Supreme Court said to day:
(1)
'It has also to be noted that nowhere else in the world do castes,
classes or communities queue up for the sake of gaining the backward
status. Nowhere else in the world is there competition to assert
backwardness and then to claim we are more backward than you.'
(2)
While saying this, however, the Apex Court reprimanded the Centre,
saying that the Centre should stay away from dividing the society on
caste basis and should behave in a more responsible way.
(3)
The Bench said the OBC quota was vote bank politics. It also noted
that no data on OBCs was collected in the last 76 years.
I
have written on May 28, 2006 at: http://www.organiser.org/dynamic/modules.php?name=Content&pa=showpage&pid=132&page=14
UPA
trying to make Hindus minority
Why
Ram Krishna Mission turned itself as non-Hindu? Why Jain wants to be
minority? Why there is a competition to be backward instead of
forward? Why the Union Minister, without portfolio A.R. Antulay is
in the search of provinces where Hindus are in minority? Is this
sign of democracy, secularism and progress?
The original architect of Mandal politics, VP Singh, has recently
declared his intention to fight for caste-based reservations in the
Parliament as well as the judiciary.
Arjun Singh (V.P. Singh-II) should learn from the beautiful words of
C S Levis: “Beauty is not democratic; she reveals herself more to
the few than to the many, more to the persistent and disciplined
seekers than to the careless. Virtue is not democratic; she is
achieved by those who pursue her more hotly than most men. Truth is
not democratic; she demands special talents and special industry in
those to whom she gives her favours”.
Rull
discussion may be find in the above mentioned article.
Old
enmeyty of Communists with the Judiciary sice Nambrodaripod
Left leaders called it a judgement that had pitted the judiciary
against parliament
'In our
constitution, the responsibilities of judiciary, executive and
legislature are clearly defined. These are coming under question
with this judgement. It needs to be dealt with,' Communist Party of
India-Marxist (CPI-M) leader Sitaram Yechury said.
Advocates
reservation as a means of social equality
Prakash Karat, General Secy, CPI(M) “We do not think that
this stay is called for and we want the Central government to
immediately take all the necessary steps to see that the Parliament
legislation is implemented.”
The ruling could
once again set the stage for another clash between legislature and
judiciary, as this is being seen as a setback to the Government.
I
have written on May 29, 2006 at:
http://www.hvk.org/articles/0506/266.html
Attack on Judiciary
Somnathda trying to make judiciary a controvercy, Surjeet who never
attends court in the case filed against him by Anupam Kher. At the
time of Jharkhand controversy on March 16, Loksabha Speaker Somnath
Chatterjee said the Supreme Court had crossed the "lakshman rekha",
though he himself crosses that. "I can't expect the Supreme Court to
pass an unreasoned judgment. I am sure it will not be treated as the
law of the land. It is not a law declared by the Supreme Court as
law of the land. It is just an interim order", Somnath said out of
parliament. Somnath's attack on judiciary is not sudden. It has
Marxist background E.M.S Namboodiripad v. T.N. Nambiar, AIR 1970
Supreme Court 2015, Dhavan Former Governor of WB, Surjeet, Yechury
have said against judiciary system.
What did Supreme
Court say in its Interium Stay order?
Supreme Court’s
verdict on the OBC quota is being seen as a big set back to the UPA
government especially before the UP elections.
The Oversight
Committee headed by senior Congress leader Veerappa Moily had
estimated that the cost of implementation of affirmative action
would be over Rs.90 billion.
** Putting the
government on the back foot, in its interim order staying the
Central Educational Institution (Reservation in Admission) Act of
2006, the court held that the 1931 census could not be a
determinative factor for identifying the OBCs for the purpose of
providing reservation to them.
It added the
Government's decision to implement the quota system was full of
flaws.
The apex court
has asked the Centre to submit proper documents about the OBC
population following which the final verdict will be delivered. "The
Centre has to determine who are the socially and economically
backward people of India, before the Central Educational
Institutions Act can be given effect,".
This means that
if the Government can provide the court with authentic data on who
constitute the OBCs in India, then reservation may be implemented in
favour of people who genuinely need it.
** "...it is
desirable to put on hold the OBCs reservation," a Bench comprising
Justice Arijit Pasayat and Justice L S Panta said. However, it
clarified that the benefit of reservation for the Scheduled Castes
and Scheduled Tribes could not be withheld and the Centre can go
ahead with the identification process to determine the backward
classes..
'It would be
permissible for the Union of India to initiate or continue the
process, if any, for determining on a broad based foundation 'OBCs',
notwithstanding the pendency of the cases before this court and
without prejudice to the issues involved.'
**
SC stays
reservations in IIMs & IITs
**
"Reservation
cannot be permanent and appear to perpetuate backwardness," the
Bench observed.
