Question

OBC are identified on the bases of 1 politically and socially backward 2 educationally backward 3 economically backward 4 both

Answer 1

A bill to amend Article 15 and 16 of the Constitution will be moved by the government in Parliament on Tuesday and is likely to extend the Winter Session for the same by two days.

However, it is unlikely to get parliamentary approval immediately since any increase above 50 per cent -- a limit set by the Supreme Court -- will be subject to judicial scrutiny.

The Supreme Court, in its 1992 ruling in the Indra Sawhney Etc vs Union Of India And Others case, had set the cap for reservations at 50 per cent.

Article 16(4) of the Constitution enables provision of reservation to Backward Class of citizens, who are not adequately represented in the State. Reservation is provided to Scheduled Castes (SCs), Scheduled Tribes (STs) and Other Backward Classes (OBCs) at the rate of 15 per cent, 7.5 per cent and 27 per cent, respectively, in case of direct recruitment on all-India basis by open competition.

In case of direct recruitment on all-India basis otherwise than by open competition, the percentage fixed is 16.66 per cent, 7.5 per cent and 25.84 per cent, respectively.

While Minister of State for Social Justice and Empowerment Ramdas Athawale called the move a good start, former Union minister Yashwant Sinha, who quit the BJP last year, said the proposal is nothing more than a "jumla" and is bristling with legal complications since there is no time to get it passed through both Houses of Parliament".

   The proposal to give 10% reservation to economically weaker upper castes is nothing more than a jumla. It is bristling with legal complications and there is no time for getting it passed thru both Houses of Parliament. Govt stands completely exposed.