311 Re: Implementation of 69 [RAJYA SABHA] reservation in Tamil Nadu 312 per cent Pakistan TV does not allow even Lata Re. IMPLEMENTATION OF 69 PER Mangeshkar's songs to be played on their CENT RESERVATION IN TAMIL radio and TV. Last year, Madam, SITI has NADU taken a sum of Rs. 350 crores from this country in terms of foreign exchange. Things SHRIMATI JAYANTHI do not stop here. They are violating all laws. NATARAJAN (Tamil Nadu): Madam, thank In Delhi, even DESTJ is to carry its cables you for giving me permission to speak on this underground. These cable TV operators carry. issue... (Interruptions)... No, I had made a Cables from one roof-top to another. These special request to Madam. That is why I am people have taken the law into their own thankful to her. She is accommodating me. hands. They are carrying their cables on street- THE DEPUTY CHAIRMAN: Because at light poles. This is an offence. The matter was that point of time I was deputising for the hon. referred to the Delhi High Court and the Delhi Chairman. High Court said, "You cannot do it.'.' There SHRIMATI JAYANTHI was an appeal to the Supreme Court. The NATARAJAN: Madam, I would like to draw Supreme Court had set it aside and said, "You the attention of this House to a very important cannot do it." But still they carry on and issue. Madam, the question of reservation has nobody prosecutes them. I would like to know been agitating all of us for a long time. Now I whether this is because these people are am talking about specifically reservation for powerful and are greasing influential palms. Backward Classes in educational institutions Madam, another aspect of the matter is that which is being done in Tamil Nadu. Madam, banks are financing money to these foreign right from 1932 the State of Tamil Nadu has TV channels but not to any of the local cable been one of the States which is a pioneer as TV operators. Even our insurance companies far as the question of reservation is concerned. are insuring assets etc. of SITI and Falcon but The first reservation began in my State as not of our own cable TV operators. This is a early as in 1932. For many decades, this 69 pretty serious matter. I am sorry that though per cent reservation, i.e., 50 percent for Mr. Murdoch had a warrant of arrest in Backward Classes and 19 per cent for the Bombay, when he came to Delhi, he met the Scheduled Castes and Scheduled Tribes, has Prime Minister. I wish the Prime Minister had actually been in existence in educational not met him because this kind of things sends institutions in the State. Now, Madam, very out a very wrong bad signal to the whole briefly, without taking much time of the country. I would beg of the Government to House, I would like to point out that after the come out clean as to why these people have judgement of the Supreme Court in the not been prosecuted for carrying their cables Mandal case where it said that the reservation on street-light poles and why they have been should allowed to get away with the violation of law. On one occasion they attacked a person. The not exceed 50 per cent, and the orders of the attacker was pursued and he sought security in Supreme Court thereafter, it has not been the U.S. Embassy. The Association of cable possible to implement total 69 per cent TV operators have written to President reservation, i.e., 50 per cent for the Backward Clinton himself to see that this kind of things Classes and 19 per cent for the Scheduled do not happen. I hope the Government takes Castes and the Scheduled Tribes. Now the due note of the serious problems of cable TV Supreme Court says that we cannot operators. implement it because of the decision in the Mandal case. In order to get over that decision Thank you, Madam. of the Supreme Court, the Government of Tamil Nadu promulgated an Ordinance which was replaced by a law passed by the 313 Re: Implementation of 69 [1 AUG. 1996] reservation in Tamil Nadu 314 per cent Legislature making a reservation pf 69 per take up this issue very seriously, to come and cent i.e., 50 per cent for the Backward Classes make a statement whether they are going to and 19 for the SCs and the STs. That Act has help us. If necessary, Madam, I call upon the also been placed in the Ninth Schedule which Government for bringing about a means, it is not subject to judicial review, constitutional amendment. I am not aware which means it cannot be called into question what avenues are there to get out of the on the ground of affecting article 31(b) on the situation