Urge to Central Ministry on Amendment of Reservations
Honouring Constitutional Provisions in true mandate Amendment to Reservations to include justified conditions without depriving the REALLY DESERVING POOR. [1] One Job for One Family mission of Ex PM Smt. Indira Gandhi will address many Families rather than befitting many of the same Family. [2] Classes specified in Reservation Articles shall replace Castes carried. [3] Economic Status Exempted in Income Tax shall be the base of to declare under Backward Classes. [4] Income based Review shall mandate deletion of Reservation Provision for generation of that Family. [5] Following S.C. Judgments shall be Statutorily enforced.
[Article 16 [4], 15 [4], 46 and, 340 though specified Classes, wrongly Castes were opted at Political interest which has been as warned by Dr. Ambedkar creating jealousy, antipathy and rivalry.]
A.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 “
B. 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 15 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 .
Honour of Constitution is adherence, implementation and enforcement of Constitutional Mandates in true concept and correct objective please. more
[Article 16 [4], 15 [4], 46 and, 340 though specified Classes, wrongly Castes were opted at Political interest which has been as warned by Dr. Ambedkar creating jealousy, antipathy and rivalry.]
A.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 “
B. 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 15 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 .
Honour of Constitution is adherence, implementation and enforcement of Constitutional Mandates in true concept and correct objective please. more
Viewed by 31
Reservations Article 16 [4] Provision for the reservation of appointments or posts in favour of any backward class of citizens which, in the opinion of the State, is not adequately represented in the service under the State. Importance is that - this Article though did not mention S.C./S.T., or weaker sections, certainly do not exclude these Classes from this rightful provision. The important aspect ‘not adequately represented in the service’ do not confer the meaning of ‘proportionately represented’. Recognition to Opposition Party in the House of people is set at 10% and shall be construed that even 10% will hold good in participation of the Authority. This is why, Dr. Ambedkar confined that Reservations shall be only 30% and that how much less is the best to the Nation. Dr. Ambedkar fully knew about the Castes, Classes, Sections and races existing and his concept of National interest and integrity is to be so understood. A.Article 338 is purposed National Commission for S.C./S.T. for planning of socio-economic development analysing annually. Article 335 adopted provision of S.C./S.T. to services and posts subject to maintenance of efficiency of administration. Scheduled Areas and connected environmental conditions are such to be ever protected. B.Article 46 mandated for promoting with special care the educational and economic interests of weaker sections and in particular, S.C./S.T. This preferred weaker sections i.e., various castes and races and called for particular attention towards educational and economic interests of the S.C./S.T. C.Article 15 {4} Mandates special provisions for the advancement of any socially and educationally backward classes of citizens or for the SC/ST . [It is different from Article 338 wherein socio-economic development of the area is mandated] Article 340 National Commission to investigate the conditions of backward classes for making special provisions to socially and educationally backward classes of Citizens. These 2 Articles purposefully mandates special provisions to all those socially and educationally backward classes irrespective of Castes, Communities that were addressed through Article 46, 338 ; as well as the Article 16 [4] . Article 16 [4] though did not mention S.C./S.T., or weaker sections, certainly do not exclude these Classes in its true concept from this rightful provision because the very Importance is given to Backward Classes of Citizens either socially or economically or educationally keeping in view the Preamble Guarantee of the Constitution and, Article 14, 37, 38 {2} . It is not the issue of Forward Castes or Backward Castes. It is the issue of all the Classes, Sections including SC/ST which include Castes, Sects, races and sex that took active part in Freedom Struggle , QUIT INDIA MOVEMENT , for getting Independent Rule to this Country and thus to be construed forever. With this concept only, the Rule in the Nation and the Individual States was so mandated legitimate participation of Backward Classes of Citizens too. Thus, irrespective of richness and Forwardness, socially, educationally, economically, geographically {SC/ST} backward classes were also made compulsory in participation of the Rule KNOWINGLY THE EFFECT OF SELFISH POLITICAL RULE IN THE COUNTRY. And, it is not for befitting Jobs or Employment or, the Means of Livelihood. The issue of Reservations of Jobs under Article 16 [4] is different AND, THE ISSUES OF SPECIAL PROVISIONS of Articles 46, 338 are different. The issues of Article 340 and 15 {4} are different and the Provisions of Articles 38, 41, 45, 47, 48, 15{4}, 43 {A}, in support of Article 21, the Life Article are different please. more
Jan 09
Law & Litigation shall uphold Justice alone 1.Article 15,16,46,338,340 separately specified Castes AND Classes and shall be construed accordingly only. Castes opted leaving off Classes in Reservations on Jobs and Education. S.C. declared as unjustified in 1963, 85, 92. So, even against Constitutional objective 2.Reservations to rich and those possessing Properties, higher income and Adequate Means of Livelihood is just depriving and even confiscation from the deserving rights of Poor of the same Caste. 3.Reservations shall be at the object of One Job One Family to cater the Reservations to all deserving Families of Selected Classes. Befitting 2 and more Reserved Jobs to each opted Family or generations together is gross injustice to really economically backward Families totally and anti direction to Constitutional Objective. 4. Social Backwardness was set for 10 to 50 years and still extended. 5 Decades backing indeed more sufficient IF EDUCATION, Adequate Means of Livelihood of Article 38, 41, 45, 46 and, 15 [4] WERE PROMPTLY ENFORCED By States in true adherence of Constitutional mandates. 5.Vote Bank Politics of Political Parties shall be put to an end even by JUDICIARY mandating Constitutional mandates if President of India also cannot insist the States and the State for follow of Preamble Guarantees. Preamble of Indian Constitution guaranteed JUSTIFIED RULE for Justice : Social : Economic : Political and, each of these 4 mandated with different and specific Articles and Objective and Concept of these shall not be diluted, diversified or, misused. more
Jan 08
Constitutional Policy shall cater all Classes removing the issue of Castes mandating Merit in Quota System as confined by S.C. New Policy shall be: A. 5 Acres Land OR 8 Lakhs Income OR 1,000 Sq.Meters House Site in 'A' Category Cities/Areas 7 Acres Land OR 5 Lakhs Income OR 500 Sq.Meters House Site in 'B' Category Cities/Areas 10 Acres Land OR 2.5 Lakhs Income OR 200 Sq.Meters House Site in 'C' Category Cities/Areas SHALL BE LIMITED FOR ELIGIBILITY FOR RESERVATIONS B. Those who Fall under the above A, B, C Categories having Income below the the Level prescribed under PDS coverage are to be provided with relaxations of Age, Subsidies Concessions and Free Food and , Free Books. The other mandates of Rule differentiating Regions, States STAND AS BREAKERS OF RESERVATION POLICY. To be away from these clutches, the Proposed Reservation System shall condition in the lines explained above please. more
Jan 08
1,000 Sq.M. House Site in Urban Area ; 5 Acres Land OR 200 Sq.M. House Site in areas other than Urban Areas ; OR, 8 Lakhs income any where in the Indian Territory shall be the limit for considering Reservations. This if mandated for all Reservation Classes and S.C./S.T. Castes, will satisfy all and Justify the purpose of Reservations. But, Merit shall be mandated even in Quota as confined by S.C. Judgment. more
Jan 07
