Enforce reservation in pvt sector: GoM

Amend Constitution, the group tells govt

A Group of Ministers (GoM) has recommended a constitutional amendment to enforce job reservation for SCs, STs and backward castes in the private sector.

The Ministry of Social Justice and Empowerment has forwarded the GoM's report, submitted last month, along with its comments for a likely Cabinet discussion in April.

The UPA government had promised reservation in jobs in the private sector in its common minimum programme. Accordingly, the social justice ministry began talks with voluntary groups, industry and legal aid groups. In meetings with Social Justice Minister Meira Kumar, the industry leaders promised voluntary action and then followed it up with some steps for training and recruiting people from weaker sections of society

However, the GoM felt that industry was not "really interested in giving jobs" to socially oppressed sections and a law to enforce reservation was needed.

Legal luminaries like Fali Nariman and Justice K Ramaswamy advised the GoM that as such a law would violate fundamental rights relating to employment, there was a need to amend the Constitution. The Constitution only has enabling provisions under Article 16(4) relating to reservations in employment that can be applied depending on conditions and circumstances.

During talks, Ficci suggested a medium and long-term plan for developing the skills of backward castes through government and private partnerships, development of entrepreneurship with financial institutions supplying capital to vulnerable groups and preference in awarding of government licences and contracts. Ficci wanted reservation to be made voluntary with substitutive incentives to the companies in the form of tax breaks.

The PHD Chamber of Commerce and Industry suggested educational support, special vocational programmes and incentives to companies.

CII sought voluntary preference in employment and focus on economically backward sections irrespective of caste, creed or religion. It stressed improving employability and building capacity for self-sustaining ventures.

However, the GoM, headed by Sharad Pawar and having Meira Kumar, Ram Vilas Paswan, Lalu Prasad Yadav, P Chidambaram and Kamal Nath as members, is in favour of a constitutional amendment.

The Left parties have said that they support reservation in the private sector. A constitutional amendment Bill needs a two-third majority. The NDA's position is not known.