Editorial

The move to enact a law to fix up quota for the socially and educationally backward and under-privileged communities in the private professional colleges following abolition of the existing ones by the Supreme Court, is a move in the right direction. The Apex Court could not have trodden in a terrain which strictly belonged to the people’s representatives, had the latter been aware of their responsibilities. As has been clarified by the honourable judges of the Apex Court, their intention in scrapping the quota in private professional colleges was not to upturn or discard the theory of social justice, but merely to urge the government to put in place a law whereby the norms for quota for various classes and communities in proportion to their numbers could be laid down. Viewed in this context, the initial aspersions on the court were totally preposterous.


The Government at the Centre as well as in the States should now frame comprehensive laws to govern the higher education in the country which threatens to spin out of control with the mega bucks involved in the business. Be it owned by the Government or private individuals or the minorities, the professional educational institutions should not become ‘teaching shops’. The Government is duty bound to ensure that they serve the people across the social spectrum in order to impart the technical and professional skills within the means of a common Indian. While the twin objectives inform the admission policy in the Government-run colleges, the private institutions had begun to eye profit. One hopes, the Government would come up with a law that satisfies both the criteria. Needless to mention that the law should also take into account the institutions’ need to upgrade themselves periodically. This requires some exercise to allow enough autonomy for the institutions to mop up necessary resources from the fee structure even while being affordable for the beneficiaries. Perhaps it is where the ingenuity of the official policy makers will be put to test.


It is indeed a sorry spectacle to see that the Court had to almost reprimand the Government against shirking its duty of legislating where it was warranted. Of late, the Government has developed a tendency to leave the socially or politically contentious issues to the courts. Matters where political insight or administrative skills are required have to be decided in the legislatures rather than being entrusted to the Courts, which are meant for providing the legal or judicial interpretation. In a democracy, it is the Government that represents the will of the people and therefore it is for the Government to fulfill the popular aspirations. It is in this context that the Government decision to take the Mandal imbroglio to the Supreme Court or asking the court to adjudicate on the meaning of the ‘minority character’ of minority-run educational institutions seems to be flawed. Incidentally, in both these cases the court restricted the ambit of caste-based reservation and minority share of seats in the community-run institutions to 50 per cent. And surprisingly, the Government, public and the media treated this as sacrosanct.


With demarcation lines getting fuzzy between the domains of the legislature, court and the executive, the portents could be ominous for the democracy. In no circumstances, the Government should abdicate its responsibility to translate the popular will into law and nudge the executive to implement it.


It is in this context that the Government must review the court fiat to restrict the minority community’s share into its institutions at 50 per cent. Similarly, the 50 per cent limit to the caste-based reservation could also be open to debate.