Kshetrajna

An attempt to know, understand (and ultimately, transform) that which occurs on the fields of play - India (her politics, media, music) and beyond ...

Wednesday, January 04, 2006

Supreme Court quashes Andhra Govt.'s job quota for Muslims!

In a welcome move, the Supreme Court of India upheld the decision of the Andhra Pradesh High Court to strike down the legislation that provided a quota for Muslims!
The Hindu, meanwhile uses legal terms to confuse the readers on what the Supreme Court did, headlining the article "Quota for Muslims case for Constitution Bench".

New Delhi: The Andhra Pradesh Government suffered a setback on Wednesday with the Supreme Court refusing to stay the operation of the judgment of a full Bench of the High Court, which struck down the legislation providing for a five per cent quota for Muslims in public appointments and admissions to educational institutions.

A three-judge Bench comprising Chief Justice Y.K. Sabharwal, Justice C.K. Thakker and Justice R.V. Raveendran said: "We are not inclined to stay the operation of the impugned judgment and make operational a law, which has been invalidated by the High Court."


What prompted the Congress party to go in for this blatantly discriminatory legislation?

Senior counsel K. Ramakrishna Reddy, who also appeared for the students, said the law was enacted pursuant to a Congress "election promise." The Government went ahead with reservation for Muslims though earlier attempts failed.


Meanwhile, Y. Samuel R. Reddy, Congress Chief Minister, is determined to not let the High Court and Supreme Court rulings come in the way of his prejudices, see Guarded reaction by Chief Minister!

Reacting to the news, he said: "I just came to know that the issue was struck down. That is all. Let the Government go through the copy of the judgment. We will explore further ways and means."


Our friend in staunchly-secular-because-they-are-a-Muslim-party MIM provides a suggestion to Samuel Reddy.

[Majlis Ittehadul Muslimeen (MIM)] Party's floor leader in the Assembly, Akbaruddin Owaisi, asked the Congress to take up the question of Constitutional amendment providing reservations to Muslims at its plenary here.


Yeah, that's the right attitude: if something is UNCONSTITUTIONAL, make it constitutional by amending the constitution! This is Indian democracy in action: learn from it, dear readers!

I also don't like the Supreme Court when it granted a limited relief, ordering that admissions already made or public appointments made by the Government be not disturbed.

This is not the first time - even recently, when it ruled on the UPA government's dissolving the Bihar assembly and calling for elections, the Supreme Court said that though the decision was UNCONSTITUTIONAL, they wanted the elections to go ahead! What's the logic?

[How can we have a Prime Minister and a President continuing in office despite the Supreme Court ruling their acts unconstitutional? Don't the PM and President take an oath to uphold the constitution? More examples of Indian democracy!]

[Update: In this online report, The Hindu still doesn't talk straight, headlining it "Apex court upholds HC order on Andhra Muslim quota"]

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