Chhattisgarh govt sends reply to queries by guv on Reservation Bill amid standoff with Raj Bhavan

The reservation bill was pending the approval of the Chhattisgarh governor, who had sought details on 10 points from CM Bhupesh Baghel-led government.

Chhattisgarh Chief Minster Bhupesh Baghel (File Photo)

By India Today Web Desk: Chief Minister Bhupesh Baghel-led Chhattisgarh government replied to a batch of 10 questions posed by Governor Anusiya Uikey pertaining to reservations in the state. On Sunday, CM Baghel said that Chhattisgarh has submitted its reply to queries raised by the governor on two amendment bills in connection with an overall increase in the state to 76 per cent.

CM Baghel told reporters that the governor may now give her nod as she had said that she would do so, once the government submitted its replies to ten questions. The bills were pending the approval of the Governor, who had sought details on 10 points from the CM Baghel-led government.

The chief minister said, “The reply has been sent to the Governor. There is no such arrangement in the Constitution, but the Governor has sought details from departments and the answer has been submitted. Now she should give her assent to the bills.”

WHAT IS THE BILL?

The State Assembly passed the Chhattisgarh Public Service (Scheduled Caste, Scheduled Tribes and Other Backward Classes Reservation) Amendment Bill and the Chhattisgarh Educational Institutions (Reservation in Admission) Amendment Bill, with regards to reservations/quotas in government jobs and admission in educational institutions.

As per the Bill, the Scheduled Tribes will be accorded a quota of 32 per cent, Other Backward Classes (OBCs) 27 per cent, Scheduled Castes 13 per cent, and four per cent for the Economically Weaker Sections (EWS) in government jobs and during admissions in educational institutions.

The issue of reservations surfaced after the Chhattisgarh High Court set aside the Raman Singh-headed state government’s 2012 order to raise the quota to 58 per cent in government jobs and admissions in educational institutions, observing that the quota exceeding the 50 per cent ceiling was unconstitutional.

The quota for tribals declined to 20 per cent from 32 per cent following the order, thus, calling for protests by communities in the state.

Meanwhile, Bharatiya Janata Party MLA Brijmohan Agrawal said the state government should make its reply to the governor public.

WHAT DID CHHATTISGARH GOVERNOR ASK?

The Chhattisgarh governor sought replies to the following 10 queries:

• Quantitative details (data) were collected in relation to Scheduled Tribes and Scheduled Castes before passing serial numbers 18-19 in the amended bill. According to the Indra Sawhney case in the Supreme Court, reservations can be given only in more than 50 per cent special and compelling circumstances. So what is the description of the said special binding circumstance?
• The state government sent details in eight tables to the high court on 19 September 2022, in which the court said that no such special case is made and that more than 50 per cent reservation should be given. What special circumstances arose after this decision, due to which the limit of reservation was increased?
• In the case of Indra Sahni in the Supreme Court, it was said that SC-STs come under socially, economically and educationally backward citizens. How are the SC-ST people of the state backward in this regard?
• The percentage of reservations in Maharashtra, Tamil Nadu and Karnataka is mentioned in the Council of Ministers. The commission was constituted before more than 50 per cent of reservations were made in these states. Which committee was constituted for this in Chhattisgarh?
• The General Administration Department has mentioned the constitution of the Quantifiable Data Commission, whose report is with the government. Why was this report not presented in the Raj Bhavan?
• The General Administration Department has written that the opinion of the Law and Legislative Affairs Department of the Government is expected in relation to the departmental proposal, that is, the proposed amendment. What is the opinion of the Law and Legislative Affairs Department of the government on the proposed amendment to the Chhattisgarh Public Service Act?
• Provision has been made to give a 4 per cent reservation to the economically weaker section by setting up a new section in the bill.
• Should the government have brought a separate act for the economically weaker sections under Article 16(6) of the Constitution?
• The state government has told the high court that SC-ST people are being selected in small numbers. In such a situation, explain why SC-STs are not getting selected for services in the state.
• Provision has been made for 10-32 for ST, 27 for OBC, and 13 for SC, thus a total of 72 per cent reservations. By implementing this reservation, the efficiency of the administration has been taken care of and whether any survey has been done in this regard?

(WITH INPUTS FROM PRAKASH TIWARI)