Ahmedabad, Jan 7 (PTI) The Gujarat BJP Monday welcomed the Centre's decision to give 10 per cent reservation to "economically weaker" sections from the general category even as an ordinance on the same issue brought by the state government in 2016 during the Patel quota stir was quashed by the high court.
The state's BJP government had issued an ordinance for 10 per cent quota for economically weaker sections among upper castes in May 2016, but the Gujarat High Court had quashed it in just three months, calling it "unconstitutional".
The ruling party Monday termed the Narendra Modi government's decision to provide quota in jobs and education to the poor in the general category as historic.
"This is a historic decision by the Narendra Modi government at the Centre," state BJP vice-president I K Jadeja told reporters.
"This will address aspirations of weaker sections among the upper class," he said.
The former Gujarat minister rejected the Congress's criticism over the issue.
"The Congress is feeling pain due to this decision.
It is in power in various states. Has it implemented such a decision in any of the state where it is in power? The answer is no.
"They do not have right to criticise it," Jadeja said when asked that the Congress and Patidar quota leader Hardik Patel have termed the Centre's move as a "lollipop".
The May 2016 was brought when Anandiben Patel was Chief Minister of Gujarat.
The move was initiated by the BJP government after much deliberations and at a time when the Patel quota agitation was at its peak, but it failed to pass judicial scrutiny.
The Gujarat government had argued before the HC that it is not giving new reservation, but only classifying upper caste poor into a different category among the open category.
The HC, had, however quashed the ordinance, saying it is not a classification, as claimed by government, but it is indeed reservation.
The court had termed the move as "inappropriate" and "unconstitutional".
The state government later went in appeal in the Supreme Court against the HC verdict.
Hardik Patel sought to how the Modi government will implement the quota for the poor among upper castes.
"The Constitution provides for reservations on the basis of social backwardness only. Also, there is a cap of 50 per cent on reservations.
"In such a scenario, how will the government give reservations on economic basis?" Patel asked.
However, Jadeja said the Constitution will be amended to pave the way for granting quota to "economically weaker" sections from the general category.
The proposed reservation will be over and above the existing 50 per cent reservation enjoyed by the Scheduled Castes, Scheduled Tribes and the Other Backward Classes, taking the total reservation to 60 per cent.
BJP leader and Minister of State for Social Justice Vijay Sampla said the proposed law will help economically weaker upper caste sections whose annual earning is lower than Rs 8 lakhs and who possess less than 5 acres of land. It will not affect reservation of other categories, he added.
