
Minutes before the House was to pass the Bill, Human Resource Development (HRD) Minister Arjun Singh assured members, “The Bill on unaided institutions is under preparation and it will come before the House soon.”
The Bill on aided institutions, Singh said, will make statutory authority to all laws pertaining to reservation for SCs and STs.
In response to amendment sought by BJP`s V K Malhotra where he argued for inclusion of minority institutions in the OBC quota ambit, Singh said: “Many minority institutions are already giving admission to OBCs, SCs and STs, they will not close the doors for these sections.”
He said he is bound by the four corners of the 93rd amendment. “In the North-East, Central institutions have been kept out as they cater to tribal areas.” Similarly, on exempting 19 “research” institutions, he said, “They do not admit students for studies... they are meant for research. If, tomorrow, they admit students for studies, they will also be brought under this law.”
The debate witnessed over 30 MPs, belonging to almost all political parties, supporting the Bill, except Tathagata Satpathy (BJD MP from Dhenkanal, Orissa) who opposed it. He asking the government and the House to reconsider the Bill and called it a “regressive and reactionary step”.
During the marathon debate, MPs put forth their suggestions and comments on the Bill. RJD’s Devendra Prasad Yadav objected to the word “certain” educational institutions on which the OBC quota will be applicable, and wanted the list of exempted “research” institutions done away with. He said this law will help break the monopoly of certain sections in the emergency services of hospitals like AIIMS, reminding members of the doctors’ agitation. SP’s Ravi Prakash Verma asked for modification of the list, only with the concurrence of the Parliament.
Replying to this, Arjun Singh later said, “We would consult all members in various ways.” DMK’s A Krishnaswamy lauded the government for not excluding the “creamy layer”, but demanded that the 27 per cent quota for OBCs should be implemented from first academic year itself.
Arjun Singh, later, replied, “If an institution wants to implement in the first year, there’s no one stopping” but we must understand, there are practical difficulties for implementation.” BJD’s Arjun Charan Sethi asked for bringing the reservation law under the Ninth Schedule of the Constitution to avoid judicial scrutiny in future.
CPI’s Prabodh Panda, supporting the Bill, said though the present generation is not responsible for the caste system, they cannot disown the past. CPM’s Sujan Chakraborty said exclusion of creamy layer is a must, and said the rich are guilty of buying seats in educational institutions, in the name of capitation fees.
Congress’s Karan Singh Yadav asked for a “penalty clause” for those institutions which are not implementing SC, ST and OBC reservations, and sought fee waiver or reduction in case of weaker sections. BJP’s Dharmendra Pradhan raised the issue of minority institutions like St Stephen’s being out of the OBC quota ambit, and asked for amendment of the Constitution to bring them under the net.
PMK’s M Ramadoss also asked for implementation in one-go and questioned why certain institutions were out of the ambit, but welcomed the inclusion of creamy layer. Arguing against increasing seats, he said, “VP Singh did not increase the number of posts by 54 per cent, then why should the government increase seats now?”
BJP’s Santosh Gangwar asked for examining the list of OBCs which have grown from 2,000 to 6,000-odd communities. RPI (A)’s Ramdas Athawale also mocked the anti-quota votaries and said the Constitution should be amended so that more than 50 per cent reservation can be extended. TDP’s Yerran Naidu asked for setting up a Parliamentary Standing committee for monitoring implementation of reservation.
What the Bill says
It makes 15 pc reservations for SCs, 7.5 pc for STs and 27 pc for OBCs binding on the government
It exempts four categories of institutions: Institutions in tribal areas, research institutions, minority institutions and super-speciality courses
Mandatory 54 pc increase in seats
Reservation in admissions to begin 2007
Mandatory for all notifications, made under this law, to be placed in Parliament