THE CONUNDRUMS OF RESERVATION ISSUE:
by Dr. K. Jamanadas
At the dusk of 20th century we are witnessing the turmoils being systematically executed by the Brahmnical force in this country. Any reference to this statement need not be required, as we all know what sort of things are happening in and around us. The various constitutional safeguards for the SC/STs & OBCs given by none other than the father of Indian Constitution Dr. B. R. Ambedkar in the first ever democratic constitution of this country in its 5000 years. of history are being systematically undermined under preplanned conspiracy. It's very unfortunate that for this purpose the manuvadi forces are using the least dangerous branch; the Judiciary, as they are not able to do the things directly through legislature & executive due the political instability created by the movement of Bahujans. Due to our political action the percentage of Brahmin M. P.s has reduced from 35% in 1951 to 8% in 1998. This shows their desperation to use judiciary as the last resort of a loosing soldier.
The various provision under the constitution for SC/ST/OBC are:-
Art. 340 - National Commission for OBCs (As of yet two commissions had been formed one in 1953 and one in 1977, they are Kaka Kalelkar and Mandal commission respectively)
Art. 15(4) & Art. 16(4) and Art 16(4-A) :- Different provision for reservation in services
Art. 46:- Promotion of educational and economic interests of SC/STs & other weaker section.
Art. 338:- National Commission of SC/STs
Art. 335, Art. 15(4) & Art. 16(4-A):- Different Provisions for reservation in services.
Art. 46:- 'Same as above'
Apart from these, the political reservation for SC/STs is provided in Art. 330 & 332, Notification for SC (Art. 341) & ST (Art. 342). Additional provisions for the Tribes are given in the V & VI schedules of the Indian constitution. Abolition of untouchability is provided in Art. 17.
Due to the aforesaid provisions the condition of SC/ST/OBCs started improving gradually in the past 50 years. The brahminical force however were never serious about the implementation of these provisions which is reflected in the 22.5 lakh backlog according to SC/ST Commission (29 lakh according to another sources) of SC/ST and the non - implementation which of the OBC provisions up to 1992 in spite of their provision in the constitution which has created a huge economical loss to these section, apart from pushing them socially back. The OBC should think over, what is their backlog if their percentage population is 52%. In spite of restoring these provision the Brahmnical force have started axing it. The axing is not a new phenomena as we are witnessing now by the recent judgments of S. C. in the from of no reservation of promotions & 'no reservation in super - speciality courses (citing U.P. Govt.'s decision taken by BSP Govt. & M. P. Govt., which reduced the marks of S.C.s & S.T.s) given in a period of one month. All this mischief is going back since 1963 and even before when Mr. Nehru didn't form the OBC Commission for which Dr. Ambedker resigned in 1951. Following are some of the adverse judgments of the judiciary:-
1) Any representation to SC's of a reserved character exceeding 50% of vacancies to be filled in at any time would be unreasonable & bad. ------- M. R. Balaji v/s State of Mysore 1963 Devadasan v/s U. of I.
The above decision now has been further extended even for backlog by the following judgment.
2) The "Carry forward" rule should not result in the breach of the 50 % rule in a year. ---- INDIRA SAWHENY v/s U. of I.1992
As a consequence of the above decision, it is therefore, not possible now to treat the CURRENT and the BACKLOG reservation on separate footing. On one hand the judiciary is not taking a note of backlog and on the other it has given decision that there cannot be reservations in promotion beyond 5 year from 16/11/92 in the Indira Sawhney v/s U. of India case 1992. As a consequence of which now once any reservation category employee is recruited in service he becomes a general candidate. The promotions are given by the gradation of outstanding, very good, good, average and unfit, by the Departmental promotion committee (D.P.C). with revised seniority. The net result of this will be that the reservation candidates will be given adverse gradation and will be deliberately denied from promotions. The reservation in promotion was already restricted to the lowest rung of Gr. 'A' but now it will be uniformly implemented of all gr's. The supreme court has already given decision that:-
3) The provision for lower qualifying marks / lesser level of evaluation, in the matter of promotion, departmental qualifying / competitive examinations, provided for SC/ST under Govt. instructions, are not permissible under Art. 16(4) in view of the command contained in Art. 335 of the constitution (i.e. efficiency of administration was made as pretext)
-- V/s U.of I.,1996. Vinod Kumar decision in Civil appeal No. 12676 arising out of SLP No. 21528 of 1995
If the judges of S.C. are repeatedly citing efficiency, let's see; What is the efficiency of those siting in the judiciary? The efficiency is:
a) Not resolution of land reform cases for the past 30 years.
b) 3 crores. of pending cases.
c) 50,000 crores worth of tax cases pending.
d) Only 19.7% of disposal of criminal cases (Acc. to the National Crime Records Bureau)
e) 53 lakhs of pending criminal cases under IPC.
f) Pending cases awaiting trail worth 71 lakhs.
g) 85% Pending for almost all heinous crimes.
h) 1.13 cr. of population are awaiting trail in various criminal courts of the country. Which article should be applied for their efficiency now? The seniority of the reserved category candidates has also been axed by the following judgment.:
4) Even if a SC/ST candidate is promoted earlier by virtue of rule of reservation roster than his senior general candidate is promoted later to the said higher grade, the general candidate regains his seniority over such earlier promoted SC/ST candidate. The earlier promotion of the SC/ST candidate in such a situation does not confer upon him seniority over the general candidate even though the general candidate is promoted later to the category.
