SC CLEARS OBC QUOTA LAW

The Supreme Court on April 10 upheld the law enacted by the Centre in 2006 providing a quota of 27 per cent for candidates belonging to the Other Backward Classes in Central higher educational institutions. But it directed the government to exclude the ‘creamy layer’ among the OBCs while implementing the law. A five-judge Constitution…

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June 18, 2022
The Supreme Court on April 10 upheld the law enacted by the Centre in 2006 providing a quota of 27 per cent for candidates belonging to the Other Backward Classes in Central higher educational institutions. But it directed the government to exclude the ‘creamy layer’ among the OBCs while implementing the law. A five-judge Constitution Bench headed by Chief Justice K.G. Balakrishnan thus paved the way to giving effect to the Central Educational Institutions (Reservations in Admission) Act, 2006, from the academic year 2008-2009. The Bench, that included Justices Arijit Pasayat, C.K. Thakker, R.V. Raveedran and Dalveer Bhandari, also held as valid the 93rd Constitution Amendment that inserted Article 15 (5) in the Constitution to enable the Centre and the States to enact laws concerning quotas.

According to a report, Mr. Justice Bhandari differed with the majority on a short point of the applicability of the 93rd Amendment to private unaided educational institutions. The CJI said: “Reservation is one of the many tools that are used to preserve and promote the essence of equality, so that disadvantaged groups can be brought to the forefront of civil life.” He added: “Reservations provide that extra advantage to those persons who, without such support, can forever only dream of university education without ever being able to realise it. This advantage is necessary.” However, the court directed that a review of the lists of backward classes be made after five years.