Centre should implement OBC quota, SC stay raises issues : CPI(M)

New Delhi, Apr 5 (UNI) The CPI(M) has said the Supreme Court's decision to stay the reservation for Other Backward Classes (OBCs) in centrally-run institutes of higher education raises serious constitutional issues and allegedly cast doubts on the legislature's competence in making the law.

In an editorial in the latest issue of party weekly People's Democracy, the CPI(M) said the Centre should take all measures required to implement reservation for OBCs.

The CPI(M) said Parliament had, in a near unanimous amendment to the Constitution, adopted the decision to grant 27 per cent reservation for OBCs in institutes of higher education.

The editorial said the roles, duties and responsibilities between the three wings of our parliamentary democracy --legislature, executive and judiciary -- have been properly delineated.

The legislature makes laws, the executive implements and enforces these laws and the judiciary can interpret and oversee the enforcement of these laws with the aim of delivering justice to the people. The judiciary, therefore, cannot make the law, it added.

The editorial said this stay order by a two-judge bench of the Supreme Court appears logically inconsistent with this very Court's nine-judge bench which earlier approved 27 per cent reservation for OBCs in government jobs with the exclusion of the creamy layer.

The earlier judgement of the Supreme Court was based on the Centre's decision to implement the recommendations of the Mandal Commission report. ''The current decision of the government to extend this to educational institutions is based on these very same Mandal Commission recommendations,'' it said.

If reservations in jobs is correct, then how can reservations in educational institutions be wrong? If reservations in educational institutions are wrong, then how can reservations in jobs be correct, the editorial added.

The CPI(M) said the Mandal Commission based its report on the 1931 data as in the early 50s Sardar Patel had prohibited caste enumeration in the census.

The editorial said the Supreme Court earlier ruled the quantum of reservation in any case should not exceed 50 per cent and added the apex court made an exception of those states where quota above the prescribed norms already existed.

Any estimation of the OBC population that is above 27 per cent cannot question this quantum. Varying estimations of the OBC populations are all above the 27 per cent mark. The Mandal Commission had estimated the OBC population to be 52 per cent.

''Prior to the Mandal Commission recommendations and subsequently, there continues to exist a 22.5 per cent reservation in jobs and educational institutions for SCs and STs,'' it added.

Given this judgement, no quantum of reservation for the OBCs could exceed 27.5 per cent and in its wisdom, the Mandal Commission recommended 27 per cent.

The Commission made its estimation on the basis of detailed questionnaires, demographic projections and used the lists of OBCs that existed, the editorial added.

UNI