Remove Reservations, Provide Education, Self Employment
Remove Reservations, Provide Education, Self Employment
The Constituent Assembly in their discussions of 1949 set a relaxed teething time of TEN years for providing after these Ten years , the Essentially Necessary Educational and Healthcare provisions to those Backward Classes and weaker sections particularly the S.C., S.T. through article 46 and 47 in support of 41 read with 21. Article 15[4] was added in 1951.
A.Truly Castes were penetrated only by Selfish Politicians for their out of way Vote Bank Unconstitutionally AND it has taken Lives in 81, 85, 90, Stands Challenging article 14, 21, questioning 16, 15, 46 and 41. These Articles had Specifically mentioned Castes of S.C./S.T. , Backward Classes and Weaker Sections .
This is why, S.C. [AIR 1963 SC 649] directed to delete Creamy layer assessing every 5 years to address the real poorest of the poor still deprived from their legitimate right. And , majority Bench of Supreme Court also confined that Creamy layer shall be fixed and removed from provisions of Reservations in the year 1992-93 and , AIR 1972 SC 1375 is also relevant.
Sri Nani A. Palkhiwala saying that " on the ground that it will revive casteism which the Constitution emphatically intended to end , quoted Dr. Ambedkar's words who also was opposed to caste consideration in matters of reservation " . This is cognizant with the intention of Specific words and Particular Names used in the Constitutional Articles referred above .
B. It is true that “ Caste may be a relevant factor but it cannot be the sole test for ascertaining whether a particular caste is a backward class or not. Poverty, occupation, place of habitation may all be the relevant factors to be taken into consideration. “ and require definitely a Study on the ground realities of Families .
In this connection, the below referred S.C. Judgment becomes the sole, objective and concept of Reservations & Relaxations to such Classes .
AIR 1963 SC 649 ..” It does not mean that once a caste is considered backward class then it should continue to be backward for all the time. The Government should review the test and if a class reaches the state of progress where reservation is not necessary it should delete that class from the list of the backward Classes “
C. i] Article 16 guarantees equality of opportunity in matters of appointment in State Services . It does not, however, prevent the State from prescribing the necessary qualifications and selective tests for recruitment for Government services . The qualifications prescribed may, beside mental excellence , include physical fitness , sense of discipline , moral integrity , loyalty to the State . The character and antecedents of candidates may be taken into consideration for appointments in Government Services while observing reasonable ground and nexus between the qualifications and the object that is , the post or the nature of the Service . And So , IT IS THE ISSUE OF SKILL IN THE PUBLIC ADMINISTRATION TOO . [ AIR 1956 SC 520 ]
ii ] Article 16 [4] must be interpreted in the light of Article 335 which says that the claims of the Scheduled Castes and the Scheduled Tribes shall be taken into consideration consistently with the maintenance of efficiency of administration. The reservations for backward classes should not be unreasonable. It should be considered having regard to the employment opportunities of the general public . [ AIR 1972 SC 1375 ]
iii ] In 1985 S.C. in the case: AIR 1985 SC 1495 directed :-
1. The Reservation in favour of the SCs. and STs. must continue as at present that is, without application of a means test. for a further period of 15 years . Another 25 years will make it 50 from the commencement of the Constitution , a period reasonably long for these classes to overcome the baneful effect of social oppression , isolation and humiliation ;
2. the means test, that is, the test of economic backwardness ought to be applicable even to the SCs. and STs. after 15 years { after 2000 AD } ;
3. so far other backward classes are concerned two tests should be applied :-
a. that they should be comparable to the SCs. and STs. in the matter of their backwardness ;
b. that they should satisfy the means test such as the State Government may lay down, in the context of prevailing economic conditions ;
4. the policy of reservations in employment , education and legislative institutions should be reviewed every five years or so. This will afford an opportunity to the State to rectify distortions arising out of particular facts of the reservation policy .
D. It is true that there had been majority people suffering from lack of Earning opportunities / Facilities in all the States . Reservations creates lot of resentment amongst persons who are denied and thereby effects efficiency in the administration . Besides , it is usual , Politicians can take undue advantage and create disharmony and dissensions amongst members of different classes of Society and this would not be in the interest of the Nation .
The whole policy of Reservations is in fact a politically motivated policy coming down from British days at the divide and rule policy . It is against the interest of the Nation and it can only be desired by those vested interests who wish to see people fighting each other ; can never get educated to Earn reasonable income ; and ever depend on the Communities and be the never-ending Vote Bank of Politicians .
E. What exactly is needed to strengthen the Economic status of people is :-
i. Education ..... ii. Self Employment Facilities .....
iii. Industrial and Infrastructural Development providing People irrespective of their Caste, Religion, Race etc., necessary Loans on Cottage , Micro and Small Scale Industrial Promotion THROUGH DISTRICT DEVELOPMENT COUNCILS.
iv. Creating Employment Facilities increasing Medium and Large Scale Industries providing Industrial and Livelihood Infrastructure mandating every State .
