Quota Bill does not violate Constitution, says ex-CJI

Former Chief Justice VN Khare, known for his two judgments favouring reservation for "weaker sections'' in unaided colleges has said the proposed Bill on quota for OBCs in private and aided colleges is in keeping with the letter and spirit of the Constitution.

"An amendment to this effect was made in Article 15 when Clause 5 was added. The amendment was completed as early as January this year and if the government is following it up with a law, no one can stop it,'' he said in an interview to Business Standard.

"I don't think there is a violation of election norms as it is routine to implement what has already been announced in Parliament," he said.

He, however, said that the government could set up a commission to define the expression, "socially and educationally backward classes."

He said the term "OBC" was one way of identifying these classes and added that the National Commission for Backward Classes was set up precisely for the purpose of identifying weaker sections under Article 340.

Supporting reservations in higher education, he said he was part of the Bench headed by Justice BN Kirpal, which ruled in the Pai Foundation versus Karnataka case in 2002 . "I insisted on it (reservation) while there were many on the Bench who opposed it,'' he said.

Later, in the Islamic Akademy case in 2003, Khare presided over a five-judge Constitution Bench to reaffirm that the Pai Foundation judgment provided for reservation in unaided institutions.

"After I retired, the matter was brought up again in the court and a seven-judge Bench headed by Justice Lahoti said in the Inamdar case that the Pai Foundation judgment did not provide for reservation," Khare said. This provoked the government to amend the Constitution to provide for quotas, Khare said.

"Reservations are essential in an age when kindergarten fee goes up to Rs 30,000. Only children of the corrupt and the very rich can afford good education. The weak will never come up without support,'' he said.

He dismissed claims made by former chief justice RC Lahoti that the amended clause itself can be struck down. "People can go and challenge the Constitution itself, but no one will entertain them'' he said.