Minister, A-G defend executive order on 7.5% quota Bill

Law Minister C.Ve. Shanmugam on Friday defended the executive order issued to supply 7.5% horizontal reservation in medical admissions to NEET-qualified State authorities faculty college students, when its associated Bill was awaiting the Governor’s assent (since granted). He identified that the federal government order (G.O.) had “clearly stated” that “pending decision by the Governor”, it had taken sure “policy decisions”.

Mr. Shanmugam, who is taken into account a key participant behind the transfer, instructed The Hindu that as powers of the executive are “co-extensive with those of the legislature” below Article 162 of the Constitution, the federal government was “fully empowered” to behave on this regard.

The authorities needed to concern the order in view of the “urgency” of the matter, as counselling would start shortly for admissions to undergraduate medical programs below the State quota.

However, when the federal government proposed an ordinance in June, NEET had not even been held, he mentioned.

When the Assembly adopted a Bill on the quota in mid-September, NEET had simply been carried out, the Minister mentioned.

Rationale behind G.O.

Explaining the rationale behind the executive order, Advocate-General Vijay Narayan mentioned the Puducherry administration too had taken the route of executive order for 10% horizontal reservation. The most essential function of the Mandal Commission’s suggestions — 27% quota for Other Backward Classes in training and employment in Central authorities establishments — was carried out by means of an executive order, which, within the Centre’s parlance, was known as “Office Memorandum”, he mentioned.

As a bit of laws turns into a regulation solely after the Governor’s assent, the G.O. in query shall be subsumed in regulation, naturally, as soon as the approval comes. Even within the eventuality of his assent not being given, the G.O. will stand, as there isn’t a regulation on the given topic, he added.

A senior authorities official mentioned the overall authorized place regarding inner reservation, as was the case with this Bill, was that executive orders would do. The scheme of quota for ex-servicemen or differently-abled individuals was applied solely by means of executive orders. At the identical time, the concept behind enacting a regulation for presidency faculty college students was to supply “greater strength” to the proposed quota scheme, he added. The official clarified that the G.O. was drafted in such a fashion that the transfer was not in battle with the place of the Governor.