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OBC quota : Tough choices for the UPA |
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B.I. Saini
The Supreme Court’s interim stay on the United Progressive Alliance (UPA) Government’s move to introduce 27 per cent reservation for the Other Backward Classes (OBCs) in higher educational institutions from the coming academic year, has placed the Manmohan Singh Government on the horns of a dilemma. The OBC quota move, ostensibly to uplift the backward sections of society, other than the scheduled castes and tribes, was also part of the political game-plan to get the support of the OBCs, who account for nearly half the population of the country and consequently about 50 per cent of the voters. The apex court’s verdict saying that a census conducted in 1931 cannot be the basis for determining reservations for OBCs, effectively means that the Government will not be able to provide quotas for OBCs in higher educationally institutions, at least during the coming academic session.
The Government’s options are limited. The Manmohan Singh Government is wary of taking on the Supreme Court despite the demand of some of the UPA constituents and other parties not to accept the court verdict. The Government does not want any confrontation with the apex court, but at the same time, it wants to emphasise its commitment to the social justice agenda.
Reports say that the Government is considering going to the Supreme Court again with a clarificatory petition. A review petition could also be filed asking for a larger bench to go into the matter.
In a signal to the allies that the UPA Government is committed to its social justice agenda, the Human Resource Development Ministry in a late night Press release on March 30 said that all legal options available are being considered. The Congress core group also met last week and reportedly expressed the view that even though there is little possibility of any relief from the apex court before the resumption of hearing of the case in August, the Government should be seen to be acting to keep up its OBC quota promise.
There is increasing pressure from some of the UPA constituents and the Left parties supporting the Government from outside to carry forward the OBC quota agenda. The DMK and the Tamil Nadu Assembly have called for a joint session of Parliament to reaffirm Parliament’s resolve on the OBC quota in higher educational institutions. There was an almost total bandh in Tamil Nadu on March 31 in support of the demand.
All political parties are united on the demand for OBC quota in educational institutions. This was reflected in Parliament almost unanimously approving the 93rd amendment of the Constitution which provides for equity in access to higher education for the weaker sections including the scheduled castes and tribes and other backward classes. The Central Educational Institutions (Reservation in Admission) Act stems from the 93rd Constitution amendment.
There is some hope for the Government as the court found merit in the argument that reservation for OBCs in educational institutions was a step to help them come out of centuries of historical oppression. But the court said that the government should have carried out a periodical identification of the backward citizens through a survey on the basis of an acceptable mechanism. The court even in 1992 in the Indira Sawhney case had directed the Government to take steps to estimate the OBC population. This may provide the Government an escape route as it may decide to go in for such a survey, and pending that, petition the court not to stay the OBC reservation in educational institutions.
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