Reality Check India

OBC quota – UPA fails to make its case

Posted in Uncategorized by realitycheck on April 23, 2007

The Supreme Court upheld the March 29th stay on the OBC quota today. See news here.  Also see coverage on the Lex blog. The governments petition was very weak. Some parts were amusing such as the contention that the general quota would not be affected.

Meanwhile, the DMK has called for an immediate summoning of both houses of Parliament.

Handle with care 

The UPA government should step back and assess the situation before approaching the CJI with a request for early hearing. This is critical because if you go in front of a constitution bench larger than Indira Sawhney without data then you might put the whole program in jeopardy.

The Congress led UPA government should realize that it is heading a government for all of India, not just Tamilnadu. Social justice in Tamilnadu has a truly different meaning, that simply cannot apply to the rest of India. Many aspects of Tamilnadu’s quota system including the 69% quantum as well as the non-exclusion of the creamy layer are subjudice.  Given this scenario, you cannot have their politicians set the bottomline in the defence.

At this juncture, true statesmanship demands that every one in the union cabinet is made aware of the exact nature of the group called Socially and Educationally Backward Classes. There is an unsurmountable burden of measurement built into the OBC benefits. This is very much unlike SC (Dalit) benefits.  Does this data exist ? Some bloggers claim it does, it seems a simple RTI can get this data out.  If this measurement data exists then great – what are we waiting for? This is the moment to present it in the court.

If this does not exist, then it means that the time has come to constitute the Third Backward Classes commission in the true spirit of social justice.

This time around the commission will work in the age of the internet and free information.

10 Responses

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  1. Barbarindian said, on April 24, 2007 at 2:41 pm

    Early hearing now.

  2. Bruno said, on May 6, 2007 at 12:27 pm

    Few Questions

    1. Where in Constitution of India is Creamy layer mentioned….
    2. Which article….
    3. In a democracy, do the court has MORE power than Constitution and insert something that is NOT at all given in the consitution….

    4. Did the Supreme Court Say yes to 27 % OBC Reservation in “Jobs”
    5. If Yes, what is the reason that two judges suddenly found that the data was insufficient

    6. If the New Census says that OBC Form 60, will Supreme Court permit 60 % Court…… (if yes, wont that be against the previous judgement – if no, what is the logic in asking for Data other than DENIAL of EDUCATION)

  3. Bruno said, on May 6, 2007 at 12:29 pm

    Of course, Social justice in Tamilnadu has a truly different meaning, …. because here the OBCs and SCs have risen from the shackles during the past 70 years……

    //that simply cannot apply to the rest of India. //
    …… Why… You don’t want those who were denied education to get educated.,….

  4. Bruno said, on May 6, 2007 at 12:31 pm

    Last year we had voices that said that Quotas do not work

    But now they say that OBCs in Tamil Nadu (the ladies of communities who were denied to wear blouse 100 years ago) are empowered

    Is the relatively higher empowerment of OBC and SC in tamil nadu than on other states related to the Quotas being implemented in this state

  5. Barbarindian said, on May 7, 2007 at 4:09 am

    1. Where in the constitution did it say OBC reservations before the last (93rd) amendment?
    2. same response.
    3. The court did not insert creamy layer. The PIL alleged that there was no objectivity in deciding who is an OBC. This was one of the points in the PIL. By the way, the NCBC guidelines clearly suggest creamy layer. YOu can not take selective portions of the NCBC guidelines as you please.
    4. Data always changes, law is not a static thing. If we go by your assertion, why did we require any constitutional amendment at all? The first version did not even have reservations for Dalits.
    5. The judges basically found total fraud in stated intent and actual implementation.
    6. Do not get hysterical. No one is denying anyone education. If you want a seat, you must compete. No special privileges. Many OBCs traipse into IITs and IIMs every year. People place the percentage between 8 to 20. In DU the percentage was found to be 23%.

    Last year all the newspapers (and blogs too) were busy printing Dalit oppression stories and demanding OBC reservations.

  6. Observer said, on May 9, 2007 at 12:03 am

    India is going to be a nation of 1.7 billion people in the near future, up from 1.1 billion today. TN is projected to stabilize at 70 million from 62 million today. TN forms less than 6% of the population of India today, and is projected to form less than 4% of the population in 2040. We should not let politicians representing 4% of the population dictate terms to India as a whole. This is against social justice. In fact, the number of seats allotted in the parliament should be reduced from 39 to 20 for TN to satisfy population based social justice. If there are protests about reduction of seats, we can make use of the ingenious suggestion of the TN politicos, and leave the number of TN parliamentary seats fixed at 39, and increase the total number of Lok Sabha seats by another 40 percent. After all there is a precedent!

