History of OBC Reservation

Under Article 340 of the Indian constitution it is obligatory for the government to promote the welfare of the Other Backward Classes.

The first Backward Classes Commission headed by Shri kaka kalelkar in 1953, and Mandal Commission headed by Shri B.P.Mandal in 1980 has given many useful recommendations for the welfare of Other Backward Classes. The population of OBC’s which includes Hindus and Non-Hindus was around 52% of the total population according to the commission.

27% of reservation was recommended owing to legal constraints that the total quantum of reservation should not exceed 50%.

One of the most important recommendations is that all private sector undertakings which have received financial assistance from the government in one form or another should be obliged to recruit personnel on the reservation basis. But, even after 2 decades we are unable to get it inspite of our continuous efforts.

On August 7 1990, the then Prime Minister Shri. V P Singh announced that his National Front Government was going to implement Mandal Commission recommendations in Education and jobs, inspite of strong agitations from Forward Communities. In fact, Shri V P Singh lost his power due to his mandalisation policy. The federation remembers him on this special day for his service rendered to this community.

One needs to understand the psychology of opposition of reservation to OBC’s.

When the jobs are nowhere and everything is gone private, then why are the upper castes angry with the reservation for Backward Communities?

The fact is that seats for dalits were rarely fulfilled and we have seen huge backlog. There has been no protest. It was easier to curtail the protest of the dalits because of their numbers and social background.

Now the reservation for backward communities being a reality, the powerful backward communities will hit and break the bone of upper castes. That is the fear of this community. They know that there are enough students from these communities who will join great institutes of technology and management.

The Supreme Court of India on April 10 2008 upheld the government’s move for initiating 27% OBC quotas in Govt. funded Institutions. But it is necessary for the Govt. at this juncture to exclude the creamy layer policy from the reservation quota.

To be strong in the present scenario, it is more important to show our strength and unity of OBC’s. AIOBC association work towards social justice. AIOBC is giving hand and helping us in this regard.

The issue of under-representation of the socio-economically deprived, discriminated backward caste and classes in the spheres of education, employment, administration and commerce is burning at this stage. I appeal all the member associations to work hard towards the success of the reservation policies.

Let us truly reform our society and work for a truly democratic India, where every community participates in power and every person gets their reservation in respective areas in proportion to their shares in population.

Wednesday, May 12, 2010

உச்ச நீதிமன்றத் தீர்ப்பால் ஐ.ஏ.எஸ். பதவி ஒதுக்கீடு பாதிக்கும்

சென்னை, மே 8: ஐ.ஏ.எஸ்., ஐ.பி.எஸ். பதவிகளுக்கான ஒதுக்கீடு தொடர்பாக உச்ச நீதிமன்றம் அளித்துள்ள தீர்ப்பால் பிற்படுத்தப்பட்ட, ஆதி திராவிட மக்கள் பாதிக்கப்படுவர் என்பதால் முதல்வர் கருணாநிதி இதில் தலையிட்டு, இடஒதுக்கீட்டுக்கு சட்ட ரீதியான பாதுகாப்பு பெற்றுத் தர வேண்டும் என திராவிடர் கழகத் தலைவர் கி. வீரமணி கோரிக்கை விடுத்துள்ளார்.

இது தொடர்பாக அவர் சனிக்கிழமை வெளியிட்ட அறிக்கை:


உச்ச நீதிமன்ற தலைமை நீதிபதி கே.ஜி. பாலகிருஷ்ணன் தலைமையிலான எஸ்.எச். கபாடியா, பி. சுதர்சன் ரெட்டி, ஆர்.வி. ரவீந்திரன், பி. சதாசிவம் ஆகியோர் அடங்கிய அரசியல் சாசன பெஞ்ச் வெள்ளிக்கிழமை அளித்துள்ள தீர்ப்பு தாழ்த்தப்பட்ட, பிற்படுத்தப்பட்ட மாணவ, மாணவியருக்குப் பாதிப்பை ஏற்படுத்தும் வண்ணம் இருக்கிறது.