created by the orders of the Superme ground of affecting any of the Fundamental Court, but I would like the Government to rights. This was done in 1994 and it is in respond to this and immediately solve the 257(a) of the Ninth Schedule. Now Madam, problem of so many children who are not able an anomalous situation has arisen; some to get admission based on the reservation private parties have approached the Supreme policy. Thank you, Madam, for your patienoe. Court and the Supreme Court as recently as THE DEPUTY CHAIRMAN: Shri V. last month issued orders that even though the Kishore Chandra S. Deo. said legislation has been included in the Ninth Schedule, we cannot give effect to the SHRIMATI JAYXNTHI reservation, and in effect nullifying the law NATARAJAN: Madam, one passed by the Tamil Nadu Legislature for minute.. (Interruptions)... reservation. Madam, students are not able to SHRI S. PETER ALPHONSE: get admission in educational institutions. The Madam... Government is not able to make admissions in medical colleges, engineering colleges, etc. SHRIMATI JAYANTHI Madam, the entire benefits of reservation are NATARAJAN: Madam, he has also given completely missing for the students in the notice. State. Now the position is like this. The SHRI G. SWAMINATHAN: Our number of Backward Classes differs from party has also given notice. ..(Interruptions)... State to State. In Tamil Nadu, according to the THE DEPUTY CHAIRMAN: First Mr. population in existence, it has been fixed at 50 Alphonse and then Mr. Margabandu would per cent. It is impossible to have a uniform 50 speak on the same issue. ..(Interruptions)... per cent reservation for all the States or less than that. We enjoyed a total 69 per cent SHRI S. PETER ALPHONSE (Tamil reservation for years before the Mandal case; Nadu): Madam, 69 per cent reservation is in totally peacefully; everybody had accepted it vogue in Tamil Nadu. Whenever the and this has served the interest of justice. academic session begins in the month of May Now, because of the anomalous situation and or June, our students face problem. By an the orders of the Supreme Court, we are not iterim order, the Supreme Court has directed able to implement this whole policy of that you can enhance the number of seats. For reservation. This is the situation now. Even example, by 50 per cent of reservation, the though that Act has been put in the Ninth Backward Class students get 80 seats in an Schedule, the hon. Supreme Court is looking engineering college. What the Supreme Court into it. It has issued some directions. The State says now is you increase the number of seats. Government is facing a dilemma as it is not Every year on ad-hoc basis we increase the able to implement the reservation. So -many number of seats but what happens to children belonging to the Backward Classes education? A medical college is meant for a are suffering for no fault of theirs. I call upon hundred students or 125 students. Now the Government to according to the direction given by the Supreme Court, every year we have 315 Re: Implementation of 69 [RAJYA SABHA] reservation in Tamil Nadu 316 per cent been adding 200 to 300 students. If it goes on interests of the backward class people who are for five years, there will be a stage where no more in number in several parts of India. The student can be admitted in a medical college. ratio of the backward class people varies from Another aspect, Madam, is, the Tamil Nadu State to State. In Tamil Nadu they are more in Government is a party in the case before the number. In order to satisfy the backward class Supreme Court. Already a Constitutional people this legislation had been passed. I amendment has been made. We do not need appeal to this Government which has taken a any Constitutional amendment now. What we vow to uplift and improve the lot of backward want from the Government of India is that it class people that they can safeguard the should join the case as a party in the writ interests of the Tamil Nadu people by petition with Tamil Nadu which is a party, supporting the 69% reservation. The and direct the Attorney General to appear for Government itself should participate in the the Government of India and support the case proceedings of the court case and support the of Tamil Nadu. That is our request. cause of the Tamil Nadu. With these words, I SHRI R. MARGABANDU (Tamil conclude. Nadu): Madam Chairperson, it is rightly said SHRIMATI JAYANTHI by Smt. Jayanthi Natarajan and Shri Peter NATARAJAN: May I make a small Alphonse.