Supreme Quota Verdict

The first ever scheduled caste Chief Justice of the Supreme Court has done justice to his duty. Despite the caste and political emotions running high and strangulating his judicial work, Justice. K.G. Balkrishnan has safeguarded the supremacy of the guardian of the Indian constitution. In the 27 percent reservation for the Other Backward Classes (OBCs) in the central universities case, the bench has pronounced a very objective verdict. It is true that the caste factor is still operational in most parts of the country. It is also true that some of the Indian population has benefited from the reservation in the past 60 years. Those who got enough economic means and cultural capital using the backward caste card are considered as the creamy layer. Taking note of these trivial troubles, the bench has given the green signal to the quotas with certain conditions. One, the creamy layer should be excluded from the quotas. Two, the government should reexamine the backward classes list with better scientific methods. Three, the quota cannot be given to the graduates from the backward sections. Four, the reservation cannot go on for ever. Five, steps should be taken to empower the backward sections within an agreed time frame. Any sane person will consider this judgment as the landmark one.
Through ample education, political empowerment and employment opportunities certain OBCs have moved up in the social ladder. This kind of people cannot be called as “backward” and provided reservation in the government concessions. Unfortunately this is what the rich and mighty from the so called backward castes are claiming for. The political parties are singing the caste tunes to garner votes. This drama is going on from the first Independence Day in 1947. In the move to create an egalitarian society which is enshrined the constitution there is no symptom of reducing the caste discriminations. Instead of taking steps to dilute and eliminate caste, the governments have successfully perpetuated this social evil. After the dusted off and stage-managed Mandal commission report presentation by the V.P Singh, the caste crime has increased. One can verify this trend from the growth of caste based political parties after 1990s. Although most of these parties got rejected by the public and most importantly by their own caste people, these parties pose a grave blockade to the extinction of caste.
One can gather the knee-jerk reactions of the political parties. The Government’s quota raja, Arjun Singh directs all the central universities to implement the verdict from this academic session. With only two months in hand, it is impossible for the central institutions to double up the infrastructure and accommodate 27 percent more students. To add salt to the wound, the University Grants Commission has informed that it has only Rs. 565 crores to be distributed among the nineteen institutions. With less than Rs. 20 crores how can a central institution implement 27 percent increase in the intake of students? For instance, Jawaharlal Nehru University Vice Chancellor, Prof. B. B Bhattacharya demands Rs. 250 crores to fulfill the OBC quota verdict. However the UGC says not more than Rs.15 crores. Who and what will suffer can be left to the guesses of the thinking human being.
Some cartoon characters who are masquerading as public representatives and policy makers cross all the limits and demand the OBC quota in the private sector. If the aim is to empower the backward sections and push them forward then the blank quota recommendation is of less use. An economic empowerment and education support from the basic school level is the best possible means to achieve the wider national goal of social equality.
As almost all political parties are in the same boat with the caste vote bank as the destination only the judiciary can save the country. In this sense, the quota verdict breaks the political hurdle and sets a new ray of hope for the people.

The Sunday Judgment

What is the relation between a verdict by the Supreme Court on Sunday and Hindutva feelings of the judges? An ordinary person may not find any correlation between the two extremely different subjects. But the hot political potatoes of Tamil Nadu find ample complementariness between the judges of Supreme Court and the Right wing advancement in the country. At the 11th hour of the bandh to be observed in Tamil Nadu against the callous attitude of the centre towards Sethu Samundram project, the Supreme Court banned it. This had taken the wings out of the flying dreams of DPA alliance. If it was allowed to happen then the common public must have underwent unnecessary torture. At 10.30 on 30th September the Chief Secretary had received the judgment from the Supreme Court. Immediately the clever Chief Minister talked to the coalition partners and converted the proposed bandh into a hunger strike.

Isn’t it funny for the ruling coalition to call for a bandh against its own governments both at the state and the centre? Who is going to gain? At the ultimate analysis there are no victors in this vicious circle. Everyone is the loser. The public is the biggest loser in the bandh games played by the political parties. Several thousand crores of work will be lost apart from wreaking havoc on the lives of innocent people. Stopping the transport services, movement of essential goods, blocking workers from work and preventing essential services like health care spells doom to the livings of Tamil Nadu citizens. The petition regarding the bandh was filled by the archrival party of Karunanidhi. The AIADMK first complained to the Chennai High Court which ordered the government to ensure the smooth passage of essential services. Not happy with the lenient order, AIADMK went to the Supreme Court which clearly banned the proposed bandh.

It is a welcome order of the Supreme Court to stop the hardships created by the bandh through the government machinery. If the Court had left the matter where it was then there is no problem. It went one step ahead and indirectly threatened the government to impose Article 356 to dismiss the DMK ruling coalition. This is unwarranted and unjustifiable.

Now it is the turn of judiciary to take on the legislature. Once upon time the judiciary was made subservient to the ruling political establishment. It is a happy turn round of situations to see the judiciary gaining upper hand. However this should not unify the frustrated politicians to take on the judiciary collectively. Using the impeachment motion the parliament can throw out judges. If this clause is used then the power of politicians will strengthen. Exactly this is the route thundered by the Union shipping and surface transport minister, T. R. Balu in a public meeting in Chennai on the sidelines of hunger strike for the implementation of Sethu Samudram project. Given the numbers for the operation against the judiciary the politicians may get their anger converted into action against the hyperactive judges through impeachment motion.

This is not the first time the DMK leaders are rubbing against the Supreme Court judges. In the OBC reservation case, Karunanidhi called for the change in the relevance of courts. He remarked on 31st March “We need to let the world know that a situation in which two or three persons can decide the fate of 100 crores people of this country was extremely harmful and damaging to democracy”

The DMK’s accusation of Supreme Court siding with the saffron brigade to pronounce the verdict at the midnight hours may not be true. But precautions must be ensured by the judicial fraternity not to allow such type feelings reach the public.

Without succumbing to political pressures and ideologies, the Supreme Court should steer clear the cases. Any bias on the judgments will lead to the erosion of its authority. Refraining from make sweeping political statements in the name of judgments is important for the future relevance of the highest judicial body of the land.