இதன்படி, பொதுப் போட்டியில் அதிக மதிப்பெண் பெற்று இடம் பிடிக்கும் பிற்படுத்தப்பட்டோர், தாழ்த்தப்பட்டோர், இடஒதுக்கீட்டுப் பிரிவுக்கு விருப்பம் தெரிவித்தால், ஏற்கெனவே இடஒதுக்கீட்டுப் பிரிவில் இடம் கிடைத்தவர்கள் வெளியேற்றப்படுவர்.

பொதுப் பிரிவில் காலியாகும் இடத்துக்கு, ஏற்கெனவே அந்தப் பிரிவில் காத்திருப்போர் பட்டியலில் உள்ளவர்கள் பொதுப் பிரிவில் இடம் பிடித்து விடுவார்கள். அவ்வாறு இடம் பிடிப்பவர்கள், இட ஒதுக்கீட்டுப் பிரிவில் உள்ளவர்களைவிட குறைவான மதிப்பெண் பெற்றவர்களாக இருப்பர்.

இதனால் இடஒதுக்கீடு வாய்ப்பு இல்லாதவர்கள் கூடுதல் இடங்களைப் பெறுவர். இட ஒதுக்கீட்டால் வாய்ப்பு கிடைத்த சிலருக்கு, வாய்ப்பு மறுக்கப்படும்.
எனவே, இதில் முதல்வர் கருணாநிதி தலையிட்டு, சட்ட ரீதியான பாதுகாப்பு நிலையை உருவாக்க முயற்சிக்க வேண்டும் என்று வீரமணி வலியுறுத்தியுள்ளார்

Tuesday, May 11, 2010

Caste-based census will be more authentic: Moily

Union Law Minister M. Veerappa Moily on Wednesday said a caste-based census will help generate a more “authentic” and fresh data on backward classes in the country.


Mr. Moily, who has been favouring inclusion of castes in the census, said the exercise will be “more authentic, because after 1931 there is no caste-based data with regard to the OBCs... it is more appropriate.”

The Law Minister had a few months ago written to Prime Minister Manmohan Singh requesting him to include castes in the latest census exercise.

“There are differing views (in the Cabinet) but that does not mean divisions,” he said when asked about the lack of consensus at the Cabinet meeting yesterday on conducting caste-based census.

When pointed out that Home Minister P. Chidambaram had expressed opposition to caste-based census at the Cabinet meeting, Mr. Moily said he was not opposing but only representing the views of the Home Ministry.

Mr. Moily’s Cabinet colleague Farooq Abdullah said the discussions to explore views on caste-based census were for the next census and not the exercise currently underway.

“There is no question of division... The census has already started. So, it is not possible to do it in this census... I don’t think it is possible this time to introduce this,” Mr. Abdullah, Minister for New and Renewable Energy, told reporters outside the Parliament.

“If it had to be done for this census, this discussion should have been held earlier,” said Mr. Abdullah who had participated in the discussions on the issue in the Cabinet meeting.

Decision soon on caste-based census, Manmohan assures Lok Sabha

Prime Minister Manmohan Singh on Friday assured the Lok Sabha that the government would soon take a decision on the Opposition demand for a caste-based census.


“I am aware of the views of the Members of Parliament belonging to all sections. I assure you that the Cabinet will take a decision shortly,” Dr. Singh said in a brief statement.

The statement put at ease agitated Opposition members, particularly Samajwadi Party chief Mulayam Singh, Rashtriya Janata Dal supremo Lalu Prasad and Janata Dal (United) leader Sharad Yadav.

The three leaders and other Opposition members were ruffled over Home Minister P. Chidambaram's reply to the debate on census. He said there were difficulties in conducting a caste-based census and the government would keep in mind the members' views.

As soon as the Minister concluded his reply, which was punctuated by interruptions from the Opposition benches, and the House was adjourned to meet again at 2.30 p.m., the three leaders approached the Prime Minister, Congress president Sonia Gandhi and leader of the House Pranab Mukherjee. They were seen talking to them, trying to elicit some kind of an assurance on their demand. They also held a meeting with Mr. Mukherjee separately, when BJP's deputy leader Gopinath Munde was also present.

