Since 2 years, Gujarat faced a number of agitations regarding the reservation for the Patidar community which was lead by Hardhik Patel. No one knew who was this man or what was his contribution towards the Patidars, but somehow the vested interest media gave him full publicity and made him popular overnight. The agitation at one point of time even turned violent with many people losing life.
Later investigations revealed that huge amount of money was poured into Patidar agitation from so called secular parties with a sole intention to divide the votes of Patidars and defeat BJP who have strong support of Patidars.
The Congress which wanted to use this opportunity to win Gujarat, joined hands with Hardhik Patel back doors promising Patidars about reservation. Their manifesto also mentioned a point saying they provide reservation for Patidar community.
But Harish Salve who submitted a legal opinion on the reservation formula to the Supreme Court, clearly mentioned why reservation is not a feasible option for the patidars and the promise Congress made was completely baseless and unconstitutional.
- Harish Salve says that Patidars are members of a caste which is neither included in the list of Scheduled Caste nor in the OBC list which makes the reservation unconstitutional. So the reservation based on caste becomes impermissible and invalid.
- A reservation which is excess of 50% become unconstitutional.
- He points that backwardness is not basis for relaxing the 50% limit and backwardness is the basis for reservation for backward classes. Only under extraordinary circumstance can 50% rule be relaxed.
- The Congress which had mentioned providing reservation under Article 31(c) is not possible as the immunity under this section is limited to laws that relate to Article 39(b) and (c). The Article 39(b) and (c) deals with limited immunity to those sections that seek remedy for economic inequalities and injustice.
- So, seeking reservation under article 31 (c) is not possible and kind of reservation above the 49% limit in any manner is not constitutionally valid.
Based on these observations, the Patidar community members themselves declared that Congress and Hardhik Patel misguided the community to gain political advantage. After this, the Congress removed their promise of reservation to Patidars from their manifesto.[media-credit id=3 align=”alignnone” width=”720″][/media-credit] [media-credit id=3 align=”alignnone” width=”720″][/media-credit] [media-credit id=3 align=”alignnone” width=”720″][/media-credit] [media-credit id=3 align=”alignnone” width=”720″][/media-credit]