How was the dispute over the mandal commission resolved
Answers
1) Some persons and associations opposed to this order and filled a no of cases in the courts.
2) They appealed to the units to declare invalid and stops its implementation.
3) The supreme court of India bunched all these cases together. This was known as 'Indira Sawhney and others Vs union of India case".
4) 11 judges of supreme court heard the arguments of both sides.
5) By the majority the supreme court judges in 1992 declared that this order of the govt. of India was valid.
6) At the same time, the supreme court asked the govt. to modify it's original order.
7) It is said that well-to-do persons among the backward classes should be excluded from getting the benefits of reservation.
8) Accordingly, the department of Personnel and Training issued another memorandum on Sept. 8, 1993. The dispute thus came to an end and this policy has been followed since then.
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Mandal Commission was set up on Jan 1
in year 1979 by then Prime Minister Late Sri Morarji Desai. The
commission was headed by then Member of Parliament Bhindeswari Prasad
Mandal from Bihar.
The Mandal commission was set up to identify in the country,
various socially, economically and educationally backward castes and
classes. The people belonging to these castes and classes were to be
classified under OBC or Other Backward Classes. Then they were
recommended for 27% reservation in jobs in the government offices and public
sector undertakings. The idea is to give a social lift upwards to the
other backward classes. The OBC were to be identified from Hindu and non
Hindu population not belonging to forward castes and SC/ST.
Mandal commission took 11 parameters related to education of men
and women, their ages at the time of marriages, their social status, number of
men and women who work on daily labour, women and men who studied up primary
and upto 10th standard, their property value as compared to the average in
their state and so on.
On their basis Mandal commission included 100s of classes and
castes into OBC. The report was submitted in 1980. They identified about
5000 castes as part of OBC. The commission said that they were really
backward. They
recommended for relaxation of the upper limit for age for candidates belong to
these classes.
The recommendations were not implemented later
on as the government changed. In 1990 again Prime Minister VP Singh
implemented reservations for OBC. However, Supreme court stayed the
decision. In 1992 the supreme court upheld the reservations. SC believed
that reservations for OBC will uplift and improve the status of OBC population.
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