When Dr. Singh gave the assurance soon after the House reassembled, the three leaders thanked him and the Congress president for trying to resolve the matter in an amicable manner.

“A valuable guide”

Earlier, while taking note of the discussion over the last two days that witnessed arguments and reasons for canvassing the question of caste, Mr. Chidambaram said the government was seized of the matter. “The views of honourable members will certainly be a valuable guide to the government,” he said in his statement, which virtually gave out nothing but offered explanation relating to the Census 2011 and preparation of the National Population Register (NPR), the two exercises which are on. The debate on the issue saw members cutting across party lines favouring a caste-based census.

Replying to the debate, the Home Minister stressed that the main aim of the exercise was headcount and listed difficulties in including caste in the list. The Registrar-General had pointed out a number of logistics and practical difficulties in canvassing the question of caste while conducting census. However, he assured the House that the government “will give due weight to all aspects of the issue.”

“The enumerator is not an investigator or verifier,” Mr. Chidambaram said, pointing out that 21 lakh enumerators — mostly primary school teachers — had no training or expertise to classify the answer as OBC or otherwise.

“There is a Central list of OBCs and State-specific lists of OBCs. Some States do not have a list of OBCs while some have a list of OBCs and a sub-set called Most Backward Castes,” he said.

Many issues

Quoting the Registrar-General, Mr. Chidambaram said issues regarding methodology, avoiding phonetic and spelling errors, stage of canvassing of caste, maintaining integrity of enumeration and doing an accurate headcount of population would arise.

“The census is done under the authority of the Census Act, 1948. Census 2011 will be the 15th national census since 1872 and the 7th since Independence. Population census is the total process of collecting demographic, economic and social data. What is published as the census data are only aggregates; the information relating to the individual is confidential and not shared with anyone or any authority,” he said.

While throwing up the question if the census was the vehicle to carry out caste-based enumeration, he pointed out that records showed that an attempt was made by the Ministry of Social Justice to include caste as one of the questions that should be canvassed in the 2001 Census. “However, the government of the day — the NDA government — did not take a decision to that effect and maintained the policy that has been in force since 1951,” Mr. Chidambaram said.

Merit candidates can migrate to reserved category in civil services: court

The Supreme Court on Friday held that candidates in the ‘Meritorious Reserved Category' (MRC) selected on merit and placed in the ‘general/unreserved category' in the Central Civil Services Examination could be given a choice to opt for a service of higher preference in terms of Rule 16 (2) of the CSE Rules.


This rule says: “While making service allocation, candidates belonging to SC/ST or OBCs recommended against unreserved candidates may be adjusted against reserved vacancies by the government if by this process they get a service of higher choice in the order of their preference.”

A Constitution Bench of Chief Justice K.G. Balakrishnan and Justices S.H. Kapadia, R.V. Raveendran, B. Sudershan Reddy and P. Sathasivam said: “The reserved candidates belonging to the OBC/SC/ST categories who are selected on merit and placed in the list of general/unreserved category can choose to migrate to the respective reserved category at the time of allocation of services. Such migration as envisaged under Rule 16 (2) is not inconsistent with Rule 16 (1) or Articles 14, 16 (4) and 335 of the Constitution.”

The Centre appealed against a Madras High Court judgment holding ultra vires and unconstitutional Rule 16 (2) and directing it to rework service allocation dehors Rule 16 (2). Certain writ petitions were also filed. The Supreme Court stayed the judgment and referred the matter to a larger Bench.

Now, the CJI, writing the judgment, said: “MRC candidates who avail themselves of the benefit of Rule 16 (2) and are adjusted in the reserved category should be counted as part of the reserved pool for the purpose of computing the aggregate reservation quotas. The seats vacated by MRC candidates in the general pool will be offered to general category candidates.”

Two classes

The Bench said: “By operation of Rule 16 (2), the reserved status of an MRC candidate is protected so that his/her better performance does not deny him/her the chance to be allotted to a more preferred service. The amended Rule 16 (2) only seeks to recognise the inter se merit between two classes — (a) meritorious reserved category candidates and (b) relatively low ranked reserved category candidates — for the purpose of allocation to the various Civil Services with due regard for the preferences indicated by them.”

