NEW DELHI: The Constitution Amendment Bill to reserve seats for socially and educationally backward classes, besides the Scheduled Castes and the Scheduled Tribes, in private unaided educational institutions other than those run by minorities was introduced in the Lok Sabha on Tuesday amid protests from the Bharatiya Janata Party and reservations expressed by some allies of the government.

Though he is in favour of the Bill, Devendra Prasad Yadav (Rashtriya Janata Dal) said the term "Other Backward Classes" should be included in the body of the amendment. It uses the term "socially and educationally backward," which is explained in the Statement of Objects and Reasons as another way of referring to the OBCs.

Scope for misinterpretation

But this provided scope for misinterpretation. In the absence of the use of the term "OBCs", premier institutions such as the Indian Institutes of Technology and Jawaharlal Nehru University were not providing reservation to the OBCs, he said.

Echoing Mr. Yadav's point, Santosh Gangwar (BJP) said the OBCs would not benefit from this amendment. Also, he articulated the party's stated position on the need for bringing minority institutions under the amendment.

"Constitutional point"

Ram Gopal Yadav (Samajwadi Party) said the term "socially and educationally backward" included the OBCs as maintained by the government. "We should trust the government on this." His party colleague, Mohan Singh, said the explanation in the Statement of Objects and Reasons addressed his apprehensions, which initially made him oppose the Bill.

Clarifying that he was opposed to the Bill on a "constitutional point," Varkala Radhakrishnan (Communist Party of India-Marxist) said the amendment, by excluding minority institutions, would result in removal of reservation now available there. States should have the power to identify the minorities as their composition varied from State to State.

Mr. Radhakrishnan found support in C. K. Chandrappan of the CPI.

New clause

The Bill seeks to amend the Constitution by inserting a new clause (5) in Article 15 for the advancement of socially and educationally backward classes or SCs/STs. But, minority-run institutions have been exempted as they are covered by Article 30 (1), which gives them the right to establish and administer educational institutions. The amendment will also enable Parliament as well as the State legislatures to make appropriate laws to provide greater access for a large number of students belonging to the socially and educationally backward classes, besides SCs/STs, to higher education including professional courses. The Bill is slated for discussion and passage on Wednesday. If passed by the Lok Sabha, it will go to the Rajya Sabha on Thursday.

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