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Congress: Parliament Should Pass Law on Quota to Exceed 50 Percent Cap

Congress emphasises the need for a Constitutional amendment to enable reservations for SCs, STs, and OBCs to exceed the current 50% limit

New Delhi: The Congress on Sun-day urged Parliament to pass a law enabling reservations to exceed the current 50 per cent cap. This call was made by Congress General Secretary Jairam Ramesh, who also took a veiled dig at the National Democratic Alliance (NDA) constituent Janata Dal (United) [JD(U)]. The demand from the Congress comes a day after JD(U) insisted that the quota increase in Bihar should be included in the Ninth Schedule of the Constitution. In a post on X, Jairam Ramesh highlighted that the Opposition party has consistently advocated for all state laws concerning reservations for Scheduled Castes (SCs), Scheduled Tribes (STs), and Other Backward Classes to be included in the Ninth Schedule, referencing a Tamil Nadu law from 1994 as a precedent. “It is a good thing that JD(U) has made the same demand in Patna yesterday. But its ally BJP, both in the state and at the Centre, is completely silent on this matter,” Ramesh stated. He further pointed out that merely including reservation laws exceeding the 50 per cent limit in the Ninth Schedule is not a comprehensive solution, citing a 2007 Supreme Court decision that subjects such laws to judicial review. Ramesh emphasised the need for a Constitutional amendment to address this issue. “In such a situation, the only way out is for the Parliament to pass a Constitution Amendment Bill which will enable the reservation for Scheduled Castes, Scheduled Tribes and all backward classes to exceed 50 per cent,” he asserted.

He noted that the 50 per cent limit is not explicitly mandated by the Constitution but has been established through various Supreme Court rulings. “This was and remains one of the main guarantees of the Indian National Congress for the Lok Sabha elections. Will the non-biological Prime Minister clear his stand? Our demand is that such a bill should be introduced in the next session of Parliament. JD(U) should not be limited to just passing resolutions,” Ramesh added, urging decisive action from both JD(U) and the BJP.

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