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Nehru and the OBCs


By Netrapal 

Nehru, who was the first Prime Minister, probably sowed the seeds for OBC reservation in independent India.

Soon after the introduction of the constitution, a Brahmin student, Miss Dorairajan, was denied admission to medical college based on the quota formula that gave only two seats to Brahmins out of 14. The reservation was quashed by the Madras High Court and the Supreme Court. The Supreme Court held that there is no reservation possible under the new constitution for people other than the Scheduled Castes and the Scheduled Tribes.

It was Nehru who brought amendment in Article 15(4) which reads
" Nothing in this article (Art. 15) or in clause (2) of Article 29 shall prevent the state from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes"

This clause was the first clause that enabled the executive to make "any special provisions" for the OBCs. The Mandal Commission used this clause to define OBCs as "socially and educationally backward classes," a definition the Supreme Court accepted. The Supreme Court decided that in Article 15(4), the phrase "socially and educationally backward classes" means that only social and educational backwardness can be used to identify backwardness, and both are important. Notice that educational backwardness alone or economic backwardness alone could not be the consideration for any relief from the state.

Also, Nehru introduced another powerful article, which enabled the supremacy of parliament, wherein the Ninth Schedule, Article 31B, was inserted to protect the interest of the parliament against judicial pronouncements.

This insertion of the ninth schedule has enabled many states, like Tamil Nadu, to increase OBC reservation beyond 50%.

Although Nehru was a great propounder of Merit, he was also a great advocate of OBC reservation. Historical facts cannot be twisted. We need to give the full picture.

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