Skip to main content

JUDGEMENT DAY – NOVEMBER 16 (1992)


 
The Constitutionally mandated (Art.340) Commission for Backward Classes under the leadership of *B.P.Mandal,* namely the Second Backward Classes Commission, submitted the report to the Union Government on 31st December 1980 recommending 27 per cent reservation for Backward Classes in jobs and education as well as in promotion, judiciary and private sector.

On 7th August 1990, saviour of Social Justice *V.P.Singh* as Prime Minister of the country, announced in the Parliament that the Government will implement  27 per cent reservation for OBCs in direct recruitment of central government services and public sector undertakings and G.O. dated 13.8.1990 was issued.

On 25th September 1991, the Congress Government headed by *P.V.Narasimha Rao* issued a modified memorandum to enable the poorer sections in SEBCs (OBCs) to receive benefits of reservation on preferential basis and to provide 10 per cent reservation for economically backward sections of the people not covered by any of the existing schemes of reservation.

Both these OMs were challenged in the Supreme Court (Indra Sawhney Case otherwise also called as Mandal Reservation Case) and got stayed. Finally, after detailed arguments from both sides, the nine Judges Constitution Bench of the Supreme Court by 6-3 majority gave the following judgments on 16.11.1992.

1.    Court upheld the order of V.P.Singh reserving 27 per cent for OBCs.
2. Court rejected as unconstitutional, the 1991 order of Congress government reserving 10 per cent for economically backward sections of the people not covered by any of the existing schemes of reservation.
3. Advanced sections among OBCs (Creamy layer) must be excluded from availing reservation of OBCs.
4.  No reservation in promotion.
5.  Reservation shall not exceed 50 per cent.

After 32 years of its judgement, if we look now, the representation of OBCs in Union Government departments is totally dismal and disappointing.

The court's order is peppered with so many 'ifs' and 'buts' and doses of diffidence that it is extremely unlikely that the entire quota will ever be used up and the policy of reservation will remain only in paper.

Now with implementation of EWS 10 per cent for upper castes, and the Apex Court upholding the Act, the ceiling of 50 per cent has no meaning.

Therefore, every effort by all of us should be made towards total implementation of Mandal Commission Recommendations including 52 per cent reservation for OBCs, abolishing the creamy layer concept, reservation in promotion, judiciary and private section and most importantly, action against officials for failure to comply the order of the Government on implementation of reservation policy.

-G.Karuananidhy
General Secretary,
AIOBC Federation
16.11.2024

Comments

Post a Comment

Popular posts from this blog

Helen Mirren once said: Before you argue with someone, ask yourself.......

Helen Mirren once said: Before you argue with someone, ask yourself, is that person even mentally mature enough to grasp the concept of a different perspective. Because if not, there's absolutely no point. Not every argument is worth your energy. Sometimes, no matter how clearly you express yourself, the other person isn’t listening to understand—they’re listening to react. They’re stuck in their own perspective, unwilling to consider another viewpoint, and engaging with them only drains you. There’s a difference between a healthy discussion and a pointless debate. A conversation with someone who is open-minded, who values growth and understanding, can be enlightening—even if you don’t agree. But trying to reason with someone who refuses to see beyond their own beliefs? That’s like talking to a wall. No matter how much logic or truth you present, they will twist, deflect, or dismiss your words, not because you’re wrong, but because they’re unwilling to see another side. Maturity is...
Post a Comment
Read more

Why BJP is opposing the Telangana caste census?

The BJP opposes the Telangana caste census primarily due to concerns about its political motivations, alleging that the Congress party is using it for electoral gain rather than genuine welfare of Backward Classes (BCs)  1 3 .  BJP leaders argue that the census distracts from Congress's unfulfilled promises to BCs and could exacerbate social divisions  2 4 .  Additionally, there are fears within the BJP that a detailed caste enumeration might reveal ongoing upper-caste dominance in politics and society, which could challenge their support base  7 8 . The BJP's main arguments against the caste census include: Political Manipulation : BJP leaders assert that the Congress party is using the caste census for political advantage rather than for the welfare of Backward Classes (BCs), claiming it distracts from unfulfilled promises made to these communities  2 4 . Threat to Hindutva Agenda : The party views the census as a potential challenge to its support base a...
Post a Comment
Read more

JAI HIND: WHO DO WE OWE IT TO?

Though the origin of Jai Hind is usually ascribed to Chempakaraman  Pillai in 1907, it didn’t have a popular usage till Netaji Bose made it the standard greeting of the INA. How this happened to be has a Hyderabad connection. It is believed by Netaji’s close followers that the slogan "Jai Hind" as coined by Abid Hasan Safrani.   Abid Hasan Safrani  was the son of the soil of Hyderabad in India. His real name was Zainul Abedin Hasan. He preferred to be called Abid Hasan. His parents expired during the British Raj. Before that they had sent him to Germany instead of England for higher studies in Engineering stream. During the that time, Netaji Subhas Chandra Bose visited Germany and addressed Indian  prisoners of war & also students and asked them  to join Indian National Army (Azad Hind Fauj). Abid Hasan met him and got inspired by the charisma of Netaji.  He told him that he would join him after finishing his studies. Netaji said tautingly t...
Post a Comment
Read more