RESERVATION

Government Statements

On Civil Services Examinations

The Union Public Service Commission has recommended 639 candidates on the basis of CSE-1995 for allotment to various services, the recruitment in which is made through Civil Services Examination. Out of the 639 candidates recommended on the basis of CSE-1995, 189 belong to OBCs, 101 to SCs and 48 to STs. The result of four candidates (3 OBCs, 1 ST) is yet to be declared by the Commission.

There are 27 OBC and 3 SC candidates, who rank above the last general candidate, recommended in the list and have qualified in the list without availing of any of the concessions/relaxations admissible to OBC/SC/ST candidates.

On Reservation for Parliamentary and Assembly Seats for Other Backward Classes

The question of reservation for Parliamentary an a Assembly seats for Other Backward Classes is under consideration of the Government.                                                                   

On Jobs for Muslims

Some representations have been received by National Commission for Backward Classes from some organisations of AP, Goa, Karnataka, Kerala, Orissa and Tripura for inclusion of Muslim community as a whole in the OBCs List. No recommendation to this effect has been made by the Commission ... till date. However, some sections of minorities including Muslims ... have been included in the Other Backward Classes List and are eligible for reservation in Civil posts under the Central Govt.                                                                                                

Coaching and Guidance Programme Patna Muslim High School/Intermediate College, Patna-4: Results Achieved

                       Coached 25     Qualified 13       Achievement 52%

1995               Bihar Administrative Services         8}

                       Bihar Police Service                       2}

                       Asstt. Registrar Coop                      3}

                       Coached 40      Qualified 17      Achievement 42.5%

1995               Bihar Admn. Services                   11}

                       Probationary Officer                      4}

                       Bihar Education Service                2}

To have a complete picture, one needs two more statistics: Service-wise Total Recruitment and number Total Muslims recruited (including those coached by this institute)

(Muslim India offers felicitation to the authorities of the institute and particularly to Dr. Mohib Ahmad for excellent results and best wishes for great achievement in future).

Muslims Over-represented in Crime in Mumbai

The Asian Age shows that Muslims are over- represented in the crime business in metropolitan Mumbai. According to the 1991 census, Muslims constituted around 20% of the city's population - 16, 70170 Muslims against 67, 47,676 Hindus. But according to police records for the period January 1 - October 31, 1996 Muslims were involved in nearly 33% of the crimes in the city.

Of the 2,651 people accused for various crimes, 1,867 are Hindus, 706 Muslims, 40 Sikhs and 29 Christians. The Asian Age also found that while in a majority of the cases Hindus were booked for offences like accidents, fraud and theft, Muslims were charged with more violent crimes like murder, extortion, physical assaults and theft of cars.                                                                                                                                                

P. Kodandaramaiah's Constitution (Amendment) Bill, 1996 On Reservation in Legislatures for OBC's

After article 330 of the Constitution, the following article shall be inserted, namely:-"330A. (1) Seats shall be reserved in the House of the People for the Other Backward Classes.

(2) The number of seat reserved in any State or Union Territory for the Other Backward Classes under Clause (1) shall bear, as nearly as may be, the same proportion to the total number of seats allotted to that State or Union Territory in the House of the People as the  population of Other Backward Classes in the State or Union Territory or part of the State or Union Territory, as the case may be, in respect of which seats are so reserved, bears to the total population of the State or Union Territory. Provided further that the first census taken after the year 2000 shall include 'caste' as one of the items of information'

After article 332 of the Constitution, the following articles shall be inserted, namely:-332A.  (1) Seats shall be reserved for the Other Backward Classes in the Legislative Assembly of every State and in Legislative Assembly of every Union Territory having a Legislative Assembly.

(2) The number of seats reserved for the Other Backward Classes in the Legislative Assembly of any State or Union Territory, having a Legislative Assembly, under clause (1) shall bear, as nearly as may be, the same proportion to the total number of seats in the Assembly as the population of the Other Backward Classes in the State or Union Territory or part of the State or Union Territory, as the case may be, in respect of which seats are so reserved, bears to the total population of the State or Union Territory.

332B. Notwithstanding anything contained in this Constitution, no Court shall have jurisdiction in respect of any reservation made under articles 330A and 332A.

After article 334 of the Constitution, the following article shall be inserted, namely:-.

'334A. Notwithstanding anything in the foregoing provisions of this Part, the provisions of this Constitution relating to the reservation of seats for the Other Backward Classes in the House of the People and in the Legislative Assemblies of the States and of Union Territories having Legislative Assembly shall cease to have effect on the expiration of a period of twenty-five years from the date of coming into force of the Constitution (Amendment) Act, 1996:

Provided that nothing in this article shall affect any representation in the House of the People or in the Legislative Assembly of a State or Union Territory having Legislative Assembly until the dissolution of the then existing House or Assembly, as the case may be.

Competitive Populism Editorial, India Today, 15 December, 1996

The Prime Minister's proposal to extend the policy of caste-based reservations to the private sector has caused grave concern not only to the business community but also - to the extent that such promises tend to set off waves of competitive populism - among the public at large. At a recent Dalit rally in the capital, Deve Gowda also vowed to disregard the 50 per cent cap placed by the Supreme Court.

Whatever the justification, any attempt by the Government to dictate employment policies to the private sector could violate their Fundamental Right to carry on any occupation, trade or business guaranteed by Article 19(g) of the Constitution. The question of legality apart, the proposal is fraught with serious consequences for the management of Indian business.

Yet, every society seeks to help historically disadvantaged groups by policies of positive discrimination. And there can be no reason why private enterprise should be exempted from conforming to such 'affirmative' action. The best way to achieve these social objectives without harming business is to, perhaps give incentives to hire socially disadvantaged groups while enacting laws on the lines of the US Equal Employment Opportunity Commission (EEOC). The EEOC eliminates discrimination based on race, colour, religion, sex, national origin, disability or age in hiring, promoting or firing workers. And sues errant companies. Such a model will both ensure that employment opportunities are made available to every social group and create a lawful mechanism for enforcing it.

Malignant Myopia Editorial, The Pioneer, 27 December, 1996

Announcement by Prime Minister, Deve Gowda about extending the benefit of reservation to Muslims along with Jats and Bhumihars can only be described as breathtakingly outrageous. Deve Gowda appears determined to do his best to further exacerbate the existing tensions in our already fragmented society. Deve Gowda is playing to the gallery. And, clearly, according to a pre-determined plan. It is possible that he has deliberately chosen to play the Muslim card. Implicit in his pronouncements may be a desire to emulate V.P. Singh. He can project himself as the champion of the minorities - much in the same clumsy fashion in which Mr. Singh chose to wear the mantle of messiah of OBCs.

This should explain to a large extent Deve Gowda's lament in Patna that he would have announced reservations for the minority community "straightaway" if his Government had the requisite strength Parliament. Of particular concern to leaders of Muslim society should be the intrusion of reservation policy which has the inherent danger of formalising a caste system repugnant to the tenets of Islam.

It is shocking that Deve Gowda is determined move a bill to amend the Constitution to enlarge reservation ambit. The ulterior motive of such amendment is to do away with any ceiling on the quota system. The task of ameliorating the lot of the common is stupendous and reservation is a hopelessly flawed short-cut. It is time intelligent opinion is mobilise combat the politicians' myopic conspiracy.