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Education News
DELHI firmative action, has been a conten-
Yet another quota tious issue since the Constitution of
India came into effect on January
26, 1950. At that time, provisos were
appended to Articles 15 and 16 to
reserve 22.5 percent of seats in HEIs
for historically oppressed and cruelly
discriminated scheduled castes (15
percent) and scheduled tribes (7.5
percent) under the Hindu caste sys-
tem. The objective of these provisos
was to atone for historical injustices
and legislate positive discrimina-
tion in their favour. In 1992, after
publication of the Mandal Commis-
sion Report, an additional 27 percent
of capacity in HEIs was reserved for
traditionally neglected OBCs (other
backward castes/classes).
Positive discrimination legislation
in favour of bottom-of-the-pyramid
Protesting students in Maharashtra: excessive affirmative action discontent citizens aroused considerable op-
position especially in the 1990s,
n the day (august 5) when the category for the admission process when 27 percent capacity reservation
United Nations confirmed of 2020-21, delayed due to closure of was decreed for OBCs. The coun-
Othat the education of more all education institutions during the try’s newly emergent middle class is
than 1.5 billion children in 160 coun- pandemic. opposed to reserved quota in HEIs
tries including India, has been se- Enacted by the BJP/NDA govern- on grounds that affirmative action
verely disrupted and endangered by ment at the Centre in January 2019 discriminates against hard-working
the Covid-19 pandemic and that in in the run up to General Election meritorious students and lowers
developing countries, an estimated 2019 to harvest the votes of the up- teaching-learning standards in HEIs.
50 million may drop out of education per castes — the natural constituency In 1992, in Indira Sawhney vs
permanently, India’s pre-pandemic of the BJP which has always resented Union of India, a nine-judge bench
affirmative action initiative of last reservations for the traditionally of the Supreme Court accepted the
year, which reserves an additional oppressed scheduled castes, sched- case for positive discrimination in
10 percent quota in higher education uled tribes and after 1992 for OBCs favour of traditionally oppressed
institutions and government jobs for (other backward castes/classes) — sections of society, but capped res-
economically weaker sections (EWS), the Constitution 103rd Amendment ervation at 49.5 percent of capacity
came up for hearing in the Supreme Act carves out a 10 percent reserved in HEIs. However, citing a report of
Court. quota in public higher education the Commission for Economically
Hearing several petitions chal- institutions and government jobs for Backward Classes 2010, chaired by
lenging this new quota provided by a new subcategory — economically Maj. Gen. (Retd.) S.R. Sinha, the
the Constitution (103rd Amend- weaker sections within the general BJP/NDA government legislated the
ment) Act, 2019, the Supreme Court (merit) category. The Amendment 103rd Amendment Bill (now the 124
bench comprising Chief Justice S.A. Act has amended Article 15 which Constitution Amendment Act, 2019).
Bobde, Justice R. Subhash Reddy prohibits discrimination on the basis There is undoubtedly some
and Justice B.R. Gavai referred of religion, sex, caste or place of birth merit in the argument that exces-
them to a five-judge constitutional and Article 16 which guarantees sive reservations in HEIs in favour
bench stating that the case involves equal opportunity in public em- of historically oppressed castes drive
substantial questions of law and ployment to permit positive dis- down teaching-learning standards.
interpretation of constitutional crimination for economically weaker In the US, progressive HEIs tend to
provisions. However, the bench sections regardless of caste and class limit affirmative action admissions
declined to stay the amendment considerations. (which necessitates lower cut-offs in
Act. This means a 10 percent quota Reservation of seats in higher entrance exams) to 10-15 percent. If
will be carved out from the general education institutions (HEIs), aka af- the Supreme Court validates the new
16 EDUCATIONWORLD AUGUST 2020