For the first time, the category, Other Backward Classes (OBCs), will find mention in the law of the land, if the draft Bill for quotas in IITs, IIMs and other Central institutions is adopted by Parliament in its present form. The draft Bill, a copy of which has been obtained by The Indian Express, clearly states: “Other Backward Classes of citizens means the class or classes of citizens who are socially and educationally backward, mentioned in article 340 (1) of the Constitution.” The draft Bill is named Scheduled Castes, Scheduled Tribes and Socially and Educationally Backward Classes of Citizens (Reservation of seats in Educational Institutions) Bill, 2006. The Forum of OBC MPs had demanded the inclusion of the term in the law during the debate on the 93rd amendment to the Constitution in December 2005. The 93rd amendment inserted a new, clause 5 to Article 15 and explicitly provided for reservation for “socially and educationally backward classes,” in both aided and unaided educational institutions. The operational part of the bill, in Section 2 under “reservation of seats in educational institution,” says, for the “SCs, STs and OBCs, reservation in respect of the annual permitted strength in each branch or faculty for admission into educational institutions.may be prescribed subject to a maximum of 50 percent of all seats in each such branch or faculty.” Section 4 says the Central government will notify rules to carry out the purpose of this act. The draft defines educational institutions as: set up under an act of Parliament which shall include Central Universities, Institutions of National importance and, institutions deemed to be universities; any educational institution established under any law by the Central government whether maintained by it or otherwise and “all other aided/unaided institutions affiliated,” to the first category.
