Article 243-D authorises state govt to provide 42 pc BC quota: BJP MP Krishnaiah
However, 'we demand that the state government immediately conduct local body elections with 42 percent reservations for backward classes (BC), as promised by the Congress party following this ruling.'
Addressing the media on Thursday, Krishnaiah said that BJP state president G Kishan Reddy has already expressed his support for BC reservations, a stance that Prime Minister Narendra Modi has also made clear. The power to grant BC reservations and to conduct local body elections lies with the state government.
According to Article 243D of the Constitution, 'this authority belongs to the state. The government must exercise this power and implement BC reservations.'
The Congress party promised 42 percent BC reservations in the Kamareddy BC declaration and reiterated this commitment in its manifesto. Elections must be held in line with this promise, he demanded.
Some argue that the Supreme Court or the High Court will place a stay on this issue citing a '50 percent ceiling.' This is misleading and amounts to propaganda.
He recalled that the Supreme Court has previously indicated that reservations could be extended up to 60 percent through the EWS (Economically Weaker Sections) reservation. In earlier cases, the Supreme Court has commented that the 50 percent ceiling is not constitutionally mandated and can be exceeded if necessary.
The state government has established a dedicated commission, following the Supreme Court's guidelines, which has completed the BC population census. According to these findings, 'BCs constitute more than 42 percent of the population in the state.'
A law was also passed in the assembly supporting the 42 percent reservation for BCs. There are no constitutional or legal barriers preventing this.
'Article 243D grants the state government full authority in this matter. The Supreme Court's judgments and the Constitution do not impede the implementation of these reservations.'
The state government has enacted a law in the assembly, conducted a population census, and received a report from the dedicated commission. Therefore, there should be no obstacles to holding elections with 42 percent reservation.
The BJP is demanding the immediate implementation of the High Court's verdict, and that elections be held with a 42 percent reservation for the BCs as promised by the state government.
All BC associations, political parties, and various state governments are openly calling for local body elections to be held immediately, and there are no legal, constitutional, or procedural barriers for the state government in this issue. All parties supported the state government when it introduced the bill in the assembly concerning BC reservations.
There is no need to place the blame for BC reservations on the central government. It has been made clear that it will not obstruct this matter. The responsibility for formulating and implementing laws regarding reservations rests with the state government, which holds strong constitutional authority under Article 243-D.
The MP said that justice for the BCs can only be achieved if the state government immediately issues a government order (GO) on BC reservations and proceeds with elections featuring 42 percent reservations. The government must act urgently in this direction.
Krishnaiah mentioned that the delay in fee reimbursement from the State government is causing colleges to struggle with paying their lecturers' salaries. As a result, college management has been withholding original certificates and pressuring students to pay their fees. He urged the government to take the initiative to release the fee reimbursement arrears in two or three phases.
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