Quotas again
Universal education is the only tool for diffusing caste privilege
Come elections, and the issue of reservations spills on to the streets, besides echoing in courtrooms. Behind the din, the substantive questions are often lost. This week, a five-judge Constitution Bench of the Supreme Court takes up the breach of the 50 per cent ceiling on reservation in the ongoing Maratha reservation case. The specific appeal is against a judgment of the Bombay High Court that upheld the validity of the Maharashtra State Socially and Educationally Backward Classes (SEBC) Act that provided reservation to Marathas in public and private educational institutions. The substantive question that the apex court is considering is about whether the Constitution (102nd) Amendment curtails the power of the States to extend reservation to SEBCs and if the Indra Sawhney judgment, that capped all reservation at 50 per cent, needs to be re-examined. There are several States including Haryana, Telangana and Rajasthan where the 50 per cent cap has already been breached or is in the process of being breached. Additionally, there is the 124th Amendment to the Constitution that provides 10 per cent reservation to economically weaker sections. Then there is the Tamil Nadu Backward Classes, Scheduled Castes and Scheduled Tribes (Reservation of seats in educational institutions and of appointments or posts in the services under the State) Act of 1993 which has thus far been protected from judicial review under the Ninth Schedule umbrella.