Question : AMENDMENT OF TH SCHEDULE OF THE CONSTITUTION



(a) whether there is any proposal under consideration of the Government to bring reservation policy for SC/ST under 9th schedule of the constitution for the effective implementation of reservation;

(b) if so, the details thereof;

(c) whether the Government have received any memorandum in this regard from various SC/ST organisations; and

(d) if so, the action taken/proposed to be taken by the Government thereon?

Answer given by the minister


THE MINISTER OF STATE OF THE MINISTRY OF SMALL SCALE INDUSTRIES, AGRO AND RURAL INDUSTRIES, MINISTER OF STATE IN THE DEPARTMENT OF PERSONNEL AND TRAINING, DEPARTMENT OF PENSIONS AND PENSIONERS WELFARE OF THE MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS AND MINISTER OF STATE IN THE DEPARTMENTS OF ATOMIC ENERGY AND SPACE. (SMT.VASUNDHARA RAJE)

(a): No, Sir.

(b): Does not arise.

(c): Yes, Sir.

(d): Reservation Policy of the Government has been articulated through executive instructions, which have the force of law, as per the Supreme Court Judgement in the Indira Sawhney case. Since there is no Act of reservation, therefore, the question of including the Reservation Policy of the Government in the 9th Schedule of the Constitution does not arise.