- U.of India V/s. Virpal Sing Chauhan etc. 10-10-1995
The other adverse decisions of the Judiciary are:
5) No reservation for a single post (Why not it was decided that the reservation should be alternate for reserved and general category?) --- Chakradhar Paswa v/s S. of Bihar 1998 post graduate & Institute of Medical Education & Research Chandigarh v/s. Faculty Association 1998.
6) Post based roster instead of vacancy based roster-- R.K.Sabarval v/s. S of Punjab 1995.
7) Creamy layer of O.B.C.s --- Indira Sawhney v/s U of India 1992 & Ashok Kumar Thakur v/s. S. of Bihar
8) National Commission for SC/ST (Implied OBC Commission) has no power of granting injunctions, whether temporary or permanent. The powers of the Commission are all the Procedural power of a civil court of the purpose of investigation & inquiring into the matter and that too for that limited purpose only. It has no powers to direct withholding of the operation of any orders issued by the Government ---- All India Indian Overseas Bank SC/ST Employee's Welfare association and others v/s. U. of India and other 1996.
9) Interpolation of word 'At Present' instead of 'Any Post' in
Art. 16(4-A) (introduced by 77 Amd. 1995)
10) Promotion only up to Class I to the reserved category -- Maharashtra Government order dt. 23-08-1997.
11) Reservation in promotion upto Dep. Collector in Mah. has been cancelled and restricted now only upto the lowest rung of Tahsildar and BDO --- (629 /92) G.O. Dt. 14-12-1995.
It is explicit from the above details that brahminical forces are tampering with the basic institution of democracy. Out of the 26 Judges of the S.C. not even one is from SC / ST / OBC. The Government and the Manuvadi media had made a big hue & cry over the advise of our Hon'ble President to consider the appointment of Judges from these categories.
We know how the secret file details of Law Ministry were leaked by the Present Chief justice Mr. Anand to the editor of India Today; by managing an interview on his residence. Prabhu Chawala who is a main figure of the Media Control Centre' of R.S.S. The All India backlog is 22.5 Lakh & the backlog of Maharashtra is 1.92 Lakhs. 15 crores of the people are unemployed and 11.28 crores of children of Bahujan Samaj are doing child labour. 46% is the absolute poverty and 7,00,000 crores is the black money with the manuvadis. What a dichotomy? Is India a Nation? Will the Supreme Court Judges need our judicial help to distinguish between a state and Nation. How they have given the judgment on no reservation in promotions as against national interest. Have they forgotten that they derive the power to interpret the constitution from the constitution itself and describing any Art.. as anti-national very much reflects the same on them. What are we demanding? Our due share in ratio of percentage populations, Is it not our right to participation even scholars like Marc. Galanter in his Competing Inequalities support this.
SELF - INTROSPECTION : Will we awake and move?
We, however, welcome the desperate Brahmonocracy of belatedly speaking openly. It provides us an opportunity to introspect ourselves. The educated employees of the Bahujan Samaj had forgotten their duties. Dr. Ambedkar always opined and dreamt of that, this educated class will give a lead to the Bahujan Samaj and will bring a socio economic transformation of the Indian social system. He had been talking of 10 lawyers, 20 engineers & 30 doctors. He also gave a practical message to share 20th of the total income for the cause of society. He reflected his despair in Agra in 1953 when he criticised the educated persons of our society. In his last message, he also gave a word of caution, that 'your selfishness will destroy you'
It is the right time for everyone to reflect on oneself without allegating others. How far have we upheld the advise of Babasaheb Ambedkarite movement? How then can we expect that every thing will be a smooth sailing for us. To be bit harsh, we deserve it. It's a result of our callous negligence and irresponsible behaviour that we are subjected to the will of 3.5% of Brahmins. What a shame! Even now if at this juncture of crisis when brahmanism is fighting its last war; we do not awake and arouse, our next generation is bound to become worst slaves and we will be responsible for it. What then the remedy is? What can be the Solution?
THE SOLUTION : JUDICIAL OR PARLIAMENTARY ACTION?
