New Delhi: The Centre has justified the enactment of the 93rd Constitution Amendment, introducing clause 15 (5) in Article 15, to facilitate framing of laws to provide quotas for socially and educationally backward sections.

The Centre was responding to a batch of writ petitions in the Supreme Court challenging the constitutional validity of the amendment and the Central Educational Institutions (Reservation in Admissions) Act, 2006, enacted subsequently.

The court has posted these petitions for final hearing on May 8, after refusing to vacate the interim stay on implementation of 27 per cent reservation for the OBCs for the academic year 2007-2008.

On the reasons for bringing in the 93rd Constitution Amendment, the Centre said it "does not violate the basic structure and is, in fact, intended to strengthen it by providing meaningful equality of educational opportunity by eliminating the existing inequality."

It said: "Reservation facilitated by the new clause 15 (5) is an important measure forming part of the social justice measures required to remove inequality, including social inequality, in all fields including education. The reservation policy is not disintegrative and is not against the unity and integrity of the nation." On the contrary, it was a means of integrating society disintegrated over centuries by the age-old caste system.

Thus, the policy strengthened the unity and integrity of the nation. Not providing for reservation for the Scheduled Castes and the Scheduled Tribes, and the socially and educationally backward classes/OBCs would be a violation of the basic structure of the Constitution.

The Centre denied that the implementation of the quota legislation would affect the rights of students belonging to non-reserved categories.

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