Protective Measures for Inclusivity of OBCs And Muslims in Indian Constitution

By Prof. Sunil Goyal, New Age Islam

10 May 2023

The Government of India set up the Kaka Kelkar Commission in 1952 with a view to identifying the OBCs and giving them similar benefits as it had extended to SCs and STs.  The Commission submitted its report in 1955 but its recommendations were contested in the courts until the Supreme Court ruled in 1963 that total reservation, inclusive of the quantum for SCs and STs could not exceed 50%.  Nothing happened for the next 15 years.

It was in 1978 that the Government of India decided to set up the Second Backward Classes Commission under the Chairmanship of Mr. B. P. Mandal.  The Commission aimed at providing affirmative action policies for backward and disadvantaged castes in order to redress caste discrimination.  The Commission used as many as 11 indicators to determine the backwardness.  The Commission identified 3,743 castes and communities, constituting 52% of the total population, as OBCs.  Driven by the 1963 Judgement of the Supreme Court, the Commission recommended 27% reservation to OBCs in all services and public sector undertakings under the Central Government.  It also recommended 27% reservation to OBCs in admission to all public institutions of higher learning.

Though the report of the Commission was submitted in 1978, it took 12 years for the government to implement its recommendations.  In August 1990, The Government of India announced the implementation of the Commission’s recommendation.  The announcement met with tremendous resistance, and a writ petition was filed in the Supreme Court against the implementation of the Commission’s recommendations.  The Supreme Court, however, in its judgment (November 16, 1992) upheld 27% reservations in services for OBCs.  Subsequently, the Central Government introduced the Bill.  The Central Educational Institutions (Reservation in Admission) Bill No. 76 of 2006 in the Parliament made 93rd Constitutional Amendment which provided for the reservation in admission of the students belonging to SCs, STs and OBCs to learning institutions established, maintained or aided by the Central Government, and for matters connected therewith or incidental thereto. 

The Bill was passed by both the Lower House and the Upper House of the Parliament on December 14 and 18, 2006 respectively.  No sooner had the Bill received an assent of the President and became the Central Educational Institutions (Reservation in Admissions) Act, 2007 than its Constitutional validity was challenged in the Supreme Court.  The Supreme Court in its judgment delivered on April 10, 2008 upheld the 93rd Amendment to the Constitution enabling the Government to reserve 27% per cent OBC quota in all centrally funded institutions of higher learning.

The Muslim community in India constitutes 13.43% of the total population.  Article 29 provides the minorities the right to conserve their language, script and culture.  Article 30 gives the right to the minorities to establish and administer learning institutions of their choice. It has been expressed that amongst the minorities which have suffered learning, the sense of inequity may be perpetual as a result of discrimination that the minority may face due to difference in ‘identity’.

In this connection, the Government of India is initiating several measures to bring about qualitative improvement in the status of the Muslim community.  The present government in the centre has created a new 'Ministry of Minority Affairs' which has been entrusted with the responsibility of overall policy, planning, coordination, evaluation and review of the regulatory and developmental programs of the minority communities.  The same government through an Act of Parliament has also established the National Commission for Minority Learning Institutions on 11th November, 2004 to advise the central or any state government on any question relating to learning of minorities.  It has to look specific complaints regarding deprivation or violation of rights of minorities to establish and administer learning institutions of their choice and dispute relating affiliation to a scheduled university and has to do other acts and things necessary, incidental or conducive to the attainment of all or any of the objects of the commission. 

The government has also set up a 'National Monitoring Committee for Minorities Education (NMCME)' under the chairmanship of Union Minister for Human Resource Development (MHRD) in the year 2004.  A Standing Committee of the NMCME has also been constituted to attend to the problems related to the learning of minorities on an ongoing basis. Not only that the Government of India also set up a higher-powered Committee to understand social, economic and learning status of the Muslim community in India under the Chairpersonship of Justice Rajinder Sachar in 2005. 

The report consolidates, collates and analyses information with regard to the states, the regions, the districts and blocks where Muslims of India mostly live; geographical pattern of their economic activities; income levels; level of their socio-economic development; relative share in public and private sector employment; proportion of OBCs from the Muslim community in total OBC population. 

Information on these aspects has been indicated in the report of this committee to identify areas of interventions by the government to address relevant issues relating to the social, economic and learning status of the Muslim community.  Besides, the Prime Minister has also introduced a new 15-point program, for the welfare of minorities, which relate to enhancing opportunities for their learning, equitable share in economic activities and employment, improving the conditions of living of minorities and prevention and control of communal riots.

Articles 350 (A) advocates instruction in mother tongue at primary stage and Article 350 (B) provides for a special officer to safeguard the interests of linguistic minorities.  Further, the Constitution of India in its 'Union', 'State' and 'Concurrent List' defines the powers and functions of the Centre and the States.  Under the Constitution originally adopted, learning was primarily a state subject. 

Since this led to differential learning progress across the States, learning was transferred to the Concurrent List through a Constitutional Amendment in 1976, which implies meaningful partnership between the Centre and the States.  Though this shift did not change the role and responsibility of the States, it gave the Central Government a major role in strengthening the learning system in the country.  Since then, a large number of schemes and programs in the form of affirmative policy interventions have been launched by the Central Government in collaboration with the State Governments to overcome the inadequacies hindering the learning progress.  Consequently, the age-old discriminatory practices have nearly vanished.  The learning status of marginal groups has greatly improved compared to the situation before country’s independence.

----

Prof. Sunil Goyal is an Eminent Social Scientist, Dean and Chairman – Board of Studies, Dr. B. R. Ambedkar University of Social Sciences, Dr. Ambedkar Nagar (MHOW), Madhya Pradesh

 

URL:   https://newageislam.com/islam-politics/inclusivity-obc-muslims-indian-constitution/d/129741

New Age Islam, Islam Online, Islamic Website, African Muslim News, Arab World News, South Asia News, Indian Muslim News, World Muslim News, Women in Islam, Islamic Feminism, Arab Women, Women In Arab, Islamophobia in America, Muslim Women in West, Islam Women and Feminism