New UP move: the game is not totally lost

Lucknow,July 03(HS)Looking for an issue all these weeks,Bahujan Samaj Party chief Mayawati has got one now.She had made two moves and scored a goal from one.It may become a talking point.

She may claim a victory of sorts.However,the game is not totally lost.The Yogi government which favours inclusion of 17 new castes in  the Scheduled Castes (Dalits) list may have the last laugh.It may not meet the fate of the SP government.If she thinks it cannot be done,she may be proved wrong.

New castes can be added to the list if the Centre so decides.Article 431,clause two, of the Constitution provides for it.It is possible now  because the same party rules in the state as well as the Centre.It was a different story 15  years ago.

When the SP government in the state had taken the decision another party ( Congress) was at the helm of affairs.It is also true that if the list is expanded  and 17 castes selected by the present Uttar Pradesh government are included the BSP will suffer.

So will the SP.By removal of 17 castes from the Other Backward Castes list more space will be created for the remaining castes in the OBC category.More opportunities will be available to them in educational institutions and government services.

Ther BSP’s game-plan will suffer a setback.Buoyed by success in recent general elections, the party is trying to bring back old supporters and expand its footprint.It was getting support from most of the Dalit castes.But,now,many of them have gone to the BJP.

Her first task,therefore, was to win them back.Inclusion of new castes in the SC list will make her work overtime and  the task difficult.

As Assembly by-elections are to be held in the state shortly,she has a very little time to mend the fences. Naturally,she cannot back any such move.

Her happiness,however, may be shortlived. She cannot do much if the Modi government favours expansion of the present SC list.There are people in the BJP who may not support it( one has already come out in the open against the move) but they can be won over by Modi-Amit duo.

As far as the new “order” of the present BJP government is concerned, it is certainly unconstitutional and will be struck down by  the High Court if it is approached.

It should not have been passed.The same mistake was committed by the SP government twice.It was first in the year 2004 that the party government in the state had amended an Act and ordered for inclusion of new castes in the SC list.

It was rightly redflagged by the Allahabad High Court.It was not acceptable to the Court because only the President and Parliament have powers to do so.

Learning a lesson from it,in 2012 the party urged the Centre to accept its proposal to to add some new castes to Dalit castes list.The then Congress government refused to oblige.

The present government repeated the action taken by Mulayam. It may be because of hurry or pressure from some of the castes which have been demanding  exclusion from OBC list for last 15 years.

In any case,the proposal can be still revived.The only thing the Yogi government has to do is to withdraw the new order and send a proposal to the Centre in this connection.It may be discussed in Parliament and necessary action taken.The game is not over yet.