Supreme Court's 50 per cent reservation limit has no basis in the constitution: TISS Professor

In a meeting organised by OBC Jan Morcha on August 3, the Tata Institute of Social Science (TISS) professor Dr Sai Thakur who was the keynote speaker said that while there is no limit of reservation above 50 per cent in the Constitution. She said the Supreme Court's order that reservation cannot be given above 50 per cent has no basis in the Constitution.

Vice President of OBC Jan Morcha Dashrathdada Patil organized a meeting on 'Banthia Commission Report and OBC Reservation' at Saiba Hall in Manisha Nagar at Kalwa in Thane district for all party.

Thakur, expressing her thoughts on OBC reservation, said "The suit against the 52 per cent reservation given to OBCs by the Mandal Commission was decided in the supreme court in 1992. At that time, the court said that 52 per cent reservation cannot be given and the total reservation should not be more than 50 per cent, but the constitution has not set any such limit regarding the reservation."

Thakur said, "The supreme court's order that reservation cannot be given above 50 per cent has no basis in the constitution." She then added that the community should demand at least 52 per cent reservation for the OBC populace citing that Tamil Nadu has 69 per cent reservation for OBCs, Dalits and Adivasis togther. "A special provision has been made for them in the constitution," she said.

Thakur further explained that by accepting the Banthia Commission report, the reservation was granted to OBCs. "The reservation in local self-government bodies, however, is less than before. In Thane Municipal Corporation (TMC) the reservation is lowest at 10.4 per cent which means the number of 35 corporators has come down to 14. Due to this, it is the legal responsibility of the central government to conduct a caste-wise census of OBCs on the lines of Dalits and tribals," she said.

Dr Sai Thakur then explained that only after the caste-wise census will the OBCs get proper reservation in jobs, education and political fields. "Until then, the government should demand that OBCs should get the maximum reservation in proportion to the population, excluding the Dalit-tribals reservation within 50 per cent of the reservation," she added.

Vice President of OBC Jan Morcha, Dashrathdada Pail, also said, "A caste-wise census of the OBC community must be conducted. The numerical strength and reduced seats shown by the OBCs while giving political reservation by the Banthia Commission are incorrect and the information of the Banthia Commission is flawed and unscientific. We will create public awareness in the entire Thane city and if time permits, we will also knock on the doors of the Supreme Court."

Published on: Thursday, August 04, 2022, 10:28 AM IST