CEIRA Act: Sapling of Bitter Fruits of Caste Based Reservations: Part 2

Preamble

Bare Act Provision

THE CENTRAL EDUCATIONAL INSTITUTIONS (RESERVATION IN ADMISSION) ACT, 2006

ACT NO. 5 OF 2007 [3rd January, 2007.]

An Act to provide for the reservation in admission of the students belonging to the Scheduled Castes, the Scheduled Tribes and the Other Backward Classes of citizens, to certain Central Educational Institutions established, maintained or aided by the Central Government, and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Fifty-seventh Year of the Republic of India as follows:—

Explanation

The Central Educational Institutions (Reservation in Admission) Act (CEIRA Act) received presidential assent on January 3, 2007. The legislation mandates reservations for students from SC, ST and OBC in the ration of 15%, 7.5% and 27% respectively in various central educational institutions run, funded, or supported by the central government. It was intended to kick in from the 2007 academic session onward, aiming for greater inclusion.

The Act thoughtfully carves out several exemptions, ensuring that the policy doesn’t inconvenience certain special places:

Institutions located in tribal areas listed under the Sixth Schedule of the Constitution remain untouched.
A select list of institutions of excellence, research bodies, and those deemed of national or strategic importance, helpfully detailed in a Schedule to the Act, are kept safely outside the reservation net, though the government retains the flexibility to tweak this list whenever it suits.
Minority educational institutions protected under Article 30(1) of the Constitution are, also spared.

One can’t help but notice how neatly these exclusions protect the very spaces often held up as the pinnacles of merit and excellence, while the broader policy is applied elsewhere. In the shadow of Article 30(1), it also kept away minority institutions of Muslims and Christians as well as by giving reference of Sixth Schedule, it kept North-East region out of this. For complete social justice either the said CEIRA Act shall be applied to all institutions in every part of the country except institutions of excellence.

No methodology has been laid down for determining the socially and educationally backward classes because castes alone should not be made the basis for identification. [1] This thing was pointed out by the eminent judiciary of our nation from time to time, but still we as a nation are carrying burden of so called caste system claimed to be imposed by Brahmins, but in fact made rigid by British rulers.

Section 1

Bare Act Provision

1. Short title.—This Act may be called the Central Educational Institutions (Reservation in Admission) Act, 2006.

Explanation

The Constitution never prohibits the practice of caste and casteism. Every activity in Hindu society, from cradle to grave is carried on solely on the basis of one’s caste. Even after death, a Hindu is not allowed to be cremated in the crematorium which is maintained for the exclusive use of the other caste or community. [1] In fact many of the constitutional provisions contradict with the goal of unity of nation on the basis of caste and religion. Even in 21st century, where claims of becoming largest economy are done by the Indian Government, we are fighting blindly with caste system by increasing number of caste based provisions and policies.

This Act aims at providing reservation inter alia, to OBC citizens to certain Central Educational Institutions established, maintained or aided by the Central Government. It was criticised by many that “affirmative action” policy of the Government of India behind CEIRA Act is discriminatory and against general public interest. Since the target beneficiaries of Article 15(5) have not been identified with a necessary degree of specificity, the CEIRA Act is illegal.

There ought to be a quantitative correlation between the benefits conferred and the extent of the “problem” sought to be remedied, the correlation being “reasonable” and not “proportionate”. The CEIRA Act does not provide the manner or the principles on which the identification of OBC is to be made.[1] Even no statute provides for the economically weaker sections of any category whether it is SC, ST, OBC or General Category; following any faith and customs. In many of the arguments it was claimed that the said Act passed by the Parliament suffers excessive delegation.

Reference

[1] Ashoka Kumar Thakur vs Union Of India And Ors [(2007) 2 SCT 655]