Barnala: Voicing state worries

Chennai, Jan. 20: Tamil Nadu today demanded a rewrite of the Constitution as its huge quota volume came under threat following a Supreme Court judgment last week.

The state provides for 69 per cent reservation in government jobs and education, flouting the 50 per cent ceiling the apex court had fixed in the early ’90s.

The Tamil Nadu quota law, passed in 1994, had been placed under the Constitution’s Ninth Schedule, a special parliamentary provision to keep laws out of the courts’ reach.

But on January 11, the court said this immunity was not absolute. Any law that endangered a basic feature of the Constitution, such as equality, could be struck down by judges even if it was listed under the Ninth Schedule.

With the apex court now set to hear legal challenges to the state’s quota volume, the DMK government today argued that unless the Constitution was revised to give states more powers, “social justice” would come under threat.

The rewrite demand came in governor S.S. Barnala’s pre-budget session address to the Assembly.

“This government urges the Union government that the Constitution of India should be rewritten afresh, having regard to the changing needs, while preserving the unity, integrity and sovereignty of the nation,” Barnala said.

Most parties, including ally Congress, avoided immediate reaction.

“The division of powers between the states and the Union (should be reviewed) to ensure that true and wholesome federalism prevails and the wheels of social justice revolve without any hindrance,” the governor said.

He cited how nearly 100 amendments had been made to the Constitution to meet emerging situations, and mentioned that several countries had rewritten their statutes “many a time”. Many jurists and political parties, too, have stressed the need for a revised Constitution, he said.

For now, Barnala said, the Centre should amend the Constitution to allow states to levy service tax keeping in mind the rapid increase in the services sector’s contribution to the GDP. The Centre alone can impose this tax now.

The state government praised the Centre for introducing the other backward classes quota in institutions of higher education. It urged Delhi to try and get the private sector to reserve jobs for the OBCs and Dalits.