10% reservation is against Constitution: BC panel chief

“The proposed Constitutional Amendment to provide 10% reservation to economically backward general category people is against the basic structure of the Constitution,” said H Kanatharaj, Chairman of Karnataka State Backward Class Commission.

Addressing a gathering during the state-level seminar on ‘Indian constitution - Social Justice and Social responsibilities’, here, on Saturday, he said, “So far, reservation for SCs, STs and Backward Classes was provided on the criteria of social and educational backwardness and not on economic backwardness. The 10% reservation bill is against the basic structure of the Constitution, because reservation is provided on the basis of financial conditions, which is against the principle of equality.”

The reservation of 10% is proposed under the 103rd Constitutional Amendment Act on the basis of Article 46. This is against the provisions of Article 46, he added.

“In several verdicts of the Supreme Court and high courts, it is stated that reservation solely on the basis of economic criteria is unconstitutional. Any reservation or facilities provided by considering the economic criteria is against the basic principles of Constitution,” Kantharaj said.

SC to dispose petition

The issue is before the Supreme Court now. The court has stated that it will not stay the 10% reservation law, but, has assured of disposing the petition soon. As per the various verdicts of the Supreme Court and knowledge on Constitution, 10% quota for the economically backward general category people would not stand judicial scrutiny, he said.

Though reservations are provided to SCs and STs, they have not crossed even 10% in the class ‘A’ and ‘B’ grade jobs, he pointed out.

Nidumamidi Mutt seer Veerabhadra Channamalla Swami said, “The people using their constitutional power should change the dictatorial powers, who are making an effort to change democracy and principles of the Constitution.”

Unprecedented incidents

“In recent days, the majority class people are under fear and confusion due to the unprecedented social and political change in the country. Such unprecedented incidents are a threat to the Constitution and democracy. The unexpected incidents which affect the Constitution is a matter of concern,” he said.

“The existence of democracy is because of the Constitution. Providing justice to all sections of the people and bringing the suppressed class to the mainstream is the essence of the Constitution. But, it is not happening. Many have not realised the power of the Constitution. It is important to understand the constitution and to implement it,” he said.

He said that experts should review the amendment and urged for a comprehensive reservation for the weaker sections in the society.

President of BDSA S P Sumanakshar, Raichur University special officer Muzaffar H Assadi, secretary of BDSA Subash H Kanade and vice president of BDSA-Karnataka K S Shivaram were present.