THE FIFTY YEARS SPECIAL RESERVATIONS ALREADY OVER, LEAD AND RESULTED IN MISUSE STATURE ON GROUND . MANY FAMILIES BECAME MILLIONAIRES AT THE COST OF MANY FAMILIES BEING STILL DEPRIVED AND STRIVING .
F. What exactly needed to guard and improve National Economy is :-
i. Arrest of misuse of Government and Public Funds by Financial Institutions , NGOs and , the Banks .
ii. Arrest of misappropriation and misuse of Government Funds and Finances starting from PDS items to Grants , Subsidies, Reliefs and, the Loans .
iii. Arrest of mismanagement of Govt. Funds, Assistances and pensions .
iv. Arrest of misuse/mis-allocation/Robbery of Natural Land Treasure and Forest Produce of States and Nation .
v. Arrest mismanagement, misappropriation and Evasion of Taxes mandating Bank Through Transactions for all Sales, Purchases, Professional and other Charges, Feeses etc., above Rs.199/- and other Payments like advances, loans , gifts etc., above Rs.2,000/-
vi. Restrict Purchase of Houses/ Flats to ONLY TWO per Family and or ONE PER SPOUSE .
vii. Strictly conduct Resurvey and Settle the Lands and Landed Properties AND, compare Ownerships of Lands with BOTH THE REVENUE RECORDS as well as the Titles Registered with the Registrar of Stamps and Duties .
Identify Excess holdings of Lands as per the Laws in Force and Seize them to use for public and government purposes OF SCHOOLS, HOLSPITALS, PLAY GROUNDS, BURIAL GROUNDS, TANKS AND RESERVOIRS .
The Huge Extent of Lands could be utilized to Exchange the same with that of Public whenever their Lands are needed for Acquisition for USE OF LIVELIHOOD AND INDUSTRIAL INFRASTRUCTURAL ACTIVITIES . more
The Constituent Assembly in their discussions of 1949 set a relaxed teething time of TEN years for providing after these Ten years , the Essentially Necessary Educational and Healthcare provisions to those Backward Classes and weaker sections particularly the S.C., S.T. through article 46 and 47 in support of 41 read with 21. Article 15[4] was added in 1951.
A.Truly Castes were penetrated only by Selfish Politicians for their out of way Vote Bank Unconstitutionally AND it has taken Lives in 81, 85, 90, Stands Challenging article 14, 21, questioning 16, 15, 46 and 41. These Articles had Specifically mentioned Castes of S.C./S.T. , Backward Classes and Weaker Sections .
This is why, S.C. [AIR 1963 SC 649] directed to delete Creamy layer assessing every 5 years to address the real poorest of the poor still deprived from their legitimate right. And , majority Bench of Supreme Court also confined that Creamy layer shall be fixed and removed from provisions of Reservations in the year 1992-93 and , AIR 1972 SC 1375 is also relevant.
Sri Nani A. Palkhiwala saying that " on the ground that it will revive casteism which the Constitution emphatically intended to end , quoted Dr. Ambedkar's words who also was opposed to caste consideration in matters of reservation " . This is cognizant with the intention of Specific words and Particular Names used in the Constitutional Articles referred above .
B. It is true that “ Caste may be a relevant factor but it cannot be the sole test for ascertaining whether a particular caste is a backward class or not. Poverty, occupation, place of habitation may all be the relevant factors to be taken into consideration. “ and require definitely a Study on the ground realities of Families .
In this connection, the below referred S.C. Judgment becomes the sole, objective and concept of Reservations & Relaxations to such Classes .
AIR 1963 SC 649 ..” It does not mean that once a caste is considered backward class then it should continue to be backward for all the time. The Government should review the test and if a class reaches the state of progress where reservation is not necessary it should delete that class from the list of the backward Classes “
C. i] Article 16 guarantees equality of opportunity in matters of appointment in State Services . It does not, however, prevent the State from prescribing the necessary qualifications and selective tests for recruitment for Government services . The qualifications prescribed may, beside mental excellence , include physical fitness , sense of discipline , moral integrity , loyalty to the State . The character and antecedents of candidates may be taken into consideration for appointments in Government Services while observing reasonable ground and nexus between the qualifications and the object that is , the post or the nature of the Service . And So , IT IS THE ISSUE OF SKILL IN THE PUBLIC ADMINISTRATION TOO . [ AIR 1956 SC 520 ]
ii ] Article 16 [4] must be interpreted in the light of Article 335 which says that the claims of the Scheduled Castes and the Scheduled Tribes shall be taken into consideration consistently with the maintenance of efficiency of administration. The reservations for backward classes should not be unreasonable. It should be considered having regard to the employment opportunities of the general public . [ AIR 1972 SC 1375 ]
iii ] In 1985 S.C. in the case: AIR 1985 SC 1495 directed :-
1. The Reservation in favour of the SCs. and STs. must continue as at present that is, without application of a means test. for a further period of 15 years . Another 25 years will make it 50 from the commencement of the Constitution , a period reasonably long for these classes to overcome the baneful effect of social oppression , isolation and humiliation ;
2. the means test, that is, the test of economic backwardness ought to be applicable even to the SCs. and STs. after 15 years { after 2000 AD } ;
3. so far other backward classes are concerned two tests should be applied :-
a. that they should be comparable to the SCs. and STs. in the matter of their backwardness ;
b. that they should satisfy the means test such as the State Government may lay down, in the context of prevailing economic conditions ;
4. the policy of reservations in employment , education and legislative institutions should be reviewed every five years or so. This will afford an opportunity to the State to rectify distortions arising out of particular facts of the reservation policy .