** Backwardness
has to be based on objective factors whereas inadequacy has to
factually exist.
** "It is
desirable to put on hold the OBCs reservation," the court said
adding that the state was empowered to enact an affirmative act to
help the backward classes but this action could not be unduly
adverse to those who were left out
** 'Though it is
submitted that the number of seats available for the general
category is not affected, but that is really no answer to the
broader issue. If there is possibility of increase in seats in the
absence of reservation it could have gone to the general category.
** 'If the stand
of the ASG is accepted that the exercise was not intended to be
undertaken immediately and the increase would be staggered over a
period of three years it could not be explained as to why a firm
database could not be evolved first, so that the exercise could be
undertaken thereafter. By increasing the number of seats for the
purpose of reservation unequals are treated as equals.'
** The bench said
that the much-debated concept of 'creamy layer' could not prima
facie be considered to be irrelevant.
It directed
listing of the petitions for final hearing in the third week of
August.
Anty-India seed
bowed by UPA+Left
On December 14,
2006 the Lok Sabha had passed the Bill providing 27 per cent
reservation to OBCs in Central-aided educational institutions
unanimously with the promise that a bill on unaided institutes will
follow January 7 the decision on OBC quotas was notified.
But in mid January this year, the Supreme Court put a spanner in the
works by ruling that laws included in the Ninth Schedule of the
Constitution after April 24, 1973, were open to judicial review. In
other words, the government would not be able to take so called
'populist' measures.
Later in the same month, the Supreme Court asked the Centre to
explain why it should not stay the decision to implement 27 per cent
quota in higher educational institutions for the Other Backward
Classes reacting to a Petition challenging the notification.
Youth for Equality, Politicians for
divide
Resident doctors and students at the capital's All India Institute
of Medical Sciences (AIIMS), the epicentre of the anti-quota
movement, were in an upbeat mood as they celebrated another 'Holi'
to mark what they termed as their 'victory'.
"It
is a victory of the people and a victory for the common man against
politicians, who had tried to divide the society on the basis of
caste. The politicians wanted to create caste-based vote banks. This
is definitely a setback to them," said, Kumar Harsh, president of
AIIMS Residents Doctors Association,
He
also demanded a thorough review of the reservation policy in a
scientific manner. "There should criteria. It could be economic or
anything else, but certainly not caste," he added.
'It's a vindication of our stand and fight for a just cause. While
we are jubilant, it's a serious jolt for the politicians,' Anil
Sharma, a senior resident doctor at the AIIMS, told IANS.
Spokesman for the anti-quota Youth for Equality forum Chandarshekhar
said the apex court order had "saved the future of thousands of
students" and hoped it would continue to understand the feelings of
the student community.
'Generations have taken advantage of reservation and children of
those people who are well off now are still taking advantage of it.
So economic criteria should be taken into consideration while
implementing quota,' said a student of the IIM-Bangalore.
'It's a clear and firm observation of the apex court against the
government's quota policy,' Senior Supreme Court lawyer M.L. Lahoti,
one of the advocates representing the Youth for Equality who
petitioned the Supreme Court challenging the reservation policy of
the government said. 'How can the government take a decision without
proper data?'
BIJU as Vibhishan
in OBC-Parliament of Ravan
Biju Janata Dal
MP Tathagata Satpathy, the only one to oppose the bill when it was
put for voice vote in the Lok Sabha, was the sole voice welcoming
the judgement. 'It is a very sensible decision. All the political
parties should be fair to the future generation,' he said.
'Reservation
cannot be continued for ever and the true benefits should go to the
people who are economically backward, because there are only two
castes here - the rich and the poor,' Sathpaty said.
Politician-Cobras
on Supreme Court
"I am convinced
that the Supreme Court will also get convinced that the law is
valid," Singh told reporters
Most political
parties criticised the Supreme Court decision
While the ruling
Congress said the ruling was 'unfortunate' and showed that the court
was 'still driven by the old mindset', the opposition Bharatiya
Janata Party (BJP) blamed the government for not making the law
'foolproof'.
Former prime
minister V.P. Singh, who leads the Jan Morcha, recommended a
referendum on the issue of reservation.
Human Resource
Development Minister Arjun Singh said: 'I will do what is legally
correct and address what is socially required.'
"If this is true,
it is unfortunate. But I have not read the order," he told reporters
here when asked about the apex Court order.
Lalu Prasad Yadav,
President, RJD, a joker of OBC:"This
sort of judgment cannot be appreciated, we will have to discuss the
issue."
M Karunanidhi, CM, Tamil Nadu, Grad father of OBC: “It is
very shocking. We will discuss this with like-minded parties and
decide the future course of action.”
By Premendra Agrawal
agrawalpremendra@hotmail.com