Reservation for Muslims : Is SC justified?
In one of its earlier judgements, the hon'ble Supreme Court (SC) had said : We may be wrong but our decision is final. Is SC right this time?
Has SC approved the reservation for Muslims ? The answer is 'yes', as it has annulled the judgement of the High Court of AP.
To the same question, the answer is also 'no' as the Court had transferred the case to a bigger bench and has given only some relief. But how long this bigger bench will take to resolve the issue is anybody's guess and this relief will continue till then.
What will happen now?
Various political parties championing the cause of so called dalit muslims and christians will try to compel the country to take note of various reports (including the latest Ranganath Mishra Report) and press for reservation for them turning politics into a battlefield in which every such political party will try to get political mileage. (I have already comment on one such report in one of my previous blogs.)
The AP High Court had struck down this reservation based on Arts. 14, 15(1) and 16(2) but the SC has not taken up any constitutional issue in giving the relief. It has taken into account human considerations that do not stand before the law of the land. The pro-reservation argument was that only some Muslim communities have been included in the reservation list because of their backwardness and hence it is not the reservation based on religion - that the Constitution of India does not allow; and the SC has accepted this plea in rejecting AP High Court judgement.
So, what is the remedy before the SC?
The SC can not change the Constitution but it will have to take into consideration the clauses on the bases of which the AP High Court based its judgement. As for the backward among Muslims, they could have been accommodated in the pre-existing OBC list without any hue and cry but the votaries of reservation for dalit Muslims and Christians could not get political mileage by doing so.
Whatever the judgement of the Supreme Court, one apprehension is that this is bound to promote conversions and secondly, it is bound to create tensions between the Majority and minorities and the chaos is likely to aggravate as various political parties take stand either way. Coming days seem to be full of upheavals. Only the God can save our country or we ourselves.
Has SC approved the reservation for Muslims ? The answer is 'yes', as it has annulled the judgement of the High Court of AP.
To the same question, the answer is also 'no' as the Court had transferred the case to a bigger bench and has given only some relief. But how long this bigger bench will take to resolve the issue is anybody's guess and this relief will continue till then.
What will happen now?
Various political parties championing the cause of so called dalit muslims and christians will try to compel the country to take note of various reports (including the latest Ranganath Mishra Report) and press for reservation for them turning politics into a battlefield in which every such political party will try to get political mileage. (I have already comment on one such report in one of my previous blogs.)
The AP High Court had struck down this reservation based on Arts. 14, 15(1) and 16(2) but the SC has not taken up any constitutional issue in giving the relief. It has taken into account human considerations that do not stand before the law of the land. The pro-reservation argument was that only some Muslim communities have been included in the reservation list because of their backwardness and hence it is not the reservation based on religion - that the Constitution of India does not allow; and the SC has accepted this plea in rejecting AP High Court judgement.
So, what is the remedy before the SC?
The SC can not change the Constitution but it will have to take into consideration the clauses on the bases of which the AP High Court based its judgement. As for the backward among Muslims, they could have been accommodated in the pre-existing OBC list without any hue and cry but the votaries of reservation for dalit Muslims and Christians could not get political mileage by doing so.
Whatever the judgement of the Supreme Court, one apprehension is that this is bound to promote conversions and secondly, it is bound to create tensions between the Majority and minorities and the chaos is likely to aggravate as various political parties take stand either way. Coming days seem to be full of upheavals. Only the God can save our country or we ourselves.
I would like to give a single comment on one of your statement: "one apprehension is that this is bound to promote conversions "
ReplyDeleteIf this would have been the case then all STs have been converted to either Islam or Christianity as they are allowed and enjoy the reservation benefit regardless of their religion but this is not the case with Muslim SC or Christian SC. You argument of promoting conversions is baseless and don't have any ground.
Dear Mr Ansari
ReplyDeleteThnks for your response. I have written that it is only an apprehension. And it is true for dalit christians as in the christian records they are not shown as christians but affiliated christians so that while remaining christians they can take benefit meant for SCs.
sir,can you pls tell me what is deprivation point system?
ReplyDeleteVery nice sir
ReplyDelete