oppn parties Reservations: Leave the Judiciary Alone

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  • University vice-chancellors in West Bengal decide not to hold final-year examinations despite UGC prod, will instead go by the state government advised 80-20 formula where 80% will be marked on performance in past semesters and 20% on internal assessments in the final semester
  • The Centre wants the ITI and other top Indian firms to bid for 5G as Chinese firms Huawei and ZTE are not likely to be allowed to participate
  • India and China agree on total disengagement to return to peace ahead of the next round of military talks
  • The Supreme Court allows delivery of summons and notices via WhatsApp and email, but questions remain on proof of actual receipt
  • National Investigation Agency says the proceeds from the Kerala gold smuggling case could have been used for terrorist activities
  • Four Maoists shot dead in Valmiki Tiger Reserve in Bihar
  • Despite localized lockdown, Covid cases continue to rise at an alarming rate in West Bengal. Newer areas brought under containment zones in Kolkata
  • ICSE, ISC results declared, Average scores in the English paper, 20% lower this year than the average in most years, pulls down the aggregate for most candidates
  • IIP contracts by 35% in May. Manufacturing goes down by 39.3%
  • Row erupts over CBSE's decision to reduce the syllabus by 30% this academic year due to the disruption caused by the pandemic. Experts say several lessons that the ruling dispensation does not like are being removed
  • Gangster Vikas Dubey's nephew killed in an encounter by UP police who also pick up his key aide Raju Khullar and his son Adarsh
  • MHA sets up an inter-ministerial committee to probe the alleged financial misdeeds of three trusts linked to the Gandhi family
  • Actor Jagdeep, most famous for his Soorma Bhopali act in Sholay, passes away
  • Pakistan says Kulbhushan Jadhav has declined to file a review petition and will stick to his mercy plea. India calls it a farce
  • India to keep a strict vigil to confirm that the Chinese are abiding by the deal on the pullback at the LAC
The plot thickens in Rajasthan. Sachin Pilot removed as deputy chief minister and PCC chief. His loyalists dropped as ministers.
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Reservations: Leave the Judiciary Alone

By Sunil Garodia
First publised on 2016-07-29 19:46:07

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.