The Supreme Court on Thursday asked the Central government whether Parliament has the blanket power to take sweeping decisions without stating the norms on the basis of which 27 per cent reservation for Other Backward Classes (OBCs) in educational institutions has been framed.

Senior advocate K Parasaran said: “Parliament has enough power and it can use it for the betterment of society.”
Parasaran clarified: “It must go if it is a blanket power. But it should be utilised for the betterment of society.”

“There is an in-built mechanism of check and balance in the government to take care of such a situation,” he told the constitution bench headed by Chief Justice K G Balakrishnan hearing the reservation issue.

Citing Article 26 of the Constitution of India, he said that reservation for Other Backward Classes (OBCs) would not be violative of the Universal Declaration of Human Rights which favours technical and professional education on the basis of merit. He justified the Act by saying that creamy layer should also be included in reservation as they would be taking forward the society along with them. 

The court has been hearing the issues pertaining to the constitutional validity of the 93rd amendment, the provision of the Central Educational Institutions (Reservation in Admission) Act 2006, providing 27 per cent reservation for OBCs and Union government’s power on implementing such policy without any basis.