Order may trigger judiciary, legislature stand-off
In what could trigger a confrontation between the judiciary and legislature, the Supreme Court on Monday asked the government to place before it the report of Parliament’s Standing Committee, which is mandated to examine the bill for providing 2...
By Sanjay K Singh, TNN |
NEW DELHI: In what could trigger a confrontation between the judiciary and legislature, the Supreme Court on Monday asked the government to place before it the report of Parliament’s Standing Committee, which is mandated to examine the bill for providing 27% reservation for OBCs in centrally-funded educational institutions. The court also sent out a don’t-put-the-cart-before-the-horse warning to the government said the policy was formulated without collecting proper data on OBCs.
“You announce the policy without full data. You play the game first without the rule in place,” said a SC bench comprising Justice Arijit Pasayat and Justice LS Panta. This is seen as a strong disapproval of the Centre’s reluctance to collate proper data on the quantum of OBCs.
In what could anger the politicians, who have been complaining about judicial activism, the court asked the government to place the report of the standing committee in a sealed cover. Although the court did not say that the report should be filed before the court prior to it being placed in Parliament, the direction for putting it in sealed cover gave the impression that the court wanted to assess it before it is being made public.
The bench in its order also said that Parliament is requested not to take any steps regarding its implementation until the issue is examined by the court. But additional solicitor-general Gopal Subramanium assured that nothing will be done as no law is in existence on the issue. The ASG requested the bench to delete it which the bench did.
The court also pulled up the government for keeping a mum on the extension of such benefits to the members of ‘creamy layer’ within the OBCs. “The Centre has preferred not to mention the important issue of ‘creamy layer’ in its affidavit which according to the Indra Sawhney judgement in the Mandal case was to be kept away from the scope of reservation,” the court said.
The ASG said a bill on the subject was introduced in Parliament on August 24 which was referred to the standing committee and its report was likely to be placed in the winter session. The matter was now in the domain of the Parliament and standing committee and no remarkable progress was going to take place, said Mr Subramanium.
If the matter was listed before November 27, the day of commencement of the winter session, the court could be apprised of the development, he said. Taking this argument into consideration, the court posted the matter for further hearing on December 4.
“You announce the policy without full data. You play the game first without the rule in place,” said a SC bench comprising Justice Arijit Pasayat and Justice LS Panta. This is seen as a strong disapproval of the Centre’s reluctance to collate proper data on the quantum of OBCs.
In what could anger the politicians, who have been complaining about judicial activism, the court asked the government to place the report of the standing committee in a sealed cover. Although the court did not say that the report should be filed before the court prior to it being placed in Parliament, the direction for putting it in sealed cover gave the impression that the court wanted to assess it before it is being made public.
The bench in its order also said that Parliament is requested not to take any steps regarding its implementation until the issue is examined by the court. But additional solicitor-general Gopal Subramanium assured that nothing will be done as no law is in existence on the issue. The ASG requested the bench to delete it which the bench did.
The court also pulled up the government for keeping a mum on the extension of such benefits to the members of ‘creamy layer’ within the OBCs. “The Centre has preferred not to mention the important issue of ‘creamy layer’ in its affidavit which according to the Indra Sawhney judgement in the Mandal case was to be kept away from the scope of reservation,” the court said.
The ASG said a bill on the subject was introduced in Parliament on August 24 which was referred to the standing committee and its report was likely to be placed in the winter session. The matter was now in the domain of the Parliament and standing committee and no remarkable progress was going to take place, said Mr Subramanium.
ADVERTISEMENT
If the matter was listed before November 27, the day of commencement of the winter session, the court could be apprised of the development, he said. Taking this argument into consideration, the court posted the matter for further hearing on December 4.
Meanwhile, the Scheduled Caste, Scheduled Tribe Medical Association, moved an application complaining that the apex court order of July 17 by which the protesting doctors were ensured salary for their period of strike, has encouraged the doctors to resort to such measures.
The Associations’ counsel Prashant Bhushan said government should be restrained from paying salaries to the doctors resorting to such strike. It was giving an impression that it was protecting the striking medicos, said Mr Bhushan. However, the court, which did not pass any order on the application, told the counsel that he has misread the essence of the order. Responding to the allegation by the Association that some signal was given to the striking doctors, the Bench said its order was based on the assurance given by the government to the students.
Download
The Economic Times Business News App for the Latest News in Business, Sensex, Stock Market Updates & More.
The Economic Times Business News App for the Latest News in Business, Sensex, Stock Market Updates & More.
Download
The Economic Times News App for Quarterly Results, Latest News in ITR, Business, Share Market, Live Sensex News & More.
The Economic Times News App for Quarterly Results, Latest News in ITR, Business, Share Market, Live Sensex News & More.
ADVERTISEMENT
