GROUP 10
MINUTES OF CLASS ON MARCH 7 2018
The Mandal Commission was established to “identify the socially or educationally backward.” There were 11 criteria set under three major headings of social, educational and economic in order to identify OBCs.All the Social indicators were given a weightage of 3 points each, educational indicators were given a weightage of two points each and economic indicators were given a weightage of one point each.In December 1980, the Mandal Commission submitted its Report which described the criteria it used to indicate backwardness, and stated its recommendations in light of its observations and findings. There were number of protests that broke out against the recommendations of Mandal commission. They were usually bandhs and dharnas in nature.
Indra Sawhney Vs UOI
: The backward classes in Article 16 (4) were not similar to as socially and educationally backward in Article 15 (4).
: Article 16 (4) permits classification of the backward classes into backward an more backward classes.
: Reservations cannot exceed 50% of the total available seats.
Q & A
Q) Why affirmative action in matter of reservation is met with strong opposition,however had it been other categories the i.e Farmers, the attitude would have been different?
A). The mode of affirmative action makes a huge difference. Subsidies here are being given by the govt. in order to promote an integral national resource, agriculture, plus the concept of Justice v equity has been tied into the issue.
Q)The Mandal Commission failed to explain on what bases and ground some privileged sections of the society were put on the OBC list, more over the census used was more than 50 years old, yet it was implemented. Does that mean that political motivations has more authority than The Constitution and The Supreme Court?
A) Political party as well as constitution derives its power from the people. Considering this was a movement for the better of society and for the upliftment of masses which was also at the same time is approved by Article 15 and Article 29,it is also supported by the affirmative policy, it cannot be said that the political motivations have more authority than Constitution or the Supreme Court
Q) Why was economic criteria given lesser value as opposed to social and culture criteria in determining which section
of society should fall under OBC category?
A) Considering in nation like India, caste and religion are factors that determine your social standing, to avail good education, get job or have higher economic status, the factor of caste and religion comes into play as the availability of these resources depend a lot on your social and cultural background. Therefore more value is given to cultural and social factors as opposed to economic background.
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