Central Educational Institutions (Reservation in Admission) Act, 2006
I.
THE GENESIS:
The first Backward Classes Commission was appointed in 1953. After working for months, it came to the conclusion
that its 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 demoninator: belonging to lower
caste. The Commission thus drew up
a list of 2399 so-called Other Backward Castes (OBC), which made up 32% of
Indian society on the basis of the 1931 census. (Report of the Backward Classes
Commission, Volume I, Government of India, Delhi, 1955).
In January 1978 it was decided to set up
a second backward classes commission, under the Chairmanship of B.P. Mandal. The Mandal Commission submitted its report
in December 1980. The Mandal Commission
identified 3743 castes that it found to form India’s Other Backward Classes,
representing 52% of the country’s population.
Noting that OBCs only occupied 12.5% of civil service posts, it recommended
27% reservation for them. This figure
was not proportional so as to be spared the ire of the judges, who, since
the Balaji decision, were concerned with keeping quota totals below 50%.
His report again considered caste as the relevant criteria for positive
discrimination. (Report of the Backward Classes Commission, First Part, Government
of India, New Delhi, 1980.)
Thereafter, the constitution (93rd
Amendment) Act 2005 was passed by both Houses of Parliament and obtained assent
of the President. Through this Amendment,
a provision 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. This provision would
enable laws to be made in respect of reservation of seats for the weaker sections
and in regulating merit based admission, as also regulating the fee in private
institutions. The State Governments
as well as the Government of India can make appropriate laws in respect of
institutions falling under their respective domain.
II.
THE RATIONALE:
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 and the
Scheduled Tribes, and shall protect them from social injustice. Access to education is of utmost importance
in ensuring advancement of persons belonging to the Scheduled Castes, the
Scheduled Tribes, and the socially and educationally backward classes of citizens,
who are also referred to as the Other Backward Classes (OBCs).
The Constitution (93rd
Amendment) Act, 2005, inserted clause (5) in article 15 of the Constitution,
with a view to promote the educational advancement of the socially and educationally
backward classes of citizens, the Scheduled Castes and the Scheduled Tribes
through special provisions relating to admission of students belonging to
these categories in all educational institutions, including private educational
institutions, whether aided or unaided by the State. In terms of this provision, Parliament as well
as the State Legislatures are empowered to make appropriate laws for the educational
advancement of the weaker sections of the people.
With a view to give effect to the Constitutional
provisions, it was thought expedient and necessary to make statutory provisions
in the proposed Bill for reservation in matters of admissions for the students
belonging to the Scheduled Castes (SCs), the Scheduled Tribes (STs) and the
socially and educationally backward classes of citizens (OBCs) in the Central
Educational Institutions, including Institutions deemed to be Universities
established, maintained or aided by the Central Government.
The provisions of the proposed Bill, inter alia, would not apply to
the minority educational institutions referred to in clause (1) of article
30.
The Bill
sought to achieve the above objective.
III.
DEBATE ON BILL IN PARLIAMENT:
The HRD Minister speaking in Rajya Sabha (18.12.06) on Central Educational
Institutions (Reservation in Admission) Bill, observed that the Bill has been
brought under Article 15(5) which was added to the Constitution by way of
Constitutional Amendment. As per the
Constitutional amendment, the minority educational institutions have been
kept outside the purview of this Bill because we can not bring them under
its jurisdiction. About these constitutional constraints, I cannot say on
my behalf because when Constitution will be amended, only then we can think
about it. Similarly, the suggestion
to substitute “socially, educationally & economically backward” in place
of socially educational backward cannot be implemented now.
The Minister also informed the House that
it was felt that reservation should be provided to Backward Classes in Central
Educational Institutions and this Bill has been brought in this context, so
far as providing reservations in Private Unaided Institutions, a separate
Bill has been prepared and I hope as soon as procedures are completed, this
Bill will be brought before the House.
He elaborated that India is very ancient
civilization and we are only 60 years old modern nation. We have a long history between ancient civilization
and modern nation. If we want to correct
every wrong aspect of the history, I think such a step is neither desirable
nor feasible. We are duty bound to
uphold the provisions of the Constitution. We are also duty bound to implement these provisions
in such a way so that we can fulfil the original intent of the framers of
the Constitution.
The main import of the constituent assembly
was that our country should develop a prosperous nation based on equality,
a nation with immense possibilities of progress in future.
We are fortunate that we have leaders like
Pt. Jawaharlal Nehru, Smt. Indira Gandhi, Lal Bahadur Shastry, Rajiv Ji who
shaped the destiny of the country. This
Bill is a modest effort in this direction.
In the changing circumstances, we will have to include the needs of
modern times and also ensure to avoid extremes and take all sections of people
along. This proposition is not easy.
Therefore, we have proposed to implement it in maximum of three years.
If some institutions are able to do it in one year because of resources,
place & faculty etc., then it may be implemented in one year.
We will provide for the resources in 11th
Plan to complete the reservation in the stipulated time of three years. It is a commitment of the Government and we
will not be found lacking on it, I want to reiterate.
Lok Sabha unanimously passed OBC quota Bill
on 14.12.06. Replying the discussion in Lok Sabha, HRD Minister Shri Arjun
Singh said: ‘if you are aware of the basic law of Mandal, it is already enumerated
in that list the persons who are considered to be OBCs, whether they are Muslims,
whether they are Christians or whether they are Hindus. Why can they not be admitted where everyone
else is? What they want to do is certainly up to the Minority institutions.
I have no objection if Minority institutions, on their own, wants to
admit any people from there.’
Regarding Institutions of Excellence, he
said: ‘I do not want to enter into this debate because it does not help anyone.