    Also, going by the strident claims of the TN politicos about the enormous “progress” of TN OBCs, the constitution should therefore be amended to reserve 69% of seats in all TN institutions for Non-TN students so that social justice for all Indians can be achieved. Also, the constitution should be amended to make Hindi the only official language at the Center, because that is spoken by the majority of the population, and the majority is always right according to “social justice” champions.

    While the above may be in jest, I would not be surprised if the “population based” TN social justice champions find themselves at the receiving end of that same justice in another generation. Basically, a communist streak runs through most Indians, which results in equality of poverty everywhere. Everyone knows that to be successful is to invite “social justice” vultures to the table, and hence has a very demotivating effect on the desire to excel. Africa has a similar culture, and one can see why India and Africa have a similar per-capita GDP.

    It is distressing to see even “highly educated” social justice champions exhibit such a pathetic lack of understanding of bigger issues to take the country forward to the top. There are no shortcuts to reach the top. And unless a rapid deregulation of education, commerce, agriculture, and transportation occurs, India is doomed to always have Africa as its benchmark rather than countries like China who have come from behind to overwhelmingly outstrip India.

  7. ashish said, on July 14, 2007 at 11:23 am

    Look who are OBCs, Yadvas, Kurmis, Nadars, Goundars, lingyats and list is endless. in TN anuyone who is non brahmin is an OBC, so obviously you will see a hign % of OBCs there in states like TN, Karnatka etc..These OBCs are from well off background but want easy entry into top institutes and professions , so they are against the concept of creamy layer also. if reservations dont create a creamy layer by uplifting he reserved category people, then the concept of reservation goes for a toss and this needs to be replaced with other forms of affirmative action. This time people of India wont bow and fight out the devious plans of politicians and pro reservationists and show them that this whole OBC reservation concept doesnt have the facts and quantitative data as support.

    India has been ruled by British for last 300 years and before that it was under Muslim rule. So for last 800 years if at all any opression happened , the blame goes to britisgh or Muslim rulers and so by logic we should ask for reservations in UK and in countries from where Muslim invaders came.:) . Some of my proreservationsist friends and the communists in particular will definitely like this idea.

    I would also urge all like minded people to support YFE with finances to carry forward the final battle in supreme court. (I met couple of these people who have been working withoout any personal motive which is coomendable )

  8. Shan Kumar said, on August 22, 2007 at 12:22 am

    Social injustices are the root cause of most unrest including terrorism. What ever be the reason for the so called external support, if there is no discontent within there will be no reason for the external support to succeed. This was and continues to be the case with India for more than one thousand years.

    Castism is worser than apartheid and a major injustice in this country. Unless there is economic and social uniformity this can never be set right. So what is the right metric to identify uniformity?

    Look at the UK or the US and what do they do to identify social inequality among races or different classes of people? There is a map of different classes at different levels prepared and at every level this should match with the population map within certain limits. That is if a community is having 20% share in the population, then there should be about 20% representation in the top management positions across private companies and public companies. There should be about 20% of the doctors from that community. Need not be an exact match. But should be some where close to it.

    Take a look at the current India. Forward castes (brahmins as you have said) form less than 5% of the population. In IAS cadres 65% of the officers are forward caste people; a survey of the local banks was conducted. Almost 92% of the top officials in all major nationalised banks are from the forward caste. The survey was taken in 2007 Jan. So is the case with the insurance companies. The situation is worser with private banks and private insurance companies.

    Where is social equality? Why are the others getting suppressed? Where are the others who are the majority in this country? They never reach the top echelons primarily because of the planned suppression that is going on. This is true of the judiciary too! How can you expect justice from them?

  9. realitycheck said, on August 22, 2007 at 8:13 am

    Shan Kumar,

    All points are well taken.

    >> That is if a community is having 20% share in the population, then there should be about 20% representation in the top management positions across private companies and public companies. >>

    Would you extend the above to land ownership , ownership of elite schools and colleges , political seats in legislatures , ownership of resorts/ coffee estates ?

    Any law has to be evenly balanced – you cant interpret proportional representation as “minimum representation”.

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