Getting the stick from the Election Commission, Union Human Resource Development Minister Arjun Singh today tried to gloss over the announcement on OBC quotas in academic institutions, saying the Cabinet is yet to take a decision. In his reply to the EC, Singh has enclosed steps taken by him ever since the 93rd amendment, stating that a Cabinet note and a draft Bill are ready and have gone to the Cabinet for consideration. “It is unfortunate that the Commission has issued the communication to the Cabinet Secretary merely on the basis of what it calls various reports appearing in the electronic and print media, and has concluded that the alleged announcement amounts to new concession to certain sections of the electorate in Assam, Kerala, Tamil Nadu, West Bengal and Pondicherry.” “What is more, it has also been concluded (by the EC) that it prima facie, violates the model code of conduct, without mentioning which provision of the model code the Commission had in view,” Singh has stated in his reply to the EC. He said that “it was in reply to a specific question as to when the government proposes to announce the decision, the reply given was that the decision would be taken and announced only after the elections to the five state assemblies are over”. He went on to claim, “there was no announcement of any concession much less any other breach of the model code of conduct, as mentioned in your letter. There is no basis even for a prima facie view to that effect.” He has tried to justify the quota for OBCs: “The Article 15(5) of the Constitution came into force on the 20th January, 2006—the date on which it received the Presidential assent. Thus advancement of socially and educationally backward classes of citizens (OBCs) in matters of admission, including reservation of seats and any other means, is an existing constitutional scheme and by no stretch of imagination is a new announcement.” “Several steps have been taken by the Central government to implement this constitutional mandate since then, which would amply prove that these have been in motion much before the coming into force of the model code of conduct on 1st March 2006, in respect of the forthcoming elections to the five states.” “I categorically deny that at any time before or on the 5th of April, 2006 or subsequently, any announcement has been made in respect of any percentage of reservations in favour of any sections of the society or have said any thing on the matter which is not already in the public domain or which is inconsistent with the all-party consensus arrived at in Parliament leading to the Constitutional amendment.” In his reply to EC, he also recalled his reply to the debate in Lok Sabha on December 21 last year, where he committed, “I would like to assure the House, certainly members cutting across all parties, who belong to the backward classes, that every single advantage that has accrued to the country after the Mandal Commission, shall accrue to the country after this Bill is passed, in terms of admission and in terms of other advantages which the backward classes should get. Yes, there will be certain procedures and certain other steps would have to be taken, as the honourable members said here this morning. Those steps will be taken. You rest assured that we will not leave these things halfway—the question does not arise.” “On 5th April 2006, I participated in a function, organized by NCERT to release new NCERT text books in the presence of media. At the end of the function, some mediamen posed questions regarding the HRD ministry’s proposal on the reservation in various institutions including Central Universities. At this juncture, I made a reference to the constitutional amendment and made it clear that the necessary follow up action is underway and decision would follow after the ensuing Assembly elections. I may add that a decision of the Central government in regard to percentage of reservation of seats is yet to be taken and on being asked by the media, I have declined to comment precisely on the ground that the election process was underway in some States.’’ “In view of the above factual position, the Commission may drop the proceedings,” Singh concluded.
