Reality Check India

Govt introduces Quota Bill, no mention of creamy layer

Posted in Uncategorized by realitycheck on August 25, 2006

See new story here

and here

A direct insult to the Supreme Court rulings regarding the creamy layer. See Indira Sawhney II Vs State of India and the Kerala Story. By this act of introducing such a bill, that flies in the face of studied SC judgements,  Arjun Singh and the UPA have taken the house to a new low. They have unnecessarily taken the house to an ugly faceoff with the Supreme Court.

The idea is simple: They want the Supreme Court to strike down the creamy layer inclusion. This is sure to happen because of its own precedent in the Indira Sawhney case. There is simply no rationale to exclude creamy layer OBCs at all state level institutes (except TN) and include them only at elite institutes. This is extremely unfair to the non-creamy layer and really backward OBCs because they will be locked out of the elite institutes.

Once this bill gets shot down by the SC, then they can go around the people and say that they are the true saviours and the judiciary is in the way. They may even use it as yet another argument for quotas in the judiciary. This amounts to a total disrespect of the laws of the land and the Indian constitution.

Why have all the “opinion makers” clammed up ? Someone should tell them that they get more than one chance to talk about this. This whole issue is being hushed up by the media. The pakistan ball tampering case currently gets more air-time than this story.

One small victory is that the Bill is referred to the parliamentary standing committee. This means that we will see the bill in its final shape only in the winter session.

The Supreme Court must intervene and put an end to this once and for all. We can have OBC quotas only if we can define who an OBC is and we can measure their social and educational backwardness. Every caste across the country must be willing to subject to a single test of backwardness.  This is essential before shelling out 17000 crores to benefit a narrow section from a few states.

Remember NE states,WB,GJ do not have many OBCs – so what do they get out of this ? Not that we know how many OBCs there are in other states.


4 Responses

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  1. Barbarindian said, on August 25, 2006 at 9:52 am

    What makes you think that they want the SC to strike down the creamy layer? It seems to me that it is merely a sign that the Southern parties have increasing influence on the alliance.

  2. Rajeev said, on August 25, 2006 at 1:21 pm

    Agree – 100%

  3. realitycheck said, on August 25, 2006 at 6:51 pm


    I dont know why your comment got into the spam folder. This sucks.

    This is an old trick, that is going to damage the dignity of the supreme court. The inclusion of creamy layer is almost guaranteed to be struck down. Tamilnadu is the only state which includes the creamy layer and is an exception. The exception cannot be made into a rule just to appease one state.

    It has said so in the clearest terms possible in Indira Sawhney II that (Creamy layer and Forward classes who have been given OBC benefits based on lack of examination) are not permitted. Even a constitutional amendment may not be able to change it.

    The congress has several supreme court lawyers such as Kapil Sibal, Singhvi who are very well aware of what is going to happen in the SC. I believe Sibal raised in the point in the cabinet only to be shouted down.

    Inspite of that, they go ahead and introduce this bill in the Lok Sabha. This builds hopes in the minds of the creamy layer OBCs.

    It could be a couple of months before the SC takes up the case and rules on it. In that interim period, the creamy layer OBCs assume they are already home. Now, when the SC steps in and strikes down this clause, they will feel like their rights are taken away from them. Nevermind that right was subjudice and only in force for two months. This is emotional stuff.

    As we stand, the country has reached a fork in the road.

    This issue of OBCs (who are they, how many are there, how are they backward) must be resolved now once and for all.

    Maybe this is a good thing that has come out of this.

  4. realitycheck said, on August 25, 2006 at 6:52 pm


    WordPress sucks, it does not let me control what gets marked as spam.

    I will get some help today.

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