The Bench said: “When MRC candidates are put in the general list on their own merit they do not automatically relinquish their reserved status. By operation of Rule 16 (2) the reserved status of an MRC candidate is protected so that his/her better performance does not deny such candidate the chance to be allotted to a more preferred service.”

Procedural change in census questionnaire mooted

With a view to ensuring caste-based enumeration, the Tamil Nadu Backward Classes Commission has suggested a procedural change in filling up the questionnaire prepared for the Census of 2011–Household Schedule.


In his opinion submitted to the State government on April 20 [which was released to the media on Saturday], Chairman of the Commission Justice M.S. Janarthanam stated that “for the systematic enumeration of castes, there is no need at all to amend or alter or add anything new to the questionnaire.” What was required to be done was to furnish the name of the caste in respect of “Others,” namely, Other Backward Classes, in the answer to question nos. 7 (i) and 7 (ii) under the column no. 8 and 9 of the questionnaire. [The questionnaire has a provision for enumerating Scheduled Castes/Scheduled Tribes].

If this was done, the systematic enumeration of castes of “Others”, viz., OBCs and SC/STs would be complete and effective.

The Commission called for providing adequate training to enumerators in this regard. This could be done without any involvement of special or extra expenditure.

The indicators of other criteria for the determination of socially and educationally backward classes of citizens, such as castes/classes regarded as socially backward, those mainly depending on manual labour for livelihood and those having student dropout in the age group of 7 to 15 years could be ascertained from the data available with the Statistics department of the respective States.

Mr. Justice Janarthanam said caste enumeration, carried out as suggested by him, would be authentic and it would enable the government to determine the question of a particular community or caste falling within the ambit of BC or MBC (Most Backward Classes) or otherwise, satisfying the members of such castes or communities demanding reconsideration of their status – BC, MBC or otherwise.

He urged the State government to seek the concurrence of the Union government for the proposed procedural changes which, in his opinion, may not pose any problem. He recalled the Commission's recommendation given in May 2007 to the State government, calling for a survey on socio-economic and educational conditions of the people.

The State government, in its press release, mentioned that it was making public the opinion of the Commission Chairman as this would be of use to the public and political parties under the present circumstances.

OBC census: SC seeks govt response

A PIL in the Supreme Court on Monday made a strong pitch for utilising the elaborate ‘Census 2011’ mechanism to end the 80 long years of speculation about the exact population of other backward classes (OBC), which had been the basis for 27% reservation in jobs and educational institutions.

PIL petitioner Kishore Govind Kanhere through counsel D K Garg said that while the Mandal Commission estimated that OBCs constituted 52% of the total population, the National Sample Survey Organisation (NSSO) in its 61st round of survey (2004-05) had pegged it at 41% in its report on employment and unemployment situation amongst various social groups in India.

Arguing before a Bench comprising Chief Justice K G Balakrishnan and Justices Deepak Verma and B S Chauhan, the counsel said if the census took steps to identify the numbers of SCs and STs, why should the OBCs be left out of the purview of exact enumeration of their numbers.

When the Bench looked up to Solicitor General Gopal Subramaniam for a response, the law officer immediately assured the court that there was no need for the Bench to issue notice to the Centre and that he would get the response of the government on this issue within three weeks. The PIL said that the last caste-based census was held in the year 1931, wherein the OBCs were covered and complained that despite a large number of representations to the home ministry for inclusion of OBCs in Census 2011, there had been no positive response.

It said the social justice and empowerment ministry had conceded that it had been fixing targets under various scheme for upliftment of OBC population without having the data about their numbers. Even this ministry had written to the census authorities for finding out the exact number of OBC population, but the request had been turned down, the petitioner said.

The PIL referred to the law relating to 27% reservation for OBCs in central educational institutions and the subsequent challenge to its constitutional validity in the Supreme Court.

“In order to provide reservations for backward classes among citizens in public educational institutions and for providing equal opportunity in public employment, it is necessary that census should cover OBCs as envisaged under Article 340 of the Constitution,” the petitioner said.