Author: R Venkataraman
Publication: The Indian Express
Date: May 30, 2006
URL: http://www.expressindia.com/fullstory.php?newsid=68411
In a caustic remark the Supreme Court said
that the proposed increase of OBC reservation would divide the great nation
on the basis of caste.
A vacation bench of Justice Arijit Pasayat
and Justice L S Panta ordered the Union of India to answer to three crucial
questions:
1 What is the basis of the norms for fixing
the OBC category?
2 What is the rational behind fixing it?
3 If the proposed reservation is implemented,
what are the modalities and the basis for modalities?
The apex bench gave an eight weeks time to
file counter-affidavit on implementation of the policy.
The court said it would examine the effect
of the policy's implementation and the matter has "serious political
and social ramifications and has to be adjucated upon".
In a moral observation the judges said "agitation
should stop now, although we are not making it a part of the order".
When the petitions council sought an interim
stay, Justicse Pasayat said "it's not necessary. We have put them on
enough alert".
A petition, challenging the 93rd constitutional
amendment making provisions for extending reservation to socially and economically
backward classes in aided and unaided educational institutions came up for
hearing before the Supreme Court on Monday.
A vacation bench of Justice Arijit Pasayat
and Justice L S Panta heard the petition filed by Shiv Khera.
Another writ petition, filed by a Supreme
Court senior counsel Ashoka Kumar Thakur, who also argued in the Mandal case
for fixing economic criteria, resulting in the creamy layer came up for hearing.
The PIL seeks to quash the proposed quota law and the Constitutional amendment.
In his petition, Thakur said, "Affirmative
action by the Government to remove discrimination, inequality and disparity
is quite an important step in a healthy democracy. But recent developments
in this context, which infringe fundamental and legal rights of the larger
section of citizens, create social upheaval, anarchy, chaos and unrest leading
to an adverse law and order situation, when the issue of reservation is already
settled by Supreme Court, requires to be judicially reviewed in the interest
of equity, justice and fair play."
"The last caste census was done in 1931"
and "all census since 1951 have break-up of population based on religion
only" not caste. Referring to the Constitution which provided reservation
for only SC/STs and that too for a period of 10 years commencing 1951, the
petitioner contended that the SC/ST reservation of 15 and 7.5 per cent respectively
"has been extended indefinitely" and now, another "new section"
of the citizenry, OBC, not sanctioned by the Constitution, has been added
"with a political view".
Thakur, in his petition, has quoted Jawaharlal
Nehru, saying he had opposed continuation of reservation "as a principle"
in 1961. The petition refers to the Kaka Kalekar Committee which in the 1950s
had "enumerated approximately 1,200 OBC castes" and the Mandal Commission
which listed some 2,200 castes as OBCs "based on social and economic
criteria".
According to the petition, the OBC list has
been increased further with some 3,200 castes being included.
"Mandal Commission had fixed OBC population
in India at 52% based on fictitious data. In case we add SC/ST (24.4 per cent),
Muslims (13 per cent), Christians (2.4 per cent) and Sikh, upper caste population
in India should be only 6 per cent which is quite ridiculous," it stated.
Moily to head oversight committee, Plan panel
to work on policy for talented faculty
o Former Karnataka CM Veerappa Moily will
be chairman of oversight committee to implement quota, expand intake and infrastructure
o Secretaries of Planning, Finance, Agriculture,
Health, Education will be members of committee
o Separate sub-committees will look into each
stream of education
o Govt to explore option of using state run
hospitals for new courses, start faculty recruitment, extend retirement age
to 65
o On students' demand for review committee,
Union Minister Oscar Fernandes says "govt has taken note of this demand
and will get it examined"
o Planning Commission looking at major "structural
changes" in education system, will work on long-term policy of bringing
in talented faculty
