New Delhi: The Union Cabinet meeting that on Monday night cleared the bill on reservation for the Other Backward Classes (OBCs) witnessed the most serious and purposeful discussion so far in the life of the United Progressive Alliance Government.

It was also the most well attended meeting to date. Except for three Cabinet Ministers — Ambika Soni (who was away in Varanasi, representing the Centre at Bismillah Khan's funeral), Chandrasekhara Rao and Sis Ram Ola — it was full house. For over two hours, the two sides debated the issue; though there was no acrimony, there was enough passion and cogent arguments, according to one participant.

The meeting began with T.R. Baalu, Minister for Shipping, Road Transport and Highways, making a case for a total and complete changeover to new reservation regime for the OBCs. "He came out batting on the front foot," said one participant.

Mr. Baalu passionately cited "centuries of injustice" that had been the OBCs' lot and argued that the Backward Classes were not asking for a "backlog" compensation but were merely demanding correction of the injustice.

The senior DMK Minister got vocal support from Minister for Overseas Indian Affairs, Vayalar Ravi, Chemical and Fertilizer Minister, Ram Vilas Paswan, and Health Minister Anbumani Ramadoss. Their argument was that 27 per cent reservation must be implemented at once and in one go.

At this stage, Science and Technology Minister Kapil Sibal joined issue. He is said to have pointed out the legal difficulties and problems in the proposal before the Cabinet. Mr. Sibal particularly drew the attention of his Cabinet colleagues to the Supreme Court pronouncements on the concept of "creamy layer" and on the need to gradually phase out these strata from the reservation regime.

However, the opinion swung firmly in favour of retaining the "creamy layer" when Agriculture Minister Sharad Pawar lent his weight and voice to the Baalu-Ramadoss argument. Railway Minister Lalu Prasad also pitched in favouring the creamy layer.

Emboldened by the Sharad Pawar-Lalu Prasad support, the pro-OBCs Ministers responded with a "why-should-we-care-for-the Supreme Court" argument. This brought in Law Minister Hans Raj Bhardwaj.

It was left to Mr. Bhardwaj to point it out to his Cabinet colleagues that all of them were under an obligation to act within the four corners of the Constitution. He observed that there was the rule of law in the country and that meant respect for the Supreme Court as the institution vested with the authority to interpret the Constitution.

The Law Minister told the Cabinet that it was his understanding of the law that extension of the new reservation benefits to the "creamy layer" was a violation of the Constitutional provisions.

Manmohan's interventions

However, three interventions by Prime Minister Manmohan Singh kept the discussion on an even keel. Dr. Singh was forthright in telling his Cabinet colleagues that they should not do anything that would destroy the country's "knowledge strength." His plea was not to upend what had been achieved during the last 50 years in higher education and scientific research.

The final decision, which will get incorporated in the legislation to be introduced on August 25 in the Lok Sabha, will reflect Dr. Singh's three concerns: (a) there should be no dilution in the existing seats and opportunities available in the "non-reserved" categories; (b) the extension of the 27 per cent reservation for the OBCs should be staggered to ensure that the requisite infrastructure was in place; and (c) that certain institutions of "national/strategic" importance were kept out of the reservation regime.

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