Reality Check India

Amendment 93 in Supreme Court today

Posted in Uncategorized by realitycheck on January 31, 2007

UPDATE

The Supreme Court has given two weeks time to the centre to come up with an explanation for why the OBC quota should not be stayed. Futher hearing in mid-february.

Thanks to the vigilant The Acorn blog. We find that the entire gamut of OBC quota laws will be in the supreme court today. Hat tip to The Pioneer newspaper for headlining this extremely important issue. The petition was filed by the NGO Youth For Equality (support them).

From the story it seems the main petition relates to the 93rd amendment ( quota in private colleges ). For those new to this issue, the 93rd amendment was introduced by the UPA government to overrule the verdict in P.A. Inamdar Vs State of Mah case (Aug 2005). In that case, the SC had ruled that the government cannot impose its quota policies on unaided educational institutions.

Data – the central issue 

When the nine-judge bench ruled on Indira Sawnhey in 1992, it went without saying that the country hoped that the government would act in good faith and in favour of the truly disadvantaged. This has proved not to be the case.  Social justice has been replaced with caste justice. Affirmative action has been replaced with reverse discrimination. Neither of which has any sanction in the constitution. No data has been collected about the actual backwardness of individual castes who gain membership into the OBC group.  In states like TN, even the creamy layer has not been excluded.  Thanks to the ninth schedule loophole, judicial delays have prevented the truly backward from benefitting for over 16 years in that state.

Acorn says,

It is not easy to get middle-class citizens to come out in force and protest against government policy on the streets. The costs of sustained political activism are too immediate, too real and if the agitation is prolonged, too daunting. The benefits, on the other hand, are too remote, too uncertain and too far down the road.

I could not agree more. Unlike other countries (South Korea, USA, Europe, Brazil, Argentina) public rallies have almost always been orchestrated by political forces.

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9 Responses

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  1. Sandeep said, on January 31, 2007 at 3:34 pm

    Reality,

    >>For those new to this issue, the 93rd amendment was introduced by the UPA government to overrule the verdict in P.A. Inamdar Vs State of Mah case (Aug 2005). In that case, the SC had ruled that the government cannot impose its quota policies on unaided educational institutions.
    Sigh! It’s the same story again, repeated this time on the national canvas. Remember the precedent was set in Tamil Nadu more than 25 years ago (?). Have you read Arun Shourie’s latest book on Reservations?

  2. realitycheck said, on January 31, 2007 at 6:05 pm

    Do you mean “Falling over backwards ?” I read it long back.

    I think the AIIMS results are going to be announced Mid – Feb. Hopefully this case is resolved before this academic year starts.

  3. Barbarindian said, on January 31, 2007 at 7:42 pm

    More fun and games:

    A commission to recommend affirmative action for the poor among the upper caste is being revitalised and Major General S R Sinho, who has been heading the Commission for Economically Poorer Sections, is being given a fresh lease of life by an apologetic government – an extension for one year.

    http://www.ibnlive.com/news/upas-concern-for-upper-castes/32512-4.html

    Eventually India may regress back into a modified guild system. The message we get is that unless you are poor, depraved, minority or have suffered historic injustice – you do not have a right to education. Or jobs.

  4. Sandeep said, on February 1, 2007 at 6:02 am

    Reality,
    That’s right, that’s the book I was referring to. Our political numskulls are simply perpetuating what the Brits did–remember the references to caste-based, community-based census, which the book recounts?

    >>I think the AIIMS results are going to be announced Mid – Feb. Hopefully this case is resolved before this academic year starts.
    Hmm… Is it just me or is the AIIMS results the reason the govt is in such a hurry to push the 93 Amendment? To preempt any sensible move by concerned people?

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  8. […] full aid to parochial colleges with explicit discrimination but also imposes more burdens on completely private  Hindu colleges – he would be aghast. The US goes to extraordinary lengths to ensure public money doesnt […]

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