Saying that “it is not possible to provide quotas without amending the constitution,” the GoM, set up in September 2004, had underlined: “The political desirability, political feasibility and legality of amending the constitution need to be carefully considered in consultation with UPA constituents.”

And added that given the “sensitive issues” involved, a final decision was beyond the “remit of the Group.”

Any discussion in the Cabinet on private sector reservation will predictably go along the lines of the recent discussion with UPA partners on OBC quotas where regional parties have taken an aggressive stance, shrinking all options for negotiation for the Prime Minister.

Private sector quotas: Problems, Attorney General had said; agreed Fali Nariman

• Fali Nariman: Law for quotas in private sector not valid under existing provisions of the Constitution. Also, tough to justify given that SC/ST quotas in Govt not filled.

• Justice (retd) K Ramaswamy: Change the Constitution to bring employment of SC/STs in private sector in Article 16 (equality of opportunity). Also define pvt sector under Article 366.

• Attorney General Milon Banerjee: Law constitutionally not in order. Example: Persons with Disabilities Act, 1995, provides for reservation of jobs in the government but not in the private sector for physically challenged persons

• Ministry of Law and Justice: Either amend the constitution or make a law and place it in Ninth Schedule, beyond judicial review.

-varghesek.george@expressindia.com