Quota ball in our court: SC

By Abraham Thomas, in Indraprasth
The Pioneer
Tuesday, May 30, 2006

Court to examine Centre's rationale in identifying OBCs,
* Striking students told to call off agitation ----
Questioning the basis of the Government's decision to
reserve seats for Other Backward Classes (OBC) in
educational institutions in the country, the Supreme
Court on Monday decided to examine the legal validity of
the 93rd Constitutional Amendment Act 2005.  

[Caption]  A Thread of Hope? AIIMS medicos tie threads
around the trunk of a tree on Monday
- S Sabu, The Pioneer

Posing obvious doubts on the "basis" and "rationale"
adopted by the Centre in identifying OBCs, a Vacation
Bench of Justices Arijit Pasayat and LS Panta issued
notices to the Centre on separate petitions filed by
advocate Ashok Kumar Thakur and management consultant
Shiv Khera.

The petitions challenged the constitutional validity of
the amendment and the subsequent Government decision to
provide reservation for OBCs.

Giving the Centre eight weeks to respond to the query,
the apex court also asked the Government to place on
affidavit the modalities to be adopted for implementing
the 27 per cent reservation in educational institutions
including IITs, IIMs and AIIMS.

For the striking youth too, the apex court had a word of
advice. On a personal note, the Bench added, "We hope
agitations should be stopped, now that we are examining
the issue." While holding that the matter requires to be
examined since "the problem has serious social and
political ramifications," the court desisted from
expressing any opinion saying, "we will deal with it
appropriately at a later stage."

The Government's decision to implement OBC quota in
educational institutions had emanated from the 93rd
Constitutional Amendment Act 2005 which enabled the state
to make "any special provision for advancement of any
socially and educationally Backward Classes or for
Scheduled Class or Scheduled Tribes in so far as these
provisions relate to their admission to educational
institutions including private educational institutions."
This was inserted as Clause 5 under Article 15 of the
Constitution.

Since the last census conducted on the basis of caste was
way back in 1931, the petitioner reasoned, "Then how does
the Government determine the population of OBCs?"

The Mandal Commission Report of the 1980s had pegged the
OBC population in India at 52 per cent, a figure that was
disputed by the National Sample Survey (1999-2000) which
said it was 33.5 per cent.

Prompted by these contradictions, the court noted, "Two
issues arise for consideration. One, what is the basis
for defining who belongs to OBC? Second what are the
modalities adopted for implementation of the impugned
policy."

Additional Solicitor General (ASG) Gopal Subramanium
hinted at the "exclusion of creamy layer" as being one
modality considered for adopting the policy. As a way
out, the petitioner suggested conducting a caste-based
survey for which he demanded that the Government surveys
and studies, including the recent one by Knowledge
Commission be tabled before court.

Besides the Centre, notices have been issued and separate
affidavits sought from the Ministries of Human Resources
Development, Social Welfare and Justice, Commerce and
Industry, Statistics and Programme Implementation, Health
and Family Welfare, Science and Technology and FICCI. The
matter has been posted for hearing after two months.

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