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My-India.Net: India Forum: India Education: LETTER to the CHIEF JUSTICE on QUOTAS

By S.K. Malik on Wednesday, August 15, 2007 - 11:43 am: Edit Post

In your zeal to display your credentials as a proactive and activist judiciary,your judgment on reservations in private unaided Institutions provoked an unguided missile like Arjun Singh to hit back by coming out with a more abominable and retrograde piece of legislation bringing out ghost of Mandal and guarantee a division of society along caste lines. The alacrity with which all the political parties agreed to pass a Constitutional amendment which was clearly aimed at weakening the foundations of a progressive and broadminded India, and playing to vote bank politics shocked the judiciary and intelligentsia who could do nothing but watch in muted silence at the way the amendment was bulldozed through. Since it is a well known fact that around 15% of students in the current OBC list in states are competing with the General category in the Central Institutions is a testimony to the fact that a 27% reservation is unwarranted, and this can be diluted to around 10%. This can be in the form of a directive from the Supreme Court to the Center to carry out a survey and come out with the facts before any such act is legislated or promulgated. This will surely delay the inevitable..maybe dilute it to 10%, provoke a fresh debate and leave the Center red faced.
The judgment amounting to a stay,can be framed along these lines to avoid a confrontation with the executive-: " Thr hurry with with which the above legislation is being undertaken without carrying out a proper survey so as to exclude the creamy layers displays a diabolical intention among the politicians, as they their only intention seems to be to pandering to vote bank politics at the cost of dividing the nation along caste lines.As it is a well wn fact that around 12 to 15% of the students in the general category now come under OBC...I do not see any reason to extend reservation amounting to a whopping 27% based on unverified demographics. At best it can be confined to around 10% of the extremely needy among the OBC. Circumstantial evidence clearly points to unbridled opportunism among the ruling class which is guaranteed to perpetuate their power at the cost of a divided nation which is clearly goes against the spirit of the constitution. This ruling has been passed under extraordinary circumstances and should not be construed to be seen as a confrontation with the Executive, as the Court cannot be a mute witness to any move to undermine the strong foundations of this nation. The consequences of this can be nihilism if not outright anarchy. Hence a decision of this magnitude has to be done after a proper survey and consultation and the percentage can be decided after considering it for the truly needy.

So it is upon the Judiciary to contain the contagion which they they unwittingly unleashed.

REMEMBER the ADAGE by Burke/Evil triumphs when good men do nothing.

Imagine how your action against out of turn Govt accommodation and the current directive against unauthorized construction in Delhi, both of which were well meaning, and the way they have been nullified exposes the Govt's intention to cover up its sins. Isn't it blatant nihilism and a blatant disregard for everything that is good.

Imagine hypothetically for once a scenario like this-: " The spoilt son of a prominent politician gets caught on camera committing a heinous Act, and the event is broadcast all over the nation. Since there is no way the person gets to elude justice, the political lass passes a constitutional Amendment exempting the scions of elected representatives from any action under the Criminal Procedure Code and exemption to them from any kind of prosecution. How will the nation or Judiciary take it.

Also in the petition filed by Reliance Developers against the move to modernize the Delhi and Mumbai Airports, kindly do not do anything to jeopardize the process as it is a well intentioned move, and any stay will only lead to a delay and strengthen the vested interests out to wreck the process that seeks to undo the status quo of corruption and filth surrounding the AAI and their political patrons. A lot is stake for the well being of millions of passengers who are banking on it. I APPEAL TO YOU NOT TO GIVE ANY STAY ORDER.

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