OBC Reservations – Supreme Court Verdict

The Supreme court has stayed the implementation of the OBC reservation in its current form.

The Court ruled that the 1931 census could not be a determinative factor for identifying the OBCs for the purpose of providing reservation.

I personally see this as being a good thing in the light of the recent developments. This means that govt will have to first do a study to identify the OBCs and then come up with a proposal. Such a thing is absolutely necessary for a program of this magnitude. As in the past the legislature could have legislated against such a decision and put it in the ninth schedule. But the supreme court recently ruled that anything placed in the ninth schedule is also subject to review.

Difference between reservations for SC/ST and OBCs.

This verdict does not mean that reservations of any kind should be stopped. However there is a huge difference between the reservations for SC/ST and the OBCs. The SC/STs are provided reservation because they have suffered for being SC/ST. Hence they are provided reservations based on the single criteria that they are SC/ST. No other criteria is needed because that one criteria is sufficient. Having said that I believe that even that program can be improved. This program, for all its shortcomings, has worked for SC/STs. It has had its success.

For the OBCs, the reservations are based on the fact that they are socially and educationally backward. If someone needs to get benefited by this program, he needs to be identified and proven that he is backward. For that one needs to collect data. As realitycheck has always pointed out that one needs to identify the beneficiaries in order for a program of this scale to succeed. The Supreme court has basically said the same thing about the data that was collected in 1931. The supreme court has not said NO to reservations. It has asked the govt to prove that the people who will benefit from this are really OBCs. Once the govt. gets into the exercise of identifying the OBCs there will be lot of political repercussions to these. That should be interesting to watch in the coming days.

Verdict like these and proper dealing of the issue of creamy layer would go a long way to ensure that the beneficiaries of this program are the ones that really need it.

cross posted at the Great Indian Mutiny

February 5, 2009 · Ajit · No Comments
Posted in: Creamy Layer, Reservations

Leave a Reply