M.K. Stalin (File photo)
The Tamil Nadu Government on Saturday announced that it would not implement the 10 per cent reservation for Economically Weaker Sections (EWS) on the ground that it created caste discrimination among the poor. The meeting was boycotted by principal Opposition AIADMK and its ally BJP. The all-party meeting, chaired by chief minister M.K. Stalin, urged the state government to register its opinion when a review petition is filed against the November 8 five-judge Supreme Court bench verdict upholding the EWS reservation brought by the Centre. Stalin had earlier termed the top court, a “setback”.
Context
The Supreme Court’s reservation for EWS, especially for the forward castes, has sprung up a debate that it will only create further unequal social structures. Those opposing it maintained that upholding quota for EWS doesn’t take it consideration social backwardness, which is a result of centuries-old accumulated injustice. The DMK, Viduthalai Chiruthaigal Katchi (VCK), Rashtriya Janata Dal (RJD), All India Majlis-e-Ittehadul Muslimeen (AIMIM), and Indian Union Muslim League (IUML) oppose the move in Parliament. Those opposing it are of the view that “affirmative action cannot depend solely on economic criteria as evidently economic progression cannot undo the social fabric of caste-based Indian society.” The Supreme Court heard as many as 40 petitions against the amendment, including the lead one filed by ‘Janhit Abhiyan’ in 2019, which challenged the validity of the Constitution Amendment (103rd) Act 2019.
What is EWS quota?
Under EWS quota, “Persons belonging to the general category with an annual gross household income of up to Rs 8 lakh are eligible for the reservation, excluding families that own over 5 acres of agricultural land, a house over 1,000 square feet, a plot of over 100-yards in a notified municipal area or over a 200-yards plot in a non-notified municipal area.” The EWS quota is over and above the existing 50 percent reservation to SCs, STs, and Other Backward Classes (OBCs).
The Opposition in TN
The reason lies in TN’s history, the Dravidian parties’ ideologies, and the current political context. Dravida Munnetra Kazhagam (DMK), which had decided against implementing the EWS quota in Tamil Nadu, was one of the petitioners in the case that challenged the 103rd amendment. The DMK has now decided to file a review petition in the SC against the order. In fact, Tamil Nadu is the only state in the country that has managed to offer 69 percent reservation to Backward Classes (BC) despite the 50 percent cap on affirmative action, as mandated in the landmark judgment in the Indira Sawhney case of 1992, also known as the Mandal verdict. The DMK and Viduthalai Chiruthaigal Katchi (VCK) oppose the EWS judgment vociferously?
(With inputs from agencies)