2006 Indian Anti-reservation Protests - Protests Against Reservation

Protests Against Reservation

In 2006, the Human Resource Development minister, Arjun Singh promised to implement a 27% reservation for OBCs in institutes of higher education (twenty central universities, the IITs, NITs, IIMs and AIIMS) after the 2006 State Assembly elections, in accordance with the 93rd Constitutional Amendment, which was passed unanimously by both Houses of Parliament.

The text of the 93rd amendment reads:

Greater access to higher education including professional education, is of great importance to a large number of students belonging to the Scheduled Castes, the Scheduled Tribes and other socially and educationally backward classes of citizens. The reservation of seats for the Scheduled Castes, the Scheduled Tribes and the Other Backward Classes of citizens in admission to educational institution is derived from the provisions of clause(4) of article 15 of the constitution. At present, the number of seats available in aided or State maintained institutions, particularly in respect of professional education, is limited, in comparison to those in private aided institutions.

Clause(i) of article 30 of the Constitution provides the right to all minorities to establish and administer educational institutions of their choice. It is essential that the rights available to minorities are protected in regard to institutions established and administered by them. Accordingly, institutions declared by the State to be minority institutions under clause(1) of article 30 are excluded from the operation of this enactment

To promote the educational advancement of the socially and educationally backward classes of citizens,i.e., the Other Backward Classes or of the Scheduled Castes and the Scheduled Tribes in matters of admission of students belonging to these categories in unaided educational institutions, other than the minority educational institutions referred to in clause(1) of article 30, the provisions of article 15 were amplified. The new clause(5) of said article 15 shall enable the Parliament as well as the State legislatures to make appropriate laws for the above mentioned purpose

The 93rd Constitutional Amendment allows the government to make special provisions for the "advancement of any socially and educationally backward classes of citizens", including their admission in aided or unaided private educational institutions. Gradually this reservation policy is to be implemented in private sector institutions and companies as well. This move led to opposition from non-reserved category students, as the proposal will reduce seats for the General (non-reserved) category from the existing 77.5% to less than 50.5% (since members of OBCs are also allowed to contest in the General category). However, the government of India assured that the number of seats in these educational institutes will be increased so that effectively there will be no reduction in the number of seats available for the general category