All the problem of reservation shouldn't be looked in isolation from the problems of Bahujan Samaj (SC+ST+OBC+RM). This is the first and foremost error the employees had done. The Problem of reservation has its own economical, education, cultural and political dimensions, of the Bahujan Samaj. Which is a direct threat to the Brahminical social order (BSO). The bramnicial forces are therefore very serious about it. The solution to this problem ought to be searched in Dr. Ambedkar's views. He has directed the employees in his speech at two places. First at Manmad in 1943 where he had addressed the Railway men's conference and the second at Delhi in 1943 where All India trade Union Workers' study camp. If we take the gist of both, it is crystal clear that, Dr. Ambedkar wanted a prepondering role to be played in the political arena by the employees & workers. Apart from this he had suggested the more cardinal organisational aspect to strength the 'non-political roots' (Study Circles). Dr. Ambedkar was of the view that trade Union will be a natural corollary if you can capture political power. Are we really serious about political power?
The employees of Bahujan Samaj think that the Judicial action can be a remedy. We think this is a wrong approach. In the India Sawheny V/s U. Of I; 1992 case the judiciary even after 29 years. from the case of M.R. Balaji V/s State of Mysore upheld the same view in its judgment on 50% reservation limit,. when the issue of OBC reservation was not involved at all at the national level. So how we can expect from the same judiciary (out of 410 H.C.judges only 11 are SC & 6 OBCs) who has given adverse judgments in different cases to change it's stand over nightly. Moreover even if the judgments are favourable now, they can be further reverted back by the other judges. We have no intention of criticising any one. But we should take a pragmatic look at the problem. Judicial fight is a symbolic fight which invites respected adverse judgments. The solution is therefore sincerely working for the Parliamentary wing of out Political party. The primary precondition to which is bringing at least 25-30 M.P.s. and creating a pressure group of MPs on the floor of Parliament. Today we are having our won national party which is almost at the 3rd place in India now. This is the landmark development in our explored history of 2000 years. Why are we not serious about it? Dr. Ambedkar also dreamt of our own National party which can balance & manage the affairs concerned to the Bahujan Samaj. He was very much for parliamentary action and opined on parliamentary house as : "But it must be recognised that the legislative council (Today's L.S., R.S.,L.A.& L.C.) is not a zoo or a museum. It is a battle ground for the acquisition of rights, the destruction of privileges and the prevention of injustice". (W & S, Vol-2 pg-362) Dr. Ambedkar was clear in his conviction of capturing power and to a lesser extent about controlling the Govt.. To quote him:
"There is another and a bigger crime which they (labouring classes) have committed against themselves. They have developed no ambition to capture government and are not even convinced of the necessity of controlling government as a necessary means of safe guarding their interests. Indeed, they are not even interested in government of all the tragedies which have best making, this is the biggest and the most lamentable are."
"We feel that nobody can remove our grievances as we can and we cannot remove them unless me get Political power in our own hands." (W & S. Vol 10. 110)
"I want the depressed classes to concentrate their energy and resources on political and education and I hope, that they will realise the importance of both." (Dr. Ambedkar 3rd Charitra khanda, Khairmode p. 389)
The policy of recruitment, services and reservation are framed by the Dept. Of Personnel and Training. Unless and until we have our cabinet minister for this no real solution can be expected. The issue is not only of adverse judgment but backlog and other employment related issues in Govt.. & private sector. Seriously thinking even giving reservations to the manuvadis. Time has arrived now that we should become serious of giving reservations. Let's give 3.5% reservation to the Brahmins. Let's change our mental attitude of always asking for something. All these can be done only when we are not only electors but "Law maker', and influence the policy of the Govt. To quote Dr. Ambedkar again:
"No great benefit can came to them from the introduction of political reforms unless they can find a place in the cabinet of the country from where they can influence the policy of the government. This opportunity will be denied to them, so long as they are denied the opportunity of electing their own representatives." ( W & S Vol-2, P.439)
It's evident from the views of Dr. Ambedkar that he has stressed on a few points:
a) Capturing Political Power as a long term and permanent objective.
b) Strengthening non-political roots by pay back to the society.
c) Trade union as a natural corollary of political power acting as a pressure group.
d) By legislative action, controlling the government on the floor of the Parliament.
e) Representing in the cabinet on our own.
f) Becoming policy makers and implementors.
APART FROM THE ABOVE WE NEED
i) Initiation of impeachment against the judges under Art. 124 (4) & Art. 121 by our M.P.'s which can serve as and effective short term measure to check the ravageous judges.
ii) Our own national media for building public opinion.
All these were opined as the ways and means for the social- economic transformation of the Indian social system. We are firmly upholding our conviction in the views of Dr. Ambedkar himself and express our credence in the national leadership of social transformation movement, Hon'ble Kanshiramji a dedicated and determined leader, a master organiser and great strategist, who is working day and night for the socio-economic transformation of the social system. We very much opine, that the problem of Bahujan Samaj as a whole (including employees) can be solved by the action of political power for the same objective. At the dawn of 21 st century we put across the different thinking quarters of Bahujan Samaj, this message; to make the Bahujan Samaj a ruling race and solve the problems en masse and create a society based on Equality Liberty and Fraternity
Jai Bhim! Jai Phule!! Jai Bharat!!!
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