Centre will go ahead, SC or no SC
The Supreme Court is hearing a PIL against 27 per cent reservations for OBCs and has asked medicos to call off their strike as the matter is sub judice. It may be mentioned that in the past also, the SC had given orders regarding sealing of premises of shops running in the residential areas. But the Government backed by all the political parties brought out legislation to undo the effect of the order. So, where is the guarantee it won't do the same?india Updated: Jun 01, 2006 19:24 IST
The Supreme Court is hearing a PIL against reservations for OBCs in the higher institutes of learning and has asked medicos to call off their strike as the matter is sub judice.
The Apex Court has assured the students that it would consider their case also and they should approach it for hearing of their case. However, the Court had asked the striking doctors to end their strike immediately so that patients may not suffer. The doctors are understood to have obeyed the Court's interim orders as the court's stand seems to be just.
However, it may be mentioned that in the past also, the Supreme Court had given orders regarding sealing of premises of shops running in the residential areas and removal of Jhuggi Jhonpri clusters, etc.
But the Government backed by all the political parties brought out legislation to undo the effect of the orders of the Apex Court. So, where is the guarantee that the Government which has the backing of all political parties will not undo the Apex Court's orders because of its and other political parties' vested interests to ensure votes in the elections?
Therefore, the Supreme Court must direct the Government to implement its orders in the case of striking medicos and not to indulge in legislation to undo what the court decides. However, under the Constitution of India, Government cannot be prevented to bring legislation in this regard. The Government has already brought legislation in cases like demolition of illegal structure and Shah Bano case etc. to undo the Court's orders.
It is also planning to undo the Court's orders regarding minority status of AMU.
In this connection, it may also be mentioned that the Legislature, Executive and Judiciary are the three basic organs of the state. Once they are well organised to function in the interest of the people as a whole, the common good of the nation is served and the country develops in stability and joy. The Constitution guarantees the independence of the judiciary but in a democratic system political power belongs to the people and whoever makes decisions in the country derives his/her authority from the people and is accountable to them.
In view of this, in my opinion, the Supreme Court can do nothing in the matter and ultimately, Government would press on with its legislation to provide reservations for OBCs in higher seats of learning. There had been confrontation, stalemates, deadlocks in the past also but the Legislature always had the last word.
First Published: Jun 01, 2006 19:24 IST