RESERVATION INCREASE FROM 50%TO65% IN BIHAR DECLINED BY PATNA HIGH COURT.25.06.24
Reservations and Its Exceptions: The political push to breach the 50% cap
Patna High Court joined the judicial pushback against political parties trying to overshoot. A lowdown on how courts have interpreted the matter over the years
The Bihar government increased reservations for SC, STs, Backward Classes and Extremely Backward Classes (EBC) from 50 per cent to 65 per cent. (Representative image)
Apart from centre-state relations, independence of the judiciary and fundamental rights, it is reservation policy that has been under the judicial scanner most often.
Affirmative action to empower marginalised groups through better educational and employment opportunities along with wider political representation has been part of the policy toolkit of governments across the world. In India, it has taken the form of reservation for the Scheduled Castes and Scheduled Tribes (SC/ST), Other Backward Classes (OBC) and Economically Weaker Sections (EWS) in employment and education.
Ambedkar’s Position on Reservations
On the subject of reserving seats in Parliament and State Legislatures, Dr BR Ambedkar, Chairman of the Drafting Committee of the Constitution, wanted it to stay for 10 years. And in the case of reservation in educational institutions and employment, it is sometimes erroneously cited that he wanted it to last10 years only. However, he did not want it to continue for good.
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From our UT TEAM.
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ORIGIN OF RESERVATIONS.
There are two Reservations in our country for Untouchables(present sc.sts)from 1932 poona pact given by Ramsay mc donald,the then Prime Minister of British India considering the Social backwardness of UT.
1)Political Reservation for UT to participate in Indian Mainstream.Previously in 1906 a communal award was granted to Muslims,other minorities by the same P.M)
This is carry forward in the constitution in 1950 and decided a period of 10 years.After 10 years the then Govts has extended it for further 10,10,10 years and exists as on today.After 75 years now only a Few MP,MLAs are elected by people as envisaged by Dr Ambedkar and all other SC.STs are almost Slaves to their political affiliations till now and some of them are moved out from SC ST people mentally.
2) The second one is share in Education,share in Employement,share in Land of the Country,Share in promotion etc etc.For this reservation there is no term of years.But until the untouchables,DCs were uplifted par to the others,it will continue.
The successive Govts made many amendments to improve the life of SC.STs..and it is progressing.
Babasaheb want two kind of people to support this work.
1) SC.ST polititions to demand more activities to improve the SC.STs.But it didnot happen because of selfish attitude except a few.
2) SC.ST educated to take the caravan forward.But they become more selfish are rarely work for SC.ST.
They worked only for their Appointment,promotion,transfer,intercaste luxury marriages,being slave to upper castes.
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FACTS OF RESERVATIONS.
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Now let us come to the census matter and increasing the Reservations.
1) Once in 10 years census is taken by the Central govt with the support of states.
2)But caste based census is not taken up to 2021and hence there is no scope for increasing the reservation by central Govt.
3)In Tamilnadu Ms Jayalalitha,Former CM has taken a strong decision and increased the reservation to 69%,got approval from Parliament and inserted the same 9th schedule of constitution.(9th schedule is having extraordinary power.Any law enacted in our country if inserted in 9th schedule no court can interfere).
4)In many states the govt has increased the reservation for NAMESACK to get votes and subsequently the Hon.Court will stall it and there will not have any increase.The same has happened in PATNA.
5)Bihar literacy rate is very low when compared with Tamil Nadu and hence the people are mostly illiterates and don't want to fight for their rights.
6)So if any state want to increase reservation please follow Tamilnadu method.Please read First Constitution Amendment to learn TN reservation by Justice Party.
Team Sivaji.
UT news.Vellore.
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