Recently, the Madras High Court declared a reservation law passed by the Tamil Nadu legislative Assembly to be unconstitutional. The law proposed a 10.5% internal reservation for the Vanniakula Kshatriya community, within the 20% allocated for Most Backward Classes (MBCs) in education and public employment.
Understanding The Vanniakula Khastriya Reservation
This reservation was brought into effect via the State under the Reservation for the Most Backward Classes and Denotified Communities Act, 2021. It is aimed at the Vanniakula Khastriya community which includes Vanniar, Vanniya, Vannia Gounder, Gounder or Kander, Padayachi, Palli, and Agnikula Kshatriya. The second Tamil Nadu Backward Commission in 1983 determined that this community made up 13.01% of the State’s total population. Hence, a provision of 10.5% reservation for a community constituting 13.01% of the population may not appear disproportionate.
The Challenge against the Bill
The controversial law was challenged as it was passed just hours before the Model Code of Conduct (MCC) came into force in the State in February 2021. Critics also contended that the enactment was politically motivated and passed rather hastily.
The Tamil Nadu Government’s Defence
The Tamil Nadu government argued that in a democratic system, an elected government should be able to exercise its power to legislate any law during its term, even until the last minute, so as to address public opinion. They cited a precedent from 2007, wherein Backward Class Muslims in the state were provided separate reservations through legislation.
The Role of the Model Code of Conduct
The MCC is a series of guidelines issued by the Election Commission of India (ECI) to regulate the actions of political parties and candidates prior to elections. It operates from the moment the election schedule is announced until the results are declared.
Origin and Evolution of Model Code of Conduct
The idea for the MCC originated during the Kerala Assembly elections in 1960 when the local administration created a ‘Code of Conduct’ for political actors. In 1962, the ECI shared this code with all recognized political parties and State governments. It was only in 1991, following rampant violation of election rules and ongoing corruption, that the ECI decided to enforce the MCC more strictly.
Constitutional Provisions on Elections
Part XV of the Indian Constitution addresses elections and establishes a commission for these matters. The Election Commission was constituted in line with the Constitution on 25th January 1950. Its powers, functions, tenure, eligibility, etc. are governed by Articles 324 to 329 of the Constitution.
