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Authors

Nirupama Pillai

Abstract

In the context of the controversy on the Central Educational Institutions (Reservation in Admission) Act, 2oo6, this paper attempts to examine who constitute the Other Backward Classes and how the Supreme Court has appraised this vexing issue. In this regard, a study of the history of compensatory discrimination in India and a comparison with affirmative action in the United States has been undertaken. In the light of Ashoka Thakur v. Union of India in which the Central Government has been asked to formulate a new list of the Other Backward Classes, understanding the complexities involved in this issue is essential. Various indicators have been applied by the Supreme Court and Backward Classes Commissions through the years, no consensus has yet been reached bn the issue and no resolution to this divisive issue seems to be in sight.

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