Click to play videoNew Delhi: In what could be big a blow to the Government's pro-reservation stance, the Supreme Court on Thursday stayed the 27 per cent reservation for Other Backward Classes (OBCs) in elite educational institutions like IIMs and IITs.
The Court ruled that the 1931 census could not be a determinative factor for identifying the OBCs for the purpose of providing reservation.
The ruling could once again set the stage for another clash between legislature and judiciary, as this is being seen as a setback to the Government.
The Bench comprising Justices Arijit Pasayat and L S Panta ruled on the batch of petitions filed by various organisations and individuals challenging the decision as being ultra vires (unconstitutional).
Various organisations had challenged the Centre's decision to implement the quota, claiming that there was no relevant data on the number of OBCs in the country.
The Bench said, "We are of the view that the impugned notification and enforcing the reservation for OBCs in the educational institutions must be put on hold as the Government has failed to provide any authentic or reliable data to justify its policy of reservation.”
SC held that Section 6 of the Constitution was not applicable since no data on who constitutes OBCs in India has been collected in the last 76 years.
"The Centre has to determine who are the socially and economically backward people of India, before the Central Educational Institutions Act can be given effect," the Bench stated.
"We are of the view that the impugned notification and enforcing the reservation for OBCs in the educational institutions must be put on hold as the Government has failed to provide any authentic or reliable data to justify its policy of reservation” |
However, the Bench clarified that the benefit of reservation for the Scheduled Castes and Scheduled Tribes could not be withheld. It said that the Centre could go ahead with the OBC identification process to determine the backward classes.
This means that if the Government can provide the court with authentic data on who constitute the OBCs in India, then reservation may be implemented in favour of people who genuinely need it.
"Reservation cannot be permanent and appear to perpetuate backwardness," the Bench observed.
While saying this, however, the Apex Court reprimanded the Centre, saying that the Centre should stay away from dividing the society on caste basis and should behave in a more responsible way.
It added the Government's decision to implement the quota system was full of flaws.
Lawyer for United Student’s Forum, M L Lahoty told CNN-IBN, “SC has stayed the order on the Act saying to the Centre, ‘Don’t divide the country only because of your vote bank’ and that 'the consequences of this quota would be very bad'."
The Centre had earlier justified the decision to implement reservation saying that Parliament had power to enact laws and that if the issue of giving OBCs reservation is not addressed, then there could be law and order problems in the country.
It had also maintained that general category students would not be affected by the quota, as the number of general seats has been increased proportionately.
Brushing this aside, the Bench said that the OBC quota was just vote bank politics and said it was forced to take the decision against the Government as the Government did not implement the SC's last two orders.
It said that a final decision would be taken only after proper documents related to OBCs were submitted.
The Government had enacted the Central Educational Institutions Act last year which provided for the reservations in institutes of higher education.
The hearing on the matter has been adjourned till the August 3, 2007.
QUOTA TIMELINE | |
 | March 9, 2005: A Committee was setup by the UPA Government to study the socio-economic and educational status of Muslims in India. |
| April 6, 2006: IITs, IIMs, Central varsities to have 27 pc OBC quota. The Centre said 49.5 per cent of the total seats in IITs, IIMs and Central universities, including Delhi University, would be reserved for OBCs, SCs and STs. At present, 22.5 per cent seats are reserved for SCs (15%) and STs (7.5%) in these institutes. |
| April 13, 2006: Ex-chief justice R C Lahoti says Quota Bill is illegal, so is amendment. |
| May 27, 2006: Oversight Committee under the chairmanship of M Veerappa Moily is constituted. |
| August 15, 2006: SC stays Karunanidhi’s version of OBC/Dalit reservation. |
| August 25, 2006: Cabinet over-rules Law's advice to keep creamy layer out. |
| September 17, 2006: Centre to SCs - Don't take up plea against quota. |
| October 6, 2006: Moily Committee report submitted to PMO. |
| October 16, 2006: Slamming Government on quota, SC asks for MPs' report on Bill. |
| October 22, 2006: SC says use quota to transcend caste, not perpetuate it. |
| Nov 17, 2006:Sachar Committee submits Its report to Prime Minister. |
| Nov 30, 2006: Sachar report tabled in Lok Sabha and Rajya Sabha. |
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