• OBC reservations and creamy layer: The Supreme Court has upheld the validity of 27 per cent OBC reservation in higher educational institutions. The reservation now stands at 49.5 per cent. This is disappointing because the court has put its seal of approval on reservations in higher educational institutions where merit should be the criterion for admission. However, in the present context, a contrary decision striking down a constitutional amendment would have led to a fierce confrontation between the judiciary and Parliament, which the court understandably was anxious to avoid.

The redeeming part of the judgment is the exclusion of certain categories of the creamy layer from the benefits of reservation. The rationale is that those who are economically well placed cannot be regarded as backward and thereby obtain undeserved benefits, depriving those who genuinely need them. This is elementary fairness. Non-exclusion of the creamy layer would lead to reverse discrimination and violate the essence of equality. Significantly, caste has not been made the sole determinative factor to the exclusion of financial and economic factors. The direction of the court to review the OBC quota every five years is welcome. The problem is whether the concerned governments will abide by this direction.

The Supreme Court heard all the parties extensively for weeks and after mature deliberations has delivered its via media judgment. It behoves all to accept it and draw a curtain on these contentious issues. There has to be finality. It is impossible to please every side.

• Fair British justice: Fairness is the hallmark of any civilised system of administration of justice. This was displayed in the recent judgment of the high court in London. The UK Government had sought to retrospectively make changes in November 2006 to the previous 2002 scheme, whose professed aim was to attract ‘high human capital individuals’ who had the qualifications and skills required by the UK businesses to compete in the global marketplace. Under the 2002 scheme, points were allocated for educational qualification, age, salary and UK experience, and UK study. As a result of the changes effected in 2006, highly skilled migrants programme visa holders had to reappear for examination. This necessitated higher annual income and also contained age restrictions for extension of visas.

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