THE RESERVATION CONTROVERSY SIMPLIFIED

Friday, October 20, 2006


Quotas not to be implemented until court orders: SC

The whole country, including the court is well aware that the politicians have kicked off the reservation issue only for the benefits of their VOTE BANKS and not for the benefits of the NON-EXISTANT Backward classes.
If only those who are unnecessarily benefiting by terming themselves 'BACKWARD', realise the potential disaster this politics would spell for our country; Then only shall we be able to prevent this vertical split of OUR NATION

Below is an article taken from rediff.com, containing the observations of the Supreme Court on this issue.

The Supreme Court said the policy of reservation, sought to be implemented by the government providing 27 per cent reservation to the Other Backward Classes in admission to educational institutions, should not be enforced until a final decision on the petition challenging the policy was taken by it.
Additional Solicitor General Gopal Subramanium, earlier, told the court that the Bill on the policy was introduced in Parliament on August 24, and has been referred to the Standing Committee as per the procedure and its report was awaited.
Responding to a question on why the implementation of the government's order be stayed until the final decision of the court, the ASG said, "The matter, at present, is in the domain of Parliament and is likely to be debated in both the Houses during the forthcoming winter session."

A Divison Bench comprising Justice Arijit Pasayat and Justice Lokeshwar Singh Panta asked the government, "You announce the policy without having the complete data. Your counter-affidavit is also silent on the issue of exclusion of the creamy layer from the policy of reservation. You played a game first and frame rules thereafter."
They also directed the government to place in a 'sealed cover' a copy of the report of the Standing Committee before the court.
The apex court also refused to pass any order on an application filed by SC/ST Students Forum, seeking initiation of contempt of court proceedings against them opposing the reservation policy.

They had gone on strike on several occasions even after the directions of the court on May 31, opposing any form of protest.
The court directed that the application will be considered only with the main matter coming up for hearing on December 4.

It also posted another application filed by Dr M M Mittal, pleading that none of the political party was genuinely interested in the welfare of the downtrodden in the country, for hearing along with the main matter.

The court granted more time to the government to file a counter-petition, challenging the Constitutional validity of Article 93 (5), which enables the government to provide reservation to socially, economically and educationally backward sections in the educational institutions and employment.
Petitioner Shiv Khera would file his rejoinder thereafter.

Tuesday, October 17, 2006

Another Boost for EQUALITY

From the article below, it is clear that the SC too finds the government playing politics at the cost of the future of our country.

What is left to be seen is what prevails - JUSTICE or POLITICS


SC makes mincemeat of govt on quota policy


Dhananjay Mahapatra TNN

New Delhi: In what can re-ignite the passionate debate on the about-to-be introduced OBC quota in central educational institutions, the supreme court on Monday censured the government for rushing ahead with the exercise without bothering to collect elementary data.

The court also faulted the government for retaining the “creamy layer’’ within the quota ambit in apparent disregard of the spirit of the constitution bench judgment in the Indira Sawhney case. In fact, so unhappy did the court seem with the government that at one point of time during the hearing, it almost strayed on to the turf of the legislature by requesting parliament not to proceed with the Central Educational Institutions (Reservation in Admissions) Bill, 2006. The bill, which is currently with parliament’s standing committee, needs to be enacted for the implementation of the OBC quota. The court relented only when additional solicitor general Gopal Subramanian promised to keep it informed, averting the prospect of conflict with the turf-conscious legislature. An alert ASG said, “We will report back to the court on each and every development and will provide all information that is asked for, but the last sentence of the order need not be put in the order sheet.’’