.
But Vishwas Shetty, a political commentator, said: “It’s easier said than done. Congress will face difficulties since the Centre may not collaborate in all its actions. ”