This article relates to the discussions on the show “LAW OF THE LAND” telecasted on RSTV on September 25Th, 2012 regarding the proposed 117Th constitutional amendment which seeks reservation for sc/st’s in promotion in public offices. Quite clearly it seems that the parliament is in the process to secede the judicial system of the country and impose ‘Supremacy of the Parliament’ instead of ‘Supremacy of the Constitution’. The legislature through this amendment seeks to override Supreme Court’s verdict on NAGARAJ Vs UNION OF INDIA case. The legislature finds it a cumbersome process to follow the three major guidelines issued by the apex court in order to provide reservation in promotion. These are:
1. To prove the backwardness of the candidate based on quantifiable terms.
2. To prove the lack of appropriate representation of the particular class and
3. To see that the efficiency of the public administration is maintained.
The above three points are to be verified in case of every single candidate which definitely without any doubt is difficult task. On the other hand the government is not sure of the methodology to be adopted to sort out the ones eligible for reservation.
An another aspect of the bill is that the reservations should come into retrospective affect from June 17th, 1995 which will on one hand will raise controversies among the retired as well as working employees and on the other hand will put an additional financial burden on the exchequer.
On one hand where this aspect has popped up a debate on the issue, legal experts also fail to understand and suggest a way through which this problem could be sorted out. According to a legal expert and a senior supreme court judge, this problem denies any logical solution. And even after this if the government goes on with the passing of the bill, that government is not fit to govern, he further adds.
I personally think that providing reservations to the sc’s and st’s was an urgently required move in order to bring them at par with the forward/general class socially, educationally and economically and to do away with the inferiority complex that they have been suffering from since ages, but to provide reservation in promotion is a foolish one. What the government is trying to say is that a guy without merit would be promoted to the next level on the cost of another who deserves it, but is deprived only because he belongs to the general category. Even then the government is determined to achieve 8% economic growth. How is that possible? Such a move of the government will undoubtedly affect the efficiency and the internal environment of the department. There is no escape to such a situation which is bound to arise and which in turn will affect the whole functioning. No empirical study is required to establish this. And once such a situation arises, the employees will not be able to contribute with their maximum potential. Another thing which I want to put forward is that in case an employee belonging to the so called down trodden class performs well and better than other employees, he/she must not be denied promotion either. But this should not be done going against the merit. Once the candidate gets a job through quota, they are expected to perform and prove their worth. The government shall rather fix standards or targets to be achieved to be eligible for promotion and such targets must be equal for all candidates without taking into consideration the class or caste. Otherwise it will kill talent and ultimately development.
Another very important aspect that the UPA government is doing away with, is the fundamental right of EQUALITY. Agreed that the government wants to uplift the down trodden people with adequate representation in higher bureaucracy and in other government offices but what if RIGHT TO EQUALITY is brought into account.
Article 14 of the constitution provides that- ‘the state shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.’
It is thus a declaration of equality of all persons within the territory of India, implying thereby the absence of any privilege in favour of any individual. It means that no man is above the law of the land and that every person, whatever be his rank or status is subject to the ordinary law and amenable to the jurisdiction of the ordinary tribunals.
Does the legislature comply with the above quoted law as enshrined in the constitution?
It is left for the citizens to decide which includes Honourable Members of Parliament as well.
Pragya Mishra
Student
B.A in Media Studies
University of Allahabad
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