Vanniyakula unconstitutional: Madras High Court reservation
Madras High Court recently declared
unconstitutional the reservation bill passed by the Tamil Nadu Legislative
Assembly.
The bill envisages giving 10.5 per cent internal reserve to the Vanniyakula Kshatriya community within the 20 per cent stipulated for the most backward classes (MBCs) in education and public employment.
Back to basics: About Vanniyakula Kshatriya Reserve
The reservation was made under the State for the Most Backward Classes and Related Communities Act, 2021.
These included Vaniyakula Kshatriyas (including Vaniyar, Vaniya, Vaniya Goundar, Goundar or Kandar, Padiya, Palli and Agnikul Kshatriya).
In 1983, the Second Tamil Nadu Backward Commission admitted that the population of Vanniyakula Kshatriyas was 13.01% of the total population of the state.
Therefore, the provision of 10.5 per cent reservation to a community of 13.01 per cent of the population cannot be considered disproportionate.
The basis for challenging the bill
It was challenged in February 2021 after the bill was passed hours before the Model Code of Conduct (MCC) came into force in the state.
The petitioner further argued that the law was politically motivated and the law was passed in a hurry.
Argument of Tamil Nadu Government
In democratic politics, the elected government cannot be prevented from exercising its power to make any bill into law during its tenure. The state government has the power to complete the referendum till the last minute.
In 2020, a commission headed by a retired High Court judge A Kulsekaran was constituted to collect quantitative data on castes, communities and tribes in the state within six months.
The Tamil Nadu government admitted that the commission had not submitted any report during its tenure.
In addition, the state government had referred to a law of 2007, which gave separate reservations to backward class Muslims in the state, on the basis of which the state government was also empowered to pass such a bill.
Ideal Code of Conduct
The Model Code of Conduct (MCC) is a set of guidelines issued by the Election Commission to control political parties and their candidates before elections and to ensure free and fair elections.
The Model Code of Conduct (MCC) is in accordance with Article 324 of the Constitution of India, which empowers the Election Commission (EC) to monitor and conduct free and fair elections in Parliament and state legislatures.
As per the rules, the code of conduct comes into force from the date of election announcement by the Election Commission and remains in force till the date of announcement of election results.
Development
The Model Code of Conduct was first introduced during the Kerala Assembly elections in 1960, when the state administration drafted a 'Code of Conduct' for political partners.
Since the Election Commission (EC) sent a draft code of conduct to all recognized political parties and state governments in the 1962 Lok Sabha elections, it has been followed by all political parties across the country.
Constitutional provisions for elections
Part of the Indian Constitution deals with the 16th elections and establishes a commission for these matters.
The Election Commission was established on January 25, 1950 in accordance with the Constitution.
Articles 324 to 329 of the Constitution deal with powers, functions, tenure, rights, etc.
Election related article
Article 324: To establish purpose, direction and control of elections in the Election Commission.
Article 325: Claiming to be included or included in a particular voter list by any person on the basis of religion, origin, caste or gender.
Article 326: Lok Sabha and State Assembly elections will be held on the basis of adult suffrage.
Article 327: Parliament shall make provision for the election of the Legislative Assembly.
Article 328: Power of State Legislative Assembly to make provisions in respect of election of such Legislative Assemblies.
Article 329: Prohibition of interference of courts in electoral matters.
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