LDF to discuss creamy layer issue

By C. Gouridasan Nair

THIRUVANANTHAPURAM, JAN. 6. The State committee of the ruling LDF is meeting here tomorrow to discuss the implications of the Supreme Court verdict in the ``creamy layer'' issue and give finishing touches to the long-pending action plan for the three- and-a- half-year-old LDF Government. The LDF leadership does not have much leeway given the character of the Supreme Court verdict on the creamy layer question. It has only two options: either seek a review of the Supreme Court decision nullifying the Kerala State Backward Classes (Reservation of posts in services under the State), 1995, declaring that there is no ``creamy layer'' among the backward classes in Kerala or constitute a new committee to go into the criteria for determining the ``creamy layer''.

Legal experts have already advised the Government against seeking a review of the apex court's decision and pointed to the danger of a further negative ruling from the Supreme Court. The Government, it has been pointed out, could well lose its right to remain in office if the apex court hands down a judgment attacking it for its refusal to adhere to the ``law of the land''. The CPI(M), the only party to oppose the 1995 legislation, is opposed to any review of the verdict. There are also strong pressures on the LDF from outside against any such move.

That being the case, the only option before the LDF and the Government is to appoint a committee which could suggest a more flexible criteria for determining the size of the ``creamy layer''. The Government cannot go ahead and fix any criteria on its own as that would be termed arbitrary. Hence the move to have a committee on the lines of the Justice K.J. Joseph Committee constituted by the court. The Joseph Committee had come up with some stringent norms and these are in force since December 13, the day the Supreme Court verdict came.

The Supreme Court verdict has occasioned a realisation among political parties that there is nothing much they can do in the matter. There is also the belated realisation that the situation could have been turned at least partially in Kerala's favour if the previous UDF regime had appointed a committee of its own to suggest the criteria.

The last meeting of the LDF committee had decided not to rush into any decision on the Supreme Court verdict and allow individual constituents to concretise their position before deciding on any specific course of action. Among the LDF constituents, the CPI had been vociferous in its endorsement of the 1995 legislation. It still sticks to its earlier position, but knows very well that the party cannot go on closing its eyes to reality.

It has called for a Constitution amendment to ensure that backward communities did not lose reservation benefits on account of the creamy layer norm and that the disadvantaged among the forward communities also received quota benefits. But everybody knows that a Constitution amendment is out of question, at least for the time being.

The LDF committee could now be expected to make a formal recommendation to the State Government to constitute a commission to go into the issue and suggest fresh criteria for determining the size of the creamy layer. That is the best it can do under the given circumstances. The mandate of the new committee would be to inject some flexibility into the rigid criteria laid down by the Joseph Committee. As things stand now, families having more than Rs. 1.50 lakhs as annual income belong to the ``creamy layer''. The proposal now is to raise that ceiling.

The Government cannot, however, hope to have it raised to ridiculous levels as had been attempted by the Bihar and Uttar Pradesh Governments annoying the Supreme Court. Any increase in ceiling would have to be reasonable and cannot go against the spirit of the decisions handed down by the Supreme Court in connected cases. The proposed committee's terms of reference would be decided taking these factors into account.

The proposal that the Government should have an action plan so that schemes with short gestation could be taken up before the LDF Government's tenure came to a close was mooted by the CPI over a year ago. The LDF committee did obtain specific project proposals from the independent departments and discuss the issue at several of its meetings. Some meetings were convened specifically to discuss and finalise the action plan. However, there has still been no decision in the matter. Apparently, the committee itself does not have much faith in the whole proposal.

The growing rift between the CPI(M) and the CPI in Kasaragod district is a subject which should find a place in the LDF committee's discussions, but the two Communist parties are inclined to settle matters through bilateral discussions. The CPI has launched a campaign against attacks on its cadres in Kasaragod by their CPI(M) counterparts and the party State leadership is also quite exercised over the issue. The committee is certain to take a strong view of the Union Minister of State for Law, Mr. O. Rajagopal, that Kerala has become a safe haven for extremists.

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Section  : Regional
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