D. It is true that there had been majority people suffering from lack of Earning opportunities / Facilities in all the States . Reservations creates lot of resentment amongst persons who are denied and thereby effects efficiency in the administration . Besides , it is usual , Politicians can take undue advantage and create disharmony and dissensions amongst members of different classes of Society and this would not be in the interest of the Nation .
The whole policy of Reservations is in fact a politically motivated policy coming down from British days at the divide and rule policy . It is against the interest of the Nation and it can only be desired by those vested interests who wish to see people fighting each other ; can never get educated to Earn reasonable income ; and ever depend on the Communities and be the never-ending Vote Bank of Politicians .
E. What exactly is needed to strengthen the Economic status of people is :-
i. Education ..... ii. Self Employment Facilities .....
iii. Industrial and Infrastructural Development providing People irrespective of their Caste, Religion, Race etc., necessary Loans on Cottage , Micro and Small Scale Industrial Promotion THROUGH DISTRICT DEVELOPMENT COUNCILS.
iv. Creating Employment Facilities increasing Medium and Large Scale Industries providing Industrial and Livelihood Infrastructure mandating every State .
THE FIFTY YEARS SPECIAL RESERVATIONS ALREADY OVER, LEAD AND RESULTED IN MISUSE STATURE ON GROUND . MANY FAMILIES BECAME MILLIONAIRES AT THE COST OF MANY FAMILIES BEING STILL DEPRIVED AND STRIVING .
F. What exactly needed to guard and improve National Economy is :-
i. Arrest of misuse of Government and Public Funds by Financial Institutions , NGOs and , the Banks .
ii. Arrest of misappropriation and misuse of Government Funds and Finances starting from PDS items to Grants , Subsidies, Reliefs and, the Loans .
iii. Arrest of mismanagement of Govt. Funds, Assistances and pensions .
iv. Arrest of misuse/mis-allocation/Robbery of Natural Land Treasure and Forest Produce of States and Nation .
v. Arrest mismanagement, misappropriation and Evasion of Taxes mandating Bank Through Transactions for all Sales, Purchases, Professional and other Charges, Feeses etc., above Rs.199/- and other Payments like advances, loans , gifts etc., above Rs.2,000/-
vi. Restrict Purchase of Houses/ Flats to ONLY TWO per Family and or ONE PER SPOUSE .
vii. Strictly conduct Resurvey and Settle the Lands and Landed Properties AND, compare Ownerships of Lands with BOTH THE REVENUE RECORDS as well as the Titles Registered with the Registrar of Stamps and Duties .
Identify Excess holdings of Lands as per the Laws in Force and Seize them to use for public and government purposes OF SCHOOLS, HOLSPITALS, PLAY GROUNDS, BURIAL GROUNDS, TANKS AND RESERVOIRS .
The Huge Extent of Lands could be utilized to Exchange the same with that of Public whenever their Lands are needed for Acquisition for USE OF LIVELIHOOD AND INDUSTRIAL INFRASTRUCTURAL ACTIVITIES . more
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In the last week, in a T.V.Channel debate, a Community leader furiously denying and defying Dr. Ambedkar's Comments , staged that they will fight , staging all means even to amend the Laws for Reservations to increase and , Continue . Our Politically Ruling Legislators since 1980s grossly defying directions of Supreme court Since 1963, 72, 85, 87 and even in 90s on the issues of Reservations, shall not be Unjustified , AND , Merit, the only means of National and Peoples Economy to sustain though not grow . Present Status of Union and States if set for analysis referring the Black Money , increasing Concealed Wealth , ONE FAMILY HOLDING 3 TO 6 GOVT. RESERVATION JOBS cheating the same right of others of most deserving poor which was also commented by Supreme Court in 1963, 1985, 1987 and 1992-93. more
Jul 18
This is only Justified method while Ex.PM Indira Gandhi staged ONE JOB ONE FAMILY . But, ill full politicians and Selfish Political Parties then voted for rejection AND IS RESULTED IN 3 TO 6 JOBS IN A FAMILY UNDER RESERVATION QUOTA . S.C. ALSO SLEPT . President of the Nation also could not opt to refer the matter to Supreme Court . more
Jul 18
