Congress Renews Call to Remove 50% Cap on Reservations, Demands Timeline for Caste Census

New Delhi: The Congress on Monday (April 5) reiterated its demand for the implementation of reservations in private educational institutions under Article 15(5) of the Constitution, removal of the 50% cap on reservations, along with a timeline for the rollout of the caste census.

Addressing a press conference in New Delhi, Congress OBC department chairperson Anil Jaihind said that the BJP-led Union government had put a lock on Article 15(5) for the last 11 years despite Prime Minister Narendra Modi calling himself an OBC leader.

Jaihind said that under former Prime Minister Manmohan Singh when Arjun Singh was the education minister, the 93rd Amendment of the Constitution was passed and Article 15(5) added to it.

"At that time, this reservation was implemented in government institutions like Delhi University, IIT, IIMs. But people of private institutions took it to the court, where the case continued," he said.

He said that in 2014, it was settled that the government can give reservations to SC/ST and socially and educationally backward communities.

"This is part of our constitution for the last 11 years. A legislation is required for this. But the Modi government has still not brought this legislation. And in this way 100 crore people from SC/ST and OBC communities have not got this reservation in educational institutions," he said.

"Modi calls himself an OBC but for the last 11 years he has put a lock on this and about 100 crore people from Dalit, tribal and backward communities are being deprived from this constitutional provision," he added.

In a statement, Congress MP and the party’s general secretary media and communications, Jairam Ramesh said that Article 15(4) which gives the state the constitutional powers for "making special provisions for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes” was brought because “on April 9, 1951, the Supreme Court had struck down reservations in the famous State of Madras vs Smt. Champakam Dorairajan case.”

“The First Amendment had also introduced the Ninth Schedule to protect land reform laws from judicial review. This had become necessary since the Courts were striking down Zamindari abolition laws.”

Ramesh said that the select committee on the bill was headed by then Prime Minister Jawaharlal Nehru and included B.R. Ambedkar but also Syama Prasad Mookerjee, who had given a dissent note.

“All this history is now forgotten. The Select Committee on the Bill had been chaired by none other than the-then PM himself and had included C. Rajagopalachari and Dr. Ambedkar. It also had Dr. Syama Prasad Mookerjee as a member but he submitted a dissent note,” he said.

At the press conference, the Congress’ SC department chairperson Rajesh Lilothia who was also at the press conference along with Jaihind and Vikrant Bhuria, Congress’ Adivasi department chief said that the party will continue its demand for the removal of the 50% ceiling on reservations.

"Congress Party wants the 50% limit on reservation should be abolished – this is the biggest obstacle to social justice. Just like Rahul Gandhi and the Congress party forced the government to conduct caste census, we will also get this 50% limit on reservation removed," said Lilothia.

Lilothia said that the Modi government by bringing the 10% reservation for Economically Weaker Sections (EWS) had shown that the 50% reservation can be removed as it had also been upheld by the Supreme Court.

"The Modi government has announced the caste census, but our demand is that its complete timeline should be disclosed. Along with this, the entire format of the caste census should be discussed," he said.