Congress accuses Centre of taking away states' right on listing OBCs

The Congress on Saturday accused the BJP of assaulting the federal structure by taking away the power of the states to identify and list the other backward classes (OBCs).

Congress spokesperson Abhishek Singhvi said the BJP is now in a self-congratulatory mode and is "befooling" the country by creating a "false narrative".

He said the government through the support of the opposition got a constitutional amendment passed in Parliament for setting up of a backward classes commission at the national level on August 11, 2018.

During the passage of the constitution bill, the BJP government by inadvertence or oversight did not include the provision that enabled states to make their own state list of OBCs, he said

Singhvi said there were clear apprehensions during the debate in Parliament in this regard and the minister concerned assured the house that it is not the intention to take away the states' right.

"Due to your lack of attention to detail, you did not add a two line clarification that the creation of a national Commission does not mean that the states will not have its list of inclusion or exclusion at the state level," he alleged.

"Now, unfortunately your blunder is costing the country dear," he said.

Singhvi said the creation of a national Commission has been interpreted by the Supreme Court in its recent judgment as that the states will not have their own lists of OBCs and there will be only one list at the national level.

"Is it not a very serious assault on the fundamentals of federalism? It cuts at the root because nobody is disputing that the states always had the power. You should have put that clarification... this adds further insult to injury," the Congress leader alleged.

However, Minister of Social Justice and Empowerment Virendra Kumarhad told Rajya Sabha early this week that the Government is in consultation with legal experts and the Ministry of Law and examining ways to protect the power of the states in determining the State list of OBCs.

The Supreme Court court judgement "did not take into account the legislative intent as reflected in the debates in Parliament preceding the enactment of the Amendment, where it was declared unequivocally that the Amendment would not impinge upon States' powers to recognise and declare those classes in the state which were backward," the minister said in a written reply, while noting that a review petition has also been dismissed.

Singhvi's reaction came after the BJP alleged that the Congress did "nothing" for social justice and uplift of weaker sections during its rule, while hailing the Modi government for approving reservation for OBCs and EWS candidates in the all India quota for medical courses.

Underlining that the OBC Commission was given constitutional status by the Modi government, BJP leader and Union Minister Bhupender Yadav said the previous Congress-led UPA government did nothing on this front despite several reports given by various commissions.

Singhvi hit out at the BJP for its "self-congratulatory" stance on the issue.

"You can keep calling the glass one quarter full, but, what about the three quarters are empty? You made a national commission at the constitutional level for Backward Classes with our support and our instance, but, by the absence of clarification, you have taken away the entire states' powers and we are today suffering," he alleged.

Singhvi also accused the BJP of "misleading" the people of this country by giving this a "spin".

"Do not befool the people with self-congratulatory press conferences, which are comic, because they are, actually, hiding a blunder," the Congress leader said.