Religion, Caste And Tribe Based Reservation - 3

[Guest]

I told everyone when this garbage came into power. Remember this is only PAUSE... When all this anger in middle class subside, this Un Principled Alliance will be out to DESTROY India again this time attacking private sector growth.

--------------------------------------------------------------------------------------------


http://www.indianexpress.com/story/5664.html

PM presses pause on pvt job quotas
Varghese K George
Posted online: Saturday, June 03, 2006 at 0000 hrs Print Email
Reservation: Cabinet Secretariat sends GoM report back saying it needs revision given ‘recent development’

GoM may need to rewrite
Related Stories

Striking differenceWe’ll enhance seat capacity gradually: MoilyWe’ll enhance seat capacity gradually: MoilySC fixes June 12 for quota hearingFor best results, begin at the base

New Delhi, June 2:Its fingers singed firefighting the 27% OBC quota controversy, the government has decided to avoid picking up the other much larger hot potato—the Group of Ministers’ report on job reservations in the private sector.

On May 18, the GoM, led by Agriculture Minister Sharad Pawar and set up in September 2004, sent its report to the Cabinet Secretariat that the Constitution needs to be amended to bring this about. It also admitted that a decision was beyond the GoM since it was such a sensitive issue and the allies needed to be brought into the loop.

On May 28, the Cabinet Secretariat returned this GoM report to the Ministry of Social Justice, effectively delaying its consideration by the Cabinet.

The reason, according to a government note: the Prime Minister’s office has asked the Ministry to “revise the present note, keeping in view the recent development.”

That’s an apparent reference to the current quota debate and the decision to implement it along with seat upgrade in Central institutions.

On several occasions, the Prime Minister has called for “voluntary action” by the corporate sector on affirmative action rather than imposing quotas. But given the charged political climate in the wake of the OBC debate, the government has chosen not to open a new can of worms—at least for now.

Senior government sources said that now the GoM report can be sent to the Cabinet only after the Prime Minister’s views are considered as well. Sources said it’s not clear who will make the changes or what kind of changes will be made.

Saying that “it is not possible to provide quotas without amending the constitution,” the GoM, set up in September 2004, had underlined: “The political desirability, political feasibility and legality of amending the constitution need to be carefully considered in consultation with UPA constituents.”

And added that given the “sensitive issues” involved, a final decision was beyond the “remit of the Group.”

Any discussion in the Cabinet on private sector reservation will predictably go along the lines of the recent discussion with UPA partners on OBC quotas where regional parties have taken an aggressive stance, shrinking all options for negotiation for the Prime Minister.

Private sector quotas: Problems, Attorney General had said; agreed Fali Nariman

• Fali Nariman: Law for quotas in private sector not valid under existing provisions of the Constitution. Also, tough to justify given that SC/ST quotas in Govt not filled.

• Justice (retd) K Ramaswamy: Change the Constitution to bring employment of SC/STs in private sector in Article 16 (equality of opportunity). Also define pvt sector under Article 366.

• Attorney General Milon Banerjee: Law constitutionally not in order. Example: Persons with Disabilities Act, 1995, provides for reservation of jobs in the government but not in the private sector for physically challenged persons

• Ministry of Law and Justice: Either amend the constitution or make a law and place it in Ninth Schedule, beyond judicial review.