Pushback from the South prompts Congress to rethink stance on SC judgement upholding EWS quota

Congress had issued a statement welcoming the judgement on November 7 and even sought to take credit for the initiative

After a backlash from a section of leaders and a pushback by allies DMK and RJD for its hurried endorsement, the Congress has decided to undertake a "political review" of the Supreme Court judgement upholding quota for economically weaker sections (EWS) while excluding SCs, STs and OBCs keeping "sentiments" in south India in mind.

Sources said party president Mallikarjun Kharge and others are studying the "social and political impact" of the judgement on EWS quota while senior leaders P Chidambaram and Abhishek Manu Singhvi have been tasked to look at the "legal angle" to enable the party to nuance its stand, after several leaders, particularly those from Tamil Nadu came out in open against the initial party line.

Also read | All-party meet in Tamil Nadu rejects 10% EWS quota; to file review petition against SC verdict

On November 7, Congress issued a statement welcoming the judgement and even sought to take credit for the initiative by suggesting that the Constitutional amendment was the result of a process initiated by the Manmohan Singh government that culminated in 2014 but the Modi government took another five years to implement it.

However, leaders like Chidambaram and others had raised concerns about the judgement while allies like DMK and RJD, whose political plank rests on the concept of social justice, outrightly opposed it. DMK is now planning to file a review petition.

"In a 3-2 judgement, the Supreme Court upheld the 103rd Amendment to the Constitution passed by Parliament in January 2019. All five judges have upheld the amendment to the extent that it provides for reservations for the EWS category. Three judges have opined that the EWS category could exclude SCs, STs and OBCs. Each of them has given different reasons for their respective position," Congress General Secretary (Communications) Jairam Ramesh told reporters.

"A large number of issues have been raised by each of the five judges. The Congress Party is now studying them in detail," he said. "The Congress has since 2004 been supporting reservation in education and employment for "economically weaker sections in all communities without disturbing existing quota for SCs, STs and OBCs", he added, citing party manifestos of 2009 and 2014 to highlight the party position.

Read | Activists, social groups, Twitterati express mixed views on SC's EWS verdict

Congress sources said the judgement has created a large discontent in south India, especially in Tamil Nadu and Karnataka, and this has prompted a rethink in the party to nuance its stand.

There is a feeling in the party that the leadership rushed to welcome it without looking at political implications and applying its mind. "While upholding the EWS concept, the exclusion of SCs, STs and OBCs have become controversial. The party has tied itself in knots," a senior leader said.

When asked whether the Congress is rethinking its position, Ramesh said, “I won’t call this a rethink but a deeper thinking.We are a national party. We are respectful and sensitive to the sentiments of all states. We have to work out a balance.”

While acknowledging that there are differences in the party on the issue, a senior leader said that there are several inconsistencies in the judgement and cited how one could implement EWS quota in a north-eastern state like Meghalaya where almost all people in the state are scheduled tribes.