So far as these institutions are concerned, they have been included
in the Schedule because basically they are not institutions where students
are admitted for studies. They are basically the research institutions.
They have to be kept separate so that confusion does not arise there. If and when they become the teaching institutions, they admit students,
in the normal way they will be attracted by this Bill.’
IV.
THE HISTORIC BILL BECOMES ACT:
The Central Educational Institutions (Reservation in
Admission) Bill, 2006 has received the assent of the President, on 3.1.2007.
The Act provides 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.
The
Act paves the way to start implementing the policy of reservations from the
academic session of 2007.
The
provision of the Act, inter-alia will not apply to (i) a Central Educational Institutions established
in the tribal areas referred to in the Sixth Schedule to the Constitution;
(ii) the institutions of excellence, research institutions, institutions of
national and strategic importance specified in the Schedule to this Act; and
(iii) the Minority Educational Institutions referred to in clause (1) of article
30 of the Constitution.
V.
THE MAIN PROVISIONS OF THE ACT:
1.
Reservation of seats in Central Educational Institutions. The reservation of seats in admission and its extent in a
Central Educational Institution shall be provided in the following manner,
namely:-
(i)
out of the annual permitted strength in each branch of study
or faculty, fifteen per cent seats shall be reserved for the Schedule Castes.
(ii)
out of the annual permitted strength in each branch of study
or faculty, seven and one-half per cent seats shall be reserved for the Scheduled
Tribes;
(iii)
out of the annual permitted strength in each branch of study
or faculty, twenty-seven per cent seats shall be reserved for the Other Backward
Classes.
2. Act not to
apply in certain cases. The provisions of section 3 of this Act shall not apply
to – (a) a Central Educational Institution established in the tribal areas
referred to in the Sixth Schedule to the Constitution; (b) the institutions
of excellence, research institutions, institutions of national and strategic
importance specified in the Schedule to this Act; provided that the Central
Government may, as and when considered necessary, by notification in the Official
Gazette, amend the Schedule; (c) a Minority Educational Institution as defined
in this Act; and (d) a course or programme at high levels of specialization,
including at the post-doctoral level, within any branch of study or faculty,
which the Central Government may, in consultation with the appropriate authority,
specify. (Section 4 of the Act.)
3. Mandatory Increase of Seats. Notwithstanding
anything contained in clause (iii) of section 3 and in any other law for the
time being in force, every Central Educational Institution shall, with the
prior approval of the appropriate authority, increase the number of seats
in a branch of study or faculty over and above its annual permitted strength
so that the number of seats, excluding those reserved for the persons belonging
to the Scheduled Castes, the Scheduled Tribes and the Other Backward Classes,
is not less than the number of such seats available for the academic session
immediately preceding the date of the coming into force of this Act. (Section
5(1) of the Act.)
Where, on
a representation by any Central Educational Institution, the Central Government,
in consultation with the appropriate authority, is satisfied that for reasons
of financial, physical or academic limitations or in order to maintain the
standards of education, the annual permitted strength in any branch of study
or faculty of such institution cannot be increased for the academic session
following the commencement of this Act, it may permit by notification in the
Official Gazette, such institution to increase the annual permitted strength
over a maximum period of three years beginning with the academic session following
the commencement of this Act; and then, the extent of reservation for the
Other Backward Classes as provided in clause (iii) of section 3 shall be limited
for that academic session in such manner that the number of seats available
to the Other Backward Classes for each academic session are commensurate with
the increase in the permitted strength for each year. (Section 5(2) of the
Act.)
4. Reservation
Of Seats In Admission To Begin In Calendar Year 2007. The Central
Educational Institutions shall take all necessary steps, which are required
in giving effect to the provisions of sections 3, 4 and 5 of this Act, for
the purposes of reservation of seats in admissions to its academic sessions
commencing on and from the calendar year, 2007. (Section 6 of the Act).
5. Institutions
Of Excellence. As per section 4(b) the names of the Institutions of
Excellence, etc. are:
1.
Homi Bhabha National Institute, Mumbai and its constituent
units, namely:-
(i)
Bhabha Atomic Research Centre, Tombay
(ii)
Indira Gandhi Centre for Atomic Research, Kalpakkam
(iii)
Raja Ramanna Centre for Advanced Technology, Indore
(iv)
Institute for Plasma Research, Gandhinagar
(v)
Variable Energy Cyclotron Centre, Kolkata
(vi)
Saha Institute of Nuclear Physics, Kolkata
(vii)
Institute of Physics, Bhubaneshwar
(viii)
Institute of Mathematical Sciences, Chennai
(ix)
Harish-Chandra Research Institute, Allahabad
(x)
Tata Memorial Centre, Mumbai
2.
Tata Institute of Fundamental Research, Mumbai
3.
North-Eastern Indira Gandhi Regional Institute of Health and
Medical Science, Shillong
4.
National Brain Research Centre, Manesar, Gurgaon
5.
Jawaharlal Nehru Centre for Advanced Scientific Research,
Bangalore
6.
Physical Research Laboratory, Ahmedabad
7.
Space Physics Laboratory, Thiruvananthapuram
8.
Indian Institute of Remote Sensing, Dehradun
(These institutions have been kept out of the purview of this Act).
6. Definitions Of Minority Educational
Institutions & OBC. “Minority Educational Institution” means an institution established
and administered by the minorities under clause (1) of article 30 of the Constitution
and so declared by an Act of Parliament or by the Central Government or declared
as a Minority Educational Institution under the National Commission for Minority
Educational Institutions Act, 2004
“Other Backward Classes” means the class or classes of
citizens who are socially and educationally backward, and are so determined by
the Central Government.
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HB/RP/SB
(Release ID :23895)