LS passes reservation Bill
Tribune News Service

NEW DELHI, Oct 27 — The Lok Sabha today unanimously passed the Constitution (84th Amendment) Bill, 1999, providing for the extension of the reservation policy for another ten years, beginning January 25, 2000.

Being an amendment to the Constitution, the Bill, sent to the Rajya Sabha for consideration, was put to vote in the Lok Sabha this evening and all the 383 members present in the House unanimously approved it.

The passage of the Bill was preceded by a nearly three-hour debate, in which 20 members participated, and at the end of it there was no difference of opinion on extending the reservation policy.

The House also amended Article 334 of the Constitution to substitute "fifty years" with the words "sixty years".

Article 334 of the Constitution lays down that the provision of the Constitution relating to the reservation of seats for the Scheduled Castes and the Scheduled Tribes and the representation of the Anglo-Indian community by nomination in the Lok Sabha and legislative assemblies of the states would cease to have effect on the expiration of a period of fifty years from the commencement of the Constitution.

According to the statement of objects and reasons of the Bill, although the Scheduled Castes and Scheduled Tribes have made considerable progress in the last 50 years, the reasons which weighed with the Constituent Assembly in making provisions with regard to the reservation of seats and nomination of members have not ceased to exist.

It is estimated that the recurring expenditure on the salaries and allowances and other concessions of the two representatives of the Anglo-Indian community in the Lok Sabha under Article 331 would be of the order of Rs 8 lakh per annum.

Summing up the debate, the Union Law Minister, Mr Ram Jethmalani, said there was unanimity among the members that the original compulsions which compelled the Constitution makers to provide for reservation for SC and STs existed even today.

There were however, differences among the members about the achievement of the policy in the last 50 years. Several members felt that there was a need for a wider base to ensure the spread of benefits amongst the people.

Taking objection to several remarks made by members, including those of the Bahujan Samaj Party and the Samajwadi Party, accusing the ruling party of being "Manuvadi", Mr Jethmalani said since all the members had sworn by the Constitution, which provides for dignity and equality, it was unfortunate to characterise them as "Manuvadi".

He said though Manusmriti was considered a scripture, it goes to the credit of India’s secularism and the Hindu mind, that it had allowed the inconsistent portions to be repealed by legislation. He said even other portions of the Manusmriti which were inconsistent with Indian thinking should be proscribed. For this to be achieved, there was a need for all sections of society to join in to put together a "Republic religion of India", Mr Jethmalani said amidst thumping of desks by members.

On the charge of the Congress members that nothing had been achieved by the reservation policy over the last 50 years, Mr Jethmalani said he did not want to politicise the issue. However, he pointed out that the Congress was governing the country for 45 years.

Agreeing with the CPM member, Ms Geeta Mukherjee’s observation that there should be a predominance of "Saraswati over Lakshmi", Mr Jethmalani said education was the main solution for removing disparities in the society. Education for all was the key to solve all subordinate problems, he added.

On the disapproval of a section of the society of the reservation policy on the ground that merit should have predominance, Mr Jethmalani said merit could not be defined.

He said it was society’s attitude that defined merit and it was difficult to say whether a successful lawyer was more important or a successful sweeper.

Today’s society had to pay for the wrong committed by its ancestors, he said hoping that in the next ten years the country, by putting together all its resources, could achieve what had not been achieved in the last 50 years.

The Minister said he would convene a national convention for a detailed debate on the subject and take subsequent steps to make the policy more effective.

The Prime Minister, Mr Atal Behari Vajpayee, and the Leader of the Opposition, Mrs Sonia Gandhi, were among those present at the time of voting.

Earlier, several members led by Mr Buta Singh of the Congress made a scathing attack on two recent Supreme Court judgements concerning reservations for SCs and ST. Mr Singh said the apex court orders were very dangerous for the weaker sections.

Members also demanded withdrawal of five controversial official memoranda issued during the tenure of the Gujral Government saying they went against the basic principles of reservation policy.