The Hindu : National : Centre yet to decide on private sector quota law

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Centre yet to decide on private sector quota law

Legal Correspondent

Concurs with Attorney General

New Delhi : The Union Government has concurred with the opinion of the Attorney General Milon K. Banerjee that a Central law cannot be enacted to provide reservation for the Scheduled Castes and the Scheduled Tribes in private sector jobs, within the existing provisions of the Constitution.

The Government stated this in its action taken report (ATR) placed in the Lok Sabha on Wednesday relating to the Ministry of Social Justice and Empowerment. The ATR was prepared after considering both the AG's opinion and the recommendations of the parliamentary committee for enactment of a law for bringing the private sector under the gamut of reservation.

The ATR said the matter was taken up with the Union Law Ministry for greater in-depth examination of the entire issue in the overall context of the views expressed by the Attorney General and the parliamentary committee. The Government said that two courses were available — to amend the Constitution for the purpose to enact a law and place the same in the Ninth Schedule of the Constitution to keep it beyond judicial review. A final view was yet to be taken, it said.

The AG opined that the question whether a Central law could be enacted to provide quota for the SC/STs in the private sector "was referred to me earlier also, during my previous tenure as AG on January 22, 1993."

"In my opinion on March 30, 1993, I had concluded that I am of the opinion that legislation for providing reservation in the private sector is constitutionally not in order. I do not see any reason nor any cogent material has been brought to my notice for taking a different view from what I have already opined on March 30, 1993."

The AG drew the Government's attention that a central legislation, viz The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, which was enacted subsequent to his opinion also did not provide for reservation of jobs in private sector for physically challenged persons. He said "section 33 of the said Act provides for reservation of posts in government establishments or departments and not in private sector."

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