HRD Minister Arjun Singh justifies his announcement of 27% OBC quota in Central educational institutions by citing the Constitutional amendment passed this January. This is clearly his own political twist to pre-empt any debate. For, the amendment makes no mention of OBCs.

Not only that. Former Chief Justice of India Justice V N Khare has told The Indian Express that nowhere does the OBC category figure in any of the key cases on reservation in educational institutions.

The amendment gives the State the power to make “any special provision, by law, for the advancement of any socially and educationally backward classes of citizens or for SC/STs” in admissions to educational institutions, “including private educational institutions, whether aided or unaided.” Minority educational institutions are exempt.

The phrase, “socially and educationally backward classes,” has been twisted by Arjun Singh to mean OBCs. This is significant given that, as Justice Khare says, not one of the three key Supreme Court rulings on the subject, Pai, Islamic Academy and Inamdar, mentioned OBCs as a target group for reservations in educational institutions.

Justice Khare, who presided over the bench in both Pai and Islamic Academy case, made it clear: “The interpretation of Pai judgment means there can be reservation fixed for the weaker sections but never was there any mention of OBC. The Constitution doesn’t define or recognise OBC, it’s a government interpretation.” Consider the key SC rulings on the subject:

• T M A Pai Foundation case (Oct 31, 2002): The main question was whether quotas could be fixed in government-aided and unaided minority institutions. The majority judgment of the 11-judge bench was that there could be reservation for “weaker sections” of society but there was no reference to OBCs.

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