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Published on 17-10-2006 In National
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RESERVATION (Part-4)
Written by
N. Murugan IAS (Rtd)

1951-Watershed Year

The year 1951 was a watershed in the history of the Backward Classes movement.  When the Constitution of India came into being there was opposition to the application of the “communal G.O.”  The matter was taken up to the Supreme Court, in the case of educational institutions in Champakam Dorairajan Versus State of Madras, and similarly in Venkataramana Versus State of Madras, in respect of appointments in Public services.  In both these cases, the Supreme Court struck down the communal Govt. order as unconstitutional.  Following this there were State-wide protests by various communities included in the Backward Classes list and all political parties were united in this protest.

In Madras City, Thanthai Periyar organized mass processions and meetings and observed “Communal Govt.

Order day”.  These protests forced the State Government to take up the matter with the Centre.  This resulted in the first amendment to the Constitution introducing Article 15(4).

Article 15 prevented the State from discriminating or restricting any citizen on grounds religion, caste, place of birth or sex. And Article 29 runs as follows:-

“Any section of the citizens residing in the territory of India or any part thereof having a distinct languages script or culture of its own shall have the right to conserve the same. 

(2) No citizen shall be denied admission into any educational institution maintained by the State or receiving aid out of State funds on grounds only of religion, race, caste, language or any of them.”

The amendment ran as follows:
15(4) Nothing in this article 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 Caste and the Scheduled Tribes.

The Supreme Court Judgement  in Venkatramna Versus State of Madras made the Govt. to revise the then existing rule relating to representation of communities in public services. Social and Educational backwardness alone became the criteria for reservation in public services.  Under the revised system introduces in 1951, in a cycle of 20 appointments 3 were reserved for Scheduled Castes and Scheduled Tribes, 5 for Backward Classes and rest were filled in by open competition.





  A certain sections of Mohammedans and Anglo Indians and Christians were included among the Backward Classes.  This amounts to a reservation of :

Scheduled Castes and Scheduled Tribes   15%
Backward Classes                                   25%
Open Competition                                  60%

In 1954, taking into account the population of Scheduled Castes and Scheduled Tribes the reservation of appointments was modified as follows:-

Scheduled Castes and Scheduled Tribes   16%
Backward Classes                                   25%
Open Competition                                  59%

The political developments in Tamil Nadu reached a turning point due to reasons unconnected with the reservation issue. The DMK captured power in the 1967 State elections and the backward classes issue was central to this party’s policies.

In 1969, the Govt. appointed the First Backward Classes Commission under the Chairmanship of Thiru A.N. Sattanathan.  Based on the recommendations of the Commission, the government revised the reservation percentages as follows:

Scheduled Castes / Scheduled Tribes   18%
Backward Classes                               31%
Open Competition                               51%

(To Be Continued)

 
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