New Delhi, Sept 25: The adoption of "caste" by the
Centre as a basis for identifying the backward class for
extending the benefits of reservation will have to pass the
tough test of the Supreme Court which today expressed serious
concern over the inclusion of more castes in such category.
The apex court was perturbed that none of the castes
which have been in the category of the backward class list for
years have been excluded from the benefit of quota.
"Our objection is not to the rejection of castes
seeking inclusion in the list but the non exclusion of the
castes from the list which have been there for years," a
five-judge constitution bench headed by Chief Justice K G
Balakrishnan observed.
The bench's remark came when Solicitor General G E
Vahanvati was appraising it about the exercise undertaken by
the authorities while including and rejecting various castes
in the list of backward classes.
The Court took note of centre's submission that not a
single caste has been excluded from the list of backward class
as there was not a single complaint on the issue before the
National Commission for Backward Class.
"Suppose there is no complaint then there will be no
exclusion," the bench observed and wanted to know whether for
exclusion there was the necessity of a complaint.
Dwelling further on the inclusion of more castes in
the list of backward classes, the bench said it implied that
instead of making upliftment that castes have gone down.
"By inclusion it would mean that people of that caste
have gone down and exclusion (of a caste) will have to mean
that they have gone upward. In economic terms it is
appreciation and depreciation," the bench, which is examining
the constitutional validity of the law providing 27 per cent
quota for the OBCs in central educational institutions,
observed.
The Centre, which commenced its arguments defending the
controversial legislation, the Central Educational
Institutions (reservation in admission) Act, 2006, asserted
that "identification of caste is the starting point for
identification of OBCs".
Refuting the arguments of anti-quota petitioners that
caste cannot be the basis for determining and identifying the
Socially and Educationally Backward Classes (SEBCs), Vahanvati
said "you cannot ignore the composition of the Hindu society
predominantly based on caste".
"Caste is the primary index of social backwardness," he
said maintaining that Schedule 3 of the constitution also
recognises identification of backward class on the basis of
caste.
He said caste system was based on occupation being
followed by a particular class for centuries and a person was
identified only on that basis and even if he attains economic
upliftment, the identification remains the caste.
Vahanvati said the stark reality was that for any
programme of betterment of society and for establishing a
classless society "we have to go into the roots of caste
system".
Touching upon the concept of 'creamy layer', he said if
there was an identification of such group without caste as a
basis, it would be logically wrong and practically impossible.
At this, the bench put a question to the Solicitor
General as to what was the significance of the statement that
caste was the starting point of identification of backward
class.
Replying, Vahanvati said identification on the basis
of caste applies to Hindu community as other community do not
apply caste system.
Bureau Report