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It is the duty of the judiciary, laid upon it by the Constitution, to question, or if required, strike down the unconstitutional laws. In fact, 100 laws have been so declared between 1950 and 2000.
In India the Supreme Court has, as in America, not only the right but also the duty to review laws passed by the Parliament and declare invalid those violating constitutional principles and provisions.
The Parliament is not infallible. In the Emergency, it was clearly wrong in amending the constitution, as it had to reverse its own amendments.
Leaving aside the recent Supreme Court stay order let us test the issue on the basis of principle. Let us suppose that the percentage of reservation based on arbitrary grounds is further stretched to, say, 77 per cent and if the court finds that the hypothetical 77 per cent reservation violates the fundamental right of equality, should the Supreme Court fold its hands in despair and refuse to interfere because the majority of politicians and several political parties are insistent about it?
It is important to decide who the OBCs are today and not who they were 75 years ago. It is also important to decide whether class is completely synonymous with caste.
It is necessary to check whether backwardness of OBCs in 2007 is the result of 5,000 years of tradition, or whether it is creation of 50 years of education mismanagement?
Article 340 talks about existing backwardness not historical backwardness.
The judgment on Indra Sahni got total acceptance from the political class. But when the creamy layer issue comes, the very judgment become irrelevant. The hypocrisy cannot be more blatant.
IS IT FAIR TO GIVE RESERVATION TO THE SON OF A MINISTER AND DENY TO THE SON OF A LABOURER?
Youth For Equality spearheaded widespread unrest across the country to oppose the illogical and unscientific OBC reservation policy. The Parliament and Political Parties were strangely apathetic towards the demands of Youth For Equality. It was this time that the YFE leadership decided to approach the Supreme Court through various petitions covering all the issues to challenge the political motives of the Parliament. YFE's Judicial Activism started just after the historic hunger strike at the AIIMS, New Delhi.
YFE representatives met nearly 700 dignitaries which includes members of Mandal Commission (2nd Backward Classes Commission) and Kaka Kalelkar Commission (1st Backward Classes Commission) to build up the cases against the OBC reservation policy of the Government. All the senior lawyers of legal profession were contacted by YFE representative to convince them to take our cases at the Supreme Court. YFE representatives are constantly tracking the developments and operating accordingly. YFE have filed five petitions through different organizations and individuals covering all aspects of Reservation at the Supreme Court.
- On 1st of December 2006 we have filed a petition no. 269/2006 in the name of RDA, AIIMS & RDA, MAMC Vs. Union of India challenging the caste based reservation through Adv. Sushil Kumar Jain
- On 11th of January 2007 we have filed the second petition no. 29/2007 in the name of Prof. P.V. Indiresan & Others (JNU, DU and NLSUI)Vs. Union of India challenging the 93rd constitutional amendment through Adv. Indu Malhotra
- On 12th of January 2007 we have filed another petition no. 35/2007 in the name of Youth for Equality Vs. Union of India challenging the OBC reservation through Adv. M.L. Lahoty.
- On February 20th a petition has been filed in the name of All India Equality Forum Vs. Union of India through Sushil Kumar Jain.
- On 25th of April another petition have been filed in the name of Citizen for Equality Vs. Union of India by Ad. Subramaniam Prasad challenging several aspects of present reservation policy.
The long and strenuous efforts of Youth For Equality paid off when all the Senior and learned advocates of India agreed to fight the case at the Supreme Court. Senior Advocates Mr Harish Salve ,Mr. Fali Nariman ,Mr Mukul Rahtogi, Mr P.P. Rao , Mr Ashok Desai, Mr Rajeev Dawn, and Mr Venugopal are pleading on behalf of Youth For Equality in the Supreme Court.
For more information:
Telephone Us: 011-46081209, 011-64598338, 91-9891155057, 91-9868340420
Email Us: info@youthforequality.com
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