CEIRA Act: Sapling of Bitter Fruits of Caste Based Reservations: Part 1

Introduction

Historical Development

As per the First Backward Class Commission, 1953 there are four main criteria for social backwardness a degraded status, lack of education, under representation in the civil service and secondary and tertiary sectors – all came down to one common denominator: belonging to lower caste. This report is known as “Report of the Backward Classes Commission, Volume I, Government of India, Delhi, 1955”. As per this there were 2399 castes belonging to Other Backward Class (OBC), which made 32% of Indian population as per 1932 census. [1]

Mandal Commission was established in 1978 and its report was submitted in 1980. In this report 3743 castes were enlisted as OBC, representing 52% of the population. Noting that OBCs only occupied 12.5% of civil service posts, it recommended 27% reservation for them. Chairman B P Mandal considered caste as the relevant criteria for positive discrimination. Mandal added Muslims and Christian castes in his report along with Hindu castes. [1] Since 1955 to 1978, more than two decades were passed but instead of reducing numbers, the OBC casts were increased. and till this date they are backward even after 78 years of independence so many policies and schemes were implemented still these OBC castes are increasing and nothing is reduced from the list of backwardness. There is no assessment of any scheme in this regard and caste politics always prevailing for greed of politicians, hence no one is demanding such assessment.

The constitution (93rd Amendment) Act 2005 inserted a provision as Article 15(5) has been inserted that the state (i.e. Parliament or other legislatures) can make laws for the advancement of the SC, ST or the OBCs of citizens in matters of admission to educational institutions, including private unaided institutions.[1] We are in 21st century of technical advancement, whole world is using technology for its development, but still in India the caste is the criteria for everything. As caste is prevailing in schemes, reservations and even in laws, the merit of this nation is forced to leave this and move somewhere else. Without merit how this nation will become “Vishwaguru” as claimed by the ruling party?

Constitutional Provisions

Part IV of the Constitution containing the Directive Principles of State Policy, in article 46, lays down that the State shall promote with special care the educational and economic interests of the weaker sections of the people, and, in particular, of the Scheduled Castes (SC) and the Scheduled Tribes (ST), and shall protect them from social injustice. This provision is in force since 1950 and since then crores of rupees were allotted for upliftment of SC ST and OBC. Government reports of accounts and annual reports of respective departments and ministries also mention the work and expenses done by them for upliftment of these classes. More than 75 years government is working for them, but still they are weaker and backward.

As per the requirement of Article 15(5) inserted in the Constitution by 93rd Amendment, the Central Educational Institutions (Reservation in Admission) Bill was presented in Rajya Sabha on 18.12.2006. The provisions of the proposed Bill, inter alia, would not apply to the minority educational institutions referred to in clause (1) of article 30.[1]

As Muslims and Christians are religious minorities in this country, the educational institutes run by them are kept away from the jurisdiction of this Bill. As these religions are having their own institutions and also having SC, ST and OBC casts as par Sachar Committee report and Mandal Commission Report, they shall also have reservation quota for these classes, as this country is the only Secular Country on this planet. But these minority institutions are kept out of this.

Poor people from these classes are still poor and people who have availed the benefit of schemes and reservations are becoming rich day by day, but not revoking their caste status. On asking them, they ask to give daughters of upper castes or general category people to them. Hence such schemes require assessment on the basis of economic condition. But nothing is done by any political party.

Reference

[1] “Central Educational Institutions (Reservation in Admission) Act, 2006”, Ministry of Human Resource Development, Dt. 9.1.2007, available at: https://www.pib.gov.in/newsite/erelcontent.aspx?relid=23895&reg=3&lang=2, Last visited on 20.2.2026