How, what next in Rajes quota gambit

Source: Indian Express

What is the background reservation for Economically Backward Classes (EBCs) in Rajasthan?
Fourteen per cent reservation for economically weaker sections among the forward castes was first
floated by the Ashok Gehlot-led Congress government in 2003. The government had forwarded the
proposal to the Atal Bihari Vajpayee-led NDA government at the Centre for implementation, since it
required a constitutional amendment.
With elections due that year in three states, and Lok Sabha elections scheduled the following year, the
BJP made serious efforts on its own for an EBC quota. Barely four days after the Gehlot cabinets
decision, a panel of senior BJP leaders led I. K Advani proposed the setting up of a national commission
within a week to look into the possibility of reservations for EWS among the forwards. However, the
Centre did not pursue the matter further, reportedly after Vajpayee was advised by Attorney General
Soli Sorabjee that quota for upper caste EWS was not constitutionally tenable.
In 2008, the Vasundhara Raje government passed the Rajasthan SC, ST, BC, SBC and EBC (Reservation of
Seats in Educational Institutions in the State and of Appointments and Posts in Services under the State)
Act, providing for 5% reservation to Gujjars, Banjaras, Raikas, Gadarias and Gadia Lohars, and 14% to the
poorer sections among forward castes. However, the implementation of the act was stayed by the High
Court in 2010.
In 2012, the Ashok Gehlot government attempted to give 5% reservation to the Special Backward
Classes (Gujjars and four other communities). In January 2013, the High Court retained 1% reservation
and stayed 4%.
Earlier this month, the Vasundhara Raje cabinet cleared two draft laws providing for reservations in
state government jobs to SBCs and EBCs, which include poorer sections among forward castes.
Following a 10-day Gujjar agitation, the government had on May 28 promised to bring the two laws.
What is likely to happen now?
Unlike the earlier attempt, the Raje government has this time piloted two separate Bills through the
Assembly, one each for SBC and EBC quota. The government hpes that the SBC Act would be able to
withstand judicial scrutiny, on the grounds of additional quota under exceptional circumstances a
point argued by senior lawyer Indira Jaising while defending the state governments 2012 Act. The EBC
Bill, however, has a slim chance of survival. Articles 330-342 under Part 16 of the Constitution outline
special provisions for certain classes. The Constitution identifies four such classes SCs, STs, Backward
Classes and Anglo Indians and the insertion of new classes like EBCs are likely to be deemed illegal,
experts say.

The state government could request the Centre to insert the two new quota Acts in the Ninth Schedule,
thus shielding them from judicial scrutiny. However, the Supreme Court, in I R Coelho State of Tamil
Nadu, ruled that laws that violated the basic structure of the Constitution would be open to judicial
review, including any law added to the Ninth Schedule after April 24, 1973.
An options before the government could be to subdivide the OBC into different lists, and provide
differential reservations, similar to what states like Haryana have done. However, the Jats most
dominant among the OBCs would strongly oppose such a step.