The move has drawn heavy flak from backward community organisations like the Sree Narayana Dharma Paripalana Yogam (SNDP) and Kerala Pulaya Maha Sabha (KPMS), among others.

The opposition is acquiring the dimensions of a protracted legal-political battle, with these outfits planning to challenge the move in a court of law. They are opposing the decision of the government on the ground that it amounts to a flagrant violation of Article 16(4) of the Constitution, which does not guarantee reservation on economic basis. The reservation policy is meant only for helping socially backward communities which have suffered caste-based discrimination for centuries.

Moreover, they contend there is no justification for the move as the forward communities already account for 90 per cent of the posts in Devaswam boards. A further reservation of 10 per cent will badly affect the backward communities and SCs and STs, they point out.

Also, since there is no constitutional support for economic reservation, the move will not stand legal scrutiny. The Government is well aware of this. If it has still decided to go ahead with the move, it is tantamount to deceiving the forward communities. That is the contention of SNDP and KPMS.

The government, on the other hand, has strongly defended the decision. It says that reservation for the forward communities was a solemn commitment made in the election manifesto. And there is no question of revoking the move. The CPI(M) has the full support of its allies, including the CPI for the move.

The government also contends that there is no legal bar on implementing economic reservation in Devaswam boards. Their reasoning: the boards are not government bodes; nor do they depend on the government for funds. Therefore, the government’s decision is no violation of the Constitution.

The government’s move has a political motive too. The move will bring it closer to the powerful Nair Service Society (NSS), which has already welcomed it. So has the organisation of Brahmins. The move will be electorally rewarding as the LDF will attract the votes of these forward communities. It is in line with the LDF’s decision to expand its vote base by wooing the forward communities too.

Last but not the least, the government argues the move will in no way harm the backward communities. In fact, the government has increased the quota for these communities in Devaswam boards. For instance, Ezhavas, who at present enjoy 14 per cent quota, will hereafter have 17 per cent. Likewise, the SCs and STs, which boast 10 per cent reservation so far, will have their quota enhanced to 12 per cent. This being the case, there is no reason for the backward communities to resent the government’s move.

But, with the backward communities deciding to question the decision in the courts, the government will have to contend with a protracted legal battle in the days to come. (IPA Service)