SHILLONG: The Meghalaya government tabled the report of the Expert Committee on the State Reservation Policy in the Legislative Assembly during the Budget Session, on Wednesday.
In its report, the Expert Committee constituted to review the Reservation Policy in Meghalaya has outlined 13 major recommendations. After examining economic indicators, constitutional provisions, and relevant Supreme Court judgments, the Committee has recommended that the existing Reservation Policy of 1972 be continued without alteration.
Below are the key highlights of the report:
1. Reservation Not Based Solely on Population
The Committee clarified that reservation cannot be determined strictly on population percentages. The fundamental objective of reservation is to uplift socially and economically backward communities. Therefore, even smaller communities may receive proportionately higher representation if they are underrepresented or marginalized.
2. No Reservation on Religious Grounds
The Committee stated unequivocally that the Constitution of India does not permit reservations based solely on religion. Consequently, any demand for quotas specifically for religious minorities would not be legally sustainable.
3. Reservation in Educational Institutions
The Committee clarified that its mandate is restricted to Article 16(4) of the Constitution, which relates to reservation in public employment (government services). Matters concerning reservation in educational institutions under Article 15(4) fall outside its scope and must be decided independently by the State Government.
4. EWS (Economically Weaker Sections) Quota
In line with Supreme Court rulings, the Committee reaffirmed that the 10% EWS quota is meant exclusively for economically weaker sections who do not belong to SC, ST, or OBC categories. Therefore, individuals from SC/ST communities are not eligible under the EWS category.
5. ‘Carry Forward’ Rule Extended
The Committee has proposed extending the “carry forward” rule from one year to three years. This means that if reserved posts remain vacant in a given year, they can be carried forward for up to three years to ensure that communities do not lose their rightful representation.
6. ‘Quota within Quota’ & Creamy Layer Concept
Sub-Classification (Quota within Quota):
The Committee suggested that the State may explore sub-classification within reserved categories. However, this would require comprehensive empirical data to ensure that benefits are reaching the most deprived sections.
Creamy Layer:
The report also recommends examining the ‘creamy layer’ principle to exclude affluent members within reserved categories, ensuring that reservation benefits are directed toward genuinely disadvantaged individuals.
7. Continuation of the 1972 Reservation Policy
The most significant recommendation is to maintain the Reservation Policy of 1972 in its present form. The Committee noted that many stakeholders favour retaining the existing framework, and any changes without strong legal backing could face challenges under judicial review.
8. Strict Implementation of Reservation Roster
The Committee endorsed strict enforcement of the Reservation Roster introduced in 2022. This system ensures that vacancies are filled according to designated quotas, thereby preventing arbitrary deviations.
Final Observations
The Committee has urged the State Government to exercise caution before making any amendments that could disturb social harmony or violate constitutional principles. The central objective, it emphasized, is to ensure that reservation benefits reach the most backward and underrepresented sections of society.
