The Hindu : National : Judgment today in OBC quota case

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Judgment today in OBC quota case

Legal Correspondent

NEW DELHI: The Supreme Court will give its verdict on Thursday on a batch of petitions assailing the Central Educational Institutions (Reservation in Admission) Act, 2006, providing for 27 per cent quota for Other Backward Classes, and the 93rd Constitution Amendment, under which legislation was enacted.

A Constitution Bench, comprising Chief Justice K.G. Balakrishnan and Justices Arijit Pasayat, C.K. Thakker R.V. Raveendran and Dalveer Bhandari, reserved judgment on November 1, 2007, after marathon arguments for 25 days that spread over three months from August 7, 2007.

Not 1931 census as basis

The petitioners argued that implementation of the quota law would divide society on caste lines and result in perpetuation of the caste system. It would create entrenched rights, which, in turn, would create pressure or opinion groups. Further, failure to exclude the creamy layer from the benefits of reservation would render the quota law unconstitutional and void. Moreover, the quota law could not be implemented on the basis of the identification of the Other Backward Classes done as per the 1931 census.

The Centre said it could not be disputed that large sections were socially and educationally backward. Though the estimated OBC population was 52 per cent, the quota was restricted to 27 per cent, in view of the 50 per cent cap on reservation fixed by the Supreme Court. Further, it was not possible to exclude the creamy layer.

The Centre made it clear that conceptually there could not be any time limit imposed on the policy of reservation in admissions to educational institutions or in employment.

It said: “The policy of reservation flows from the mandate of equality and till the time the constitutional objective of ‘real equality’ is achieved, there is a constitutional mandate on the state to have special provisions in the nature of reservation for the uplift of backward classes.”

The Centre was of the view that it was the beginning of a long overdue process of social engineering.

Though a significant start had been made, this was not the time to set any time limit for reservation.

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