Lokpal Law & Minority Reservation Politics- Prof R R Pillai

December 21 2013No Comments

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There are reports that the recently passed Lokpal Bill too contains reservation based on minority status. This is blatantly anti Constitutional. Earlier Andhra Pradesh too introduced quotas for Muslims whch was struck down by Courts. It has become a vote bank political nuisance game played before elections to appease the Muslims through some or other forms of religious quotas to garner votes.When later courts strike  down these  religion based quotas as anti Constitutional politicians  play victims and project to the minority that the courts are hindering the process of  welfare and proportional representation of minorities.

But the truth is courts can’t be blamed. If politicians want religion based quotas then Constitution must be amended. That’s lenthy process and politicians depending on minority vote banks for their survival are in a tearing hurry for a short cut  and behave like hit and run journalists who leave for the others to collect the debris and deal with once they have hit and absconded. Such Quotas are used to play this dirty game for votes.

State after state was indulging in this game of Muslim quota. Karnataka too has carved out reservation for backward Muslims from OBC quotas. In the last election in UP Muslim quota game turned so competetive that Congress promised 9% unconstitutional Muslim quota and Samajwadi Party beat it with a promise of 18%.

EC allowed this to happen though these promises  are ultra wires the Constitution. In india where majority of voters are not aware of niceties of law these illegal quota games  should be viewd by Election Commision during the process of elections as corrupt practice and curb  its expressions either in manifestos or in campaigns. It’s surely is not a  free and fair election when politicians are allowed to influence voting pattern on the basis of open voilation of Costitutional provisions.

And now the Congress led government at the centre too has played against the letter and spirit of Constitution of India by allowing this minority quotas, in whatever form, to get embedded in the Lokpal Bill. And introducing this minority reservation immediately after a drubbing in the Assembly elections in Delhi is to appease the minority brazenly even at the cost of Constitutional propriety.

The courts are bound to srike  down these Religion based minority quota as unconstitutional. But that will come much later. The Loksabha elections are due a few months from now and this minority quota  in the Lokpal  Law is aimed at garnering votes from the minority  in the interim of  ensuing elections and Courts decision forthcoming on minority quota. The deed is already done with a panache once again and this time the culprit is the Congress led government at the centre.

The members of the government are duty bound to uphold the letter and spirit of the Constitution. Constitution doesn’t allow quotas based on religion. This basic knowledge of Constitution cannot escape from the minds of the learned Lawmakers. Ignorance of Law is no excuse for ordinary mortals it is said. how can  the learned Lawmakers can escape this dictum.

Such open defiance of the highest Law, The Constitution Of India by the Lawmakers should not go unpunished. The ulterior motive behind embedding minority quotas in Law against the Constitution must be questioned without delay  and punished swiftly. The minority appeasement politics of Congress led government is brazen and dangerous for the unity and integrity of this country.

What’s the remedy now. Supreme Court must take Suo Motto action on this minority quota in the Lokpal and pull up the government for open defiance of Constitution. It must not only strike down the provision as very often it has done but should  punish the government of the day for an attempt to subvert the Constitution for petty political gains by misleading the gullible voters ignoring the letter and spoirit of Constitutional Law.

The SC must act swift and fast as Election for next government is just a few months away. If the present government is allowed to get away it will embolden for further  Constitutional subversion and Courts will be under ttrmendous pressure to uphold the spirit and letter of highest Law of  Land that has served our democracy well in hard times.

Politicians have failed to deliver and continue to play along in a blatant abusive manner against the spirit of Constitution in  one form or the other on minority quotas.Only SC can salvage else our Democracy is under severe threat of facing a conflict of majority vs minority of a voilent nature. We must not allow this at a time when India is dreaming big for all citizens of this country. Where politicians have failed Courts can’t fail us.Hope SC acts Swiftly. Time is running out.

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