RESERVATION RESTORED… BUT…
The recent Supreme Court judgment to uphold 27% reservation in higher education institutes was indeed a slap in the face to the anti-reservation lobby and had created a sense of security and self-confidence for the backward communities in
The most ironical part of the issue was that those groups, who were protesting and waging war against the reservation announcement of the union government, also welcomed the recent Supreme Court verdict! These elements were carrying out protests, rejecting the basic idea of reservation, which the court has rejected. It was clear that the welcome statements made by these groups were aimed to cover the gloom and sense of guilt brought on by this judgment.
They are and have been constantly questioning the concept of 27% reservation, whereas the figures spell out that of the total Indian population, 16.2% are scheduled castes, 8.2% are scheduled tribes and 52% belongs to OBCs, but the forward sections account to only 23.6%. It is interesting to note that the lion’s share of higher education lies in the hands of this less than 1/4th of the total population. This will be easily found if glanced through the representation of backward communities in IITs, IIMs, NITs, and AIIMS etc. Nevertheless the Mandal Commission recommended just 27% reservation for OBCs. That means instead of population wise 52%, only 27%!
What does the constitution of
"(5) Nothing in this article or in sub-clause (g) of clause (1) of article 19 shall prevent the State from making any special provision, by law, for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes or the Scheduled Tribes in so far as such special provisions relate to their admission to educational institutions including private educational institutions, whether aided or unaided by the State, other than the minority educational institutions referred to in clause (1) of article 30.".
The statement: "nothing shall prevent the State from making any special provisions for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and Scheduled Tribes." in article 15(4) was actually added in the first ever constitutional amendment in 1951 which was piloted by Dr. B. R. Ambedkar, but following the judgment delivered in 2005, in the case of Inamdar Vs State of Maharashtra, this clause was edited in such a manner that the private institutions were accommodated in the reservation provision.
The above-mentioned constitutional provision has only been implemented in the institutions run by the central government. It has to be enacted at the state governed institutions too without delay, since the major chunk of the OBCs in our country are studying in these institutes.
It is a fact that Islam is a major egalitarian faith existing in the world. Islam outrightly rejects caste based social stratification and discrimination. It propagates that the whole of human kind are equals and those who have faith are superior before God almighty. But because of reasons pertaining to history, Muslims especially in north
The Supreme Court in its verdict has categorically stated that the creamy layer in the OBC must be excluded. Indeed reservation is to make access to proper education and job opportunities for the most socially discriminated groups, but what the Supreme Court has upheld is the caste based reservation as an affirmative action to bring up the under represented communities. This privelege must entirely be granted to the respective communities under any circumstances. The Supreme Court in yet another clarrification on the judjment, has told that the creamy layer will not be accepted under any circumstances. Students Islamic Organisation of India strongly demands that the government while framing the law must make sure that the vacant seats of 27% OBC quota will not be opened for general category and the reserved vacant seats be allotted to the 'creamy layer'. If the clarification on judgment stands as a hindrance, a review petition must be filed in the Supreme Court in this regard.
SIO believes that reservation is not the only solution for the upliftment of the socially deprived classes including Muslims in