The Central and Tamil Nadu governments on Wednesday submitted before the Supreme Court that the 27 per cent quota for OBCs in Central educational institutions was justified. They also held that the law had been enacted within the parameters of the Constitution.

Senior advocate K Parasaran, appearing for Tamil Nadu, said that the 93rd Constitutional amendment, enabling privileges for socially and educationally backward classes (SEBCs), was neither unconstitutional not violative of the basic structure of the Constitution. He contended that reservation had enabled many people from backward communities to become successful.

 He pleaded that the ban on  implementation of  reservation in the educational institutions for OBC students had to be implemented. Appearing before a five-judge Constitution Bench headed by Chief Justice K G Balakrishnan, he said, “ Article 15 (5) is not only an enabling provision, it also confers legislative competence for making such a law.” Mr Parasaran added, “The amendment does not confer unbridled power. Parliament and legislatures are the arms of the state to make laws. An amendment to the Constitution can empower them to enact certain laws.”
He also asserted that reservation had to be implemented on the basis of caste. He went on to add that political justice had been rendered to the Scheduled Castes and Tribes by reserving seats for them in Parliament,  educational institutions and government jobs; Social justice would permeate to the backward classes by making education accessible to them at all levels.