Sunday, May 07, 2006

Mandal Loophole?

The 93rd Constitutional Ammendment passed by the parliament reads: Nothing in this article shall prevent the state from making any provision by law, for the advancement of any educationally backward classes of citizens or for the Scheduled Castes or Scheduled Tribes insofar as such special provisions relate to their admission to educational institutions, including private educational institutions, whether aided or unaided by the state, other than minority educational institutions referred to in Clause (1) of Article (30).

It's amply clear that the ammendment mandates reservations for the educationally backward and not for socially backward classes. I'd like you to make a mental note of this fact. This my friend, is the legal loophole we were praying for. Any affirmative action by the Government of India that deviates from the spirit of the above law, can be challenged in the Supreme Court. And my gutfeel is as always, the Supreme Court will bail us out.


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