OBC quota violates anti-reservationists: SC
New
Delhi,
Sep
12:
The
Government
notification
providing
27
per
cent
reservation
to
OBCs
in
centrally-run
educational
institutions
of
higher
studies
violates
the
basic
structure
of
the
Constitution
as
it
denies
the
benefit
of
reservation
to
minorities
in
the
country,
anti-reservationists
told
the
Supreme
Court
today.
Senior counsel K K Venugopal appearing for Resident Doctors Welfare Association also contended before the five-judge Constitution bench headed by Chief Justice K G Balakrishnan that secularism is the part of basic structure of the Constitution as has been held by this court in the S R Bommai case and hence the impugned notification providing reservation on the basis of caste is liable to be struck down as unconstitutional.
Other judges on the bench were -- Justices Arijit Pasayat, C K Thakker, V Ravindran and Dalveer Bhandhari.
Mr Venugopal also contended that the constitution provided that the state shall not discriminate on the basis of caste, creed, religion or gender and the caste based reservation being provided by the government is confined only to Hindus where casteism is prevalent while other communities mainly minorities are being deprived of this benefit. He also argued that Article 15 (4) of the Constitution of India provides for reservation on the basis of social, educational and economical backwardness and nowhere mentions the word caste.
Earlier, senior counsel P P Rao had gone to the extent of saying that casteism has destroyed the Hindu society as loyalties of the Hindus are restricted to their respective castes.
The arguments remained inconclusive and shall continue tomorrow.
The Centre is however defending its quota policy on the grounds that people have been oppressed for centuries in the name of caste and have become backward.
UNI