Jun 04, 2023
Jun 04, 2023
by V. Sundaram
The greatest moment in the evolution of Constitutional Law was reached on 29 March 2007 when the Supreme Court stayed the 'anti-national' and 'anti-social' law providing for 27 per cent reservation for Other Backward Classes (OBCs) in higher education institutions such as the IITs and IIMs for 2007- 2008.
At the same time, a Bench consisting of judges Arijit Pasayit and Lokeshwar Singh Panta declared that the quota for the Scheduled Castes / Scheduled Tribes could be implemented.
This landmark order of the Supreme Court of India founded on timeless elemental principles of equity, natural law, natural justice (which does not exclude social justice) will be welcomed by all the enlightened people of India committed to the noble cause of eradication of untouchability and other forms of cruel discrimination practised against the Scheduled Castes / Scheduled Tribes for centuries by all the other communities, definitely not excluding the so called 'Backward Classes' who are being converted into scapegoats in the dirty and murky world of caste-based votebank politics patented and perfected by men like Arjun Singh, Karunanidhi, Ramadoss, Sonia Gandhi, Veerappa Moily, Lalu Prasad Yadav and many other sworn enemies of the 'Forward Classes.'
By implication, the Supreme Court has made it abundantly clear to the Central government that they are not willing to buy the 'caste-based, caste-hatred' founded theory of the Mandal Commission that the vote-bank generated 'Backward Classes' can on no account be treated on par with the Scheduled Castes / Scheduled Tribes.
The Supreme Court passed the interim order on petitions challenging the constitutional validity of the Central Educational Institutions (reservation in admission) Act 2006. The Supreme Court rejected the government argument that reservation was not anti-merit. The Court also summarily rejected the absurd, aboriginal and abominable argument of the government of India that in the absence of Caste Data after 1931, there was no alternative to projecting the population proportion of socially and educationally backward classes and OBCs from the next best source ' the latest available census of 1931.
According to the Supreme Court, the policy of reservation cannot and should not be intended to be permanent or perpetuate backwardness. To quote the historic words of the Supreme Court in this context : 'Nowhere in the world do castes come up, classes or communities queue up for the sake of gaining backward status. Nowhere else in the world is there competition to assert backwardness and then to claim we are more backward than you.'
The Union Minister for Human Resource Minister Arjun Singh has as was to be expected reacted to the Supreme Court judgement by saying that the government would exercise all legal and constitutional options to implement the 93rd Constitutional Amendment that extends reservation for Other Backward Classes (OBCs). He has also brazenly refused to term the verdict of the Supreme Court as a setback.
The decision will impact 20 Central universities, the IITs, IIMs and colleges supported by the government. The government is considering accepting the Mandal Commission's suggestion of 27 per cent reservation for backward classes in Central government educational Institutions and the quota increase is a part of this process. The saddest part in our democracy is that there is complete unanimity among all political parties on the question of endless enlarging of the area of caste-based reservations. This kind of political unanimity was not noticed even in the days of the 'Quit India Movement' in 1942. For example, the great Communists of India did not support the Congress party at that time because it was led by Mahatma Gandhi. Today their attitude is different of course because they are supporting the Congress led by 'pseudo-secular and anti-Hindu' Sonia Gandhi.
The Communists of all brands and brigands in the UPA government stand for the emancipation of the people of India through the dictatorship of the proletariat. The 'puerile, petty-fogging pseudo-secular sycophants and flatterers' of Sonia are all bent on countering the Communist propaganda by the slogan of QUOTA FOR ALL BCs, OBCs AND SCs AND STs IN THE PRIVATE SECTOR.
In order to meet the economic challenges posed by the ruthless march of the communal and saffronized forces of globalization and privatization throughout the world, the Congress wants to inaugurate a new era of politically maneuvered, socially engineered, culturally secularized private sector in the larger interests of equity, social and natural justice for all political parties.
Amid the raging controversy over the number of other backward classes in India, following the 61st Round of the National Sample Survey Organization (NSSO) for 2004 - 2005, it was officially announced that the OBC population was 41.1 per cent. Earlier Arjun Singh had taken the stand that it was 52 per cent. For UPA government, official data relating to anything concerned with Muslims, Christians and other religious minorities and above all the Backward Classes and the OBCs will vary from zero to infinity depending upon the exigencies of 'pseudo-secular' coalition politics from time to time.
The UPA government has committed the dastardly political crime of using the Caste Data available in the 1931 census of the government of India when Lord Irwin was the Viceroy. In no other country in the world, a democratically elected government would dare to use caste, communal, sociological data collected more than 70 years ago as the fulcrum and fundamental basis for introducing a system of State sponsored concessions and incentives to different castes and communities, not for their advancement, but for the purposes of votebank politics of different categories of political thugs. This fundamental issue with all its ramifications have been brilliantly analyzed and presented by Arun Shourie in his classic book Falling over Backwards, An Essay Against Reservation and Against Judicial Populism.
It is very heartening to see that the Supreme Court of India have taken a careful note of the fundamental national, social, political and cultural issues raised by Arun Shourie in this great book. I fully endorse the views of Arun Shourie in this book : 'The bottom-line is surely there are problems with the caste system as it exists but note that at first the British and then the Congress accentuated caste differences to meet their political objectives. Also see it as a ploy by the Christians/Muslims to encourage conversions and weaken the spirit of Mother India'.
The Congress party has buried fathoms deep the following sensible advice given by Jawaharlal Nehru in his letter to Chief Ministers on 27 June 1961: ' I have referred above to efficiency and to our getting out of our traditional ruts. This necessitates our getting out of the old habit of reservations and particular privileges being given to this caste or that group. I have no doubt that there is a vast reservoir of potential talent in this country if only we can give it opportunity. But if we go in for reservations on communal and caste basis, we swamp the bright and able people and remain second-rate or third-rate. I am grieved to learn how far this business of reservation has gone based on communal considerations. It has annoyed me to learn that even promotions are based sometimes on communal or caste considerations. This way lies not only folly, but disaster. Let us help the backward groups by all means, but never at the coat of efficiency. How are we going to build the public sector or indeed any sector with second-rate people?'
Karunanidhi in Tamilnadu will be the first leader in India to run down Nehru for saying all this as an enemy number- 1 of the Backward Classes and the OBCs. Sonia Gandhi, Arjun Singh and all the other 'pseudo-secular political jokers' in the UPA government would join the 'rabidly communal chorus of Karunanidhi' with 'disgraceful' gusto and enthusiasm today.
More by : V. Sundaram