oppn parties Reservations: Leave the Judiciary Alone

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  • Sensex tumbles 700 points over fears that rising crude prices will deal a body blow to the tottering Indian economy
  • As Rajeev Kumar fails to appear before the CBI despite several notices, the agency forms a special team to locate and apprehend him
  • S Jaishankar says Pakistan is not a normal neighbour and its behaviour is a "set of aberrations"
  • External Affairs Minister S Jaishankar says PoK in Indian territory and the country hopes to have physical jurisdiction over it one day
  • Barasat Sessions court near Kolkata rejects Rajeev Kumar anticipatory bail application citing lack of jurisdiction as the reason
  • PM Modi celebrates his birthday with Narmada aarti and later has lunch with his mother.
  • All 6 Bahujan Samaj Party MLAs merge with the Congress in Rajasthan
  • Bengal CM Mamata Banerjee to meet PM Modi on Wednesday, state issues on the agenda
  • Pakistan to open Kartarpur corridor on Nov 9
  • Rajeev Kumar, ex-police commissioner of Kolkata and wanted for questioning in the Sarada scam does not appear before the CBI despite the state administration requesting him to do so
  • Supreme Court asks the Centre to restore normalcy in J&K but keeping national interest in mind
  • As Trump accepts the invitation to attend a programme in Houston with PM Modi, India rushes to settle trade issues with US
  • After drone attack on Aramco's Suadi Arabia facility, oil prices jump 19% in intra-day trading causing worries for India
  • Imran Khan raises nuclear war bogey again, says if Pakistan loses a conventional war, it might fight till the end with its nuclear arsenal
Sunni Wakf Board and Nirvani Akhara write to the Supreme Court for a negotiated settlement to the Ayodhya dispute
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Reservations: Leave the Judiciary Alone

By Sunil Garodia

About the Author

Sunil Garodia Editor-in-Chief of indiacommentary.com. Current Affairs analyst and political commentator. Writes for a number of publications.
In a recent speech in UP, Nitish Kumar demanded reservation for dalits in the judiciary. He said that “the current reservation policy and the one envisaged by Babasaheb Ambedkar trace its origin to Chhatrapati Shahuji Maharaj. However, much needs to be done and achieved. We have miles to go. The 'bahujans' must get reservation in every field and sector including the judiciary.” While Nitish did not go on to elaborate on this, it was not an off the cuff remark and one is sure a lot would be heard about it in coming days.

In a bid to win the support of dalits before the UP elections, Nitish has made a grave error. Despite the political necessity for affirmative action, there are some areas where merit has to rule. Judiciary is one such area. Indian judiciary is known for its independence and is a strong pillar of support to the citizens against the arbitrary and highhanded decisions of the political, bureaucratic and business classes. Hence, all attempts to politicize it should be strongly resisted.

As it is, there is an ongoing tussle between the government and the Supreme Court over the right to appointment of judges to high courts and the Supreme Court. The apex court had already rejected the NJAC and reverted to the collegiums system. But the government has been sending back suggested names. This has created a situation where justice is suffering due to huge vacancies in high courts. If an element of reservation is introduced to further politicize the process, there will be a complete breakdown.

Dalits or other socially disadvantaged persons can be handheld only this far and no further. This far in case of India means till higher education. When there is an element of competition for jobs which help in governing the country, even a 5% relaxation of marks for candidates citing affirmative action is regressive and should not be tolerated. If a disadvantaged person cannot compete with his peers on equal terms despite having been provided with free education and admissions to elite institutions on relaxed norms, he is not worth to be employed. The best should be employed to run the nation or its judiciary. If dalits can make it on merit, they are most welcome. But neither reservation nor relaxed norms should be allowed for judicial posts.