Well I am not in favor of increasing the quota but I also don't support the way Judiciary these days is intervening in the functioning of government in India. Well I am not a Constitution expert but I have some concerns. When the whole parliament approved the QUota bill, bench of 7 judges has put the stay on the bill. What I feel is that Judiciary of any country is supposed to follow the constitution not to amend the constitution. It's the parliament who is supposed to ammend it. But it looks like Supreme court Judges thinks that they are the Government.
If Supreme court starts intervening in Parliamentary affairs then it's a sign of worry for a healthy democracy.
Parliament should made the constitution and law enforcement agencies including judiciary should ensure that it's being implemented correctly and no section of society can misuse it.
If parliament makes a wrong judgement then we have President who should intervene. But once President gives his approval then Judiciary shouldn't dare to change it.
For the quota row...There is no law which says that if the quota percentage needs to be increased then govt. needs to first do the survey...ideally it makes sense that govt. should have done the survey. It is also very necessary since the last survey was done in 1931. Since then more number of castes has been added in the OBC list but none has been removed. I am sure that there must be some castes who doesn't need to be in OBC. Also govt. should consider reviewing the SC/ST reservation policy. Tribal states like Arunachal Pradesh and Mizoram for e.g. has majority of tribal population above the poverty line. Yes there should be backward area quota.
But whatever, if the govt. decided not to conduct any survey then there should be a democratic way to oppose such decisions. Ghandhi Ji used the democratic way of opposing any government decisions of that time and that's what we should do.
But Judiciary intervention in the functioning of parliament is a serious threat. They are also human being and everyone has ego as well as personal likes and dislikes. Their judgement might be biased, may be these judges are against the OBC's?
My only issue is that Judges are not entitled to write the law, they are just there to follow the law. If they have their opinion, leave the job and join politics. Because that's where one gets the authority to make the law.
Member of Parliaments are representing the people...and they are directly answerable to the government. Judges are not directly answerable to the people. They are answerable to the parliament. Yes it's true that today criminals have entered in the parliament. But they are there because our LAW allows them to.
Supreme Court Judges instead of interfering in the functioning of government should do some work to make a good impression of Judiciary in the minds of millions of India. It's no denying fact that there is a wide range of corruption in the Judiciary all across India. Supreme Court Judges should try to find out a resolution for that.
If the law says that government needs to take a caste based survey done before increasing the quota then i will welcome the Supreme Court Judgement. But this is not the case.
As an Indian I do feel shame as well as Government should feel shame that after 60+ years of Indepenence there is still a need to give reservation to certain caste because they are still backward. To me all the Government's since 15th Aug 1947 has failed. Reservations should be reviewed from time to time. Also without providing the basic infrastructure how does the govt. thinks that more number of OBC's/SC/ST's will be able to utilise the benefit of quota system. Just increasing the seats in higher education is not going to resolve the problem. Govt. should work on a plan based on the number of population and set a target that in next 50 or 100 years there will be social equality in Indian Society and there won't be any need of reservation.
For AIIMS Students who are critical and very vocal against the govt. reservation policy, aren't they getting benefit of reservation in PG being AIIMS Student? Is that fair?
Some states doesn't have engineering colleges and some has more than 10. Being an Indian is it fair that the students of Arunachal Pradesh has very limited option and has to go through stiff competition just because there is no engineering or medical college in their state?
This is a separate topic for discussion. Here I just want to voice my anger with the functioning of Supreme Court Judgement.
