<p>The ordinance promulgated by Karnataka Governor Thaawarchand Gehlot on the recommendation of the state cabinet to increase the reservation for Scheduled Castes (SC) and Scheduled Tribes (ST) by 6% in all, is a half-baked measure, which is bad in law and done without proper application of mind. The Governor has clearly failed in his constitutional duties by affixing his signature to the ordinance which fails to address substantive questions of law. Firstly, the government can resort to ordinances only if there is an urgent need for a particular law while the legislature is not in session to deal with the matter. There is no such urgency in the matter of reservation, which is the subject of this ordinance. There would be no harm if the government waited for the next Assembly session to introduce a bill and have it passed. As it stands now, the ordinance is only a ploy to fool people. The Justice Nagamohan Das Commission had recommended an increase in reservations. But there is no clarity as to what data was relied upon to arrive at the 2% increase in the quota for SCs and 4% rise for STs. These increases mean that the overall quota will now go up to 56%, breaching the 50% cap imposed by the apex court. The ordinance makes no mention of how the government will satisfy the Supreme Court on this.</p>.<p>The Bommai government has shown itself to be in an undue hurry to get an ordinance promulgated perhaps because it wanted to deflect the increasing criticism, not just from the Opposition but from within the ruling BJP, over charges of corruption and maladministration. The right course of action for the government would have been to place a bill before the legislature and get it passed after a thorough discussion, considering the legal, social and economic ramifications involved, rather than taking the ordinance route. Even then, it would have been incumbent upon the Governor to reserve the bill for the President’s consideration as it would be in variance with constitutional provisions and court orders. There are many communities that are demanding a slice of the quota pie now. The ordinance is not clear on how the existing reservations will be rejigged. The fallout of the ordinance will be a reduction by 6% in the number of seats available in educational institutions and government jobs for general merit candidates. The ordinance is silent about this too.</p>.<p>The Governor should have returned the ordinance for the cabinet’s reconsideration since it suffers from legal infirmities. By signing it without due consideration for the issues involved, the Governor has acted as a rubber stamp of the government instead of being the custodian of the Constitution.</p>
<p>The ordinance promulgated by Karnataka Governor Thaawarchand Gehlot on the recommendation of the state cabinet to increase the reservation for Scheduled Castes (SC) and Scheduled Tribes (ST) by 6% in all, is a half-baked measure, which is bad in law and done without proper application of mind. The Governor has clearly failed in his constitutional duties by affixing his signature to the ordinance which fails to address substantive questions of law. Firstly, the government can resort to ordinances only if there is an urgent need for a particular law while the legislature is not in session to deal with the matter. There is no such urgency in the matter of reservation, which is the subject of this ordinance. There would be no harm if the government waited for the next Assembly session to introduce a bill and have it passed. As it stands now, the ordinance is only a ploy to fool people. The Justice Nagamohan Das Commission had recommended an increase in reservations. But there is no clarity as to what data was relied upon to arrive at the 2% increase in the quota for SCs and 4% rise for STs. These increases mean that the overall quota will now go up to 56%, breaching the 50% cap imposed by the apex court. The ordinance makes no mention of how the government will satisfy the Supreme Court on this.</p>.<p>The Bommai government has shown itself to be in an undue hurry to get an ordinance promulgated perhaps because it wanted to deflect the increasing criticism, not just from the Opposition but from within the ruling BJP, over charges of corruption and maladministration. The right course of action for the government would have been to place a bill before the legislature and get it passed after a thorough discussion, considering the legal, social and economic ramifications involved, rather than taking the ordinance route. Even then, it would have been incumbent upon the Governor to reserve the bill for the President’s consideration as it would be in variance with constitutional provisions and court orders. There are many communities that are demanding a slice of the quota pie now. The ordinance is not clear on how the existing reservations will be rejigged. The fallout of the ordinance will be a reduction by 6% in the number of seats available in educational institutions and government jobs for general merit candidates. The ordinance is silent about this too.</p>.<p>The Governor should have returned the ordinance for the cabinet’s reconsideration since it suffers from legal infirmities. By signing it without due consideration for the issues involved, the Governor has acted as a rubber stamp of the government instead of being the custodian of the Constitution.</p>
