Questioning the relevance of the 1931 census as the basis for identifying backward classes, in a major rebuff to the UPA and setting the stage for another round of confrontation between the House and the Bench, the Supreme Court today directed that the new law enabling 27% OBC quotas in Central higher-education institutions, including IITs and IIMs, be kept on hold.

While it did not oppose the concept of OBC reservation — the next hearing is in August — a two-judge bench, headed by Justice Dr Arijit Pasayat and including Justice Lokeshwar Singh Panta, emphasized in an interim order that there is a need for “periodical identification” of who constitute backward classes.

It cited the Indira Sawhney ruling to reinforce this point. In that verdict, the court had said that “inclusion of castes in backward classed should be done with adequate relevant data.”

“What may have been relevant in 1931 census may have some relevance but cannot be a determinative factor,” the judges said.

Adding that while they had stayed the order on the OBC quotas, “it would be permissible for the Union of India to initiate or continue process, if any, for determining on a broad based foundation, (the definition) of Other Backward Classes.”

However, the judges clarified that the benefit of reservation for the Scheduled Castes and Scheduled Tribes could not be withheld.

While the Centre argued that the providing reservation to OBCs was not meant for immediate implementation — it was scheduled to begin in the coming academic year but would be staggered over three years — the Bench underlined the “undue” haste by not coming out with a determinable data.

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