A Division Bench of the High Court of Andhra Pradesh on Monday struck down the office memorandum issued by the Central government creating a sub-quota for religious minorities from the existing 27 per cent reservation for the backward classes (OBC).
It may be recalled that just prior to the Uttar Pradesh Assembly elections, the Central government issued two separate orders declaring that the religious minorities would be given 4.5 per cent sub-quota from among the 27 per cent reservation existing for OBCs. This has been challenged by the Andhra Pradesh BC Welfare Association president R. Krishnaiah and others.
The Bench, comprising Chief Justice Madan B. Lokur and Justice P.V. Sanjay Kumar, declared that this action of the Central government was based upon religious lines and not on any other intelligible consideration. There was no rationale or empirical data to justify such an action, the Bench opined.
The Bench expressed deep anguish at the casual manner in which the issue was dealt by the Central government and said that it had exceeded Constitutional boundaries.
Muslims do not want any preferential treatment in education or employment. At the same time they do not want to be treated differently on the religious line in matters of crime, denial of justice, false implication in extremism, false encounters, social boycott, intimidation and religious bigotry. A society can not be uplifted by doles. Equal treatment without hatred is all that the Muslims expect from their majority Hindu brothers.
Affirmative Action is in the Statute books for over sixty years.It has served the purpose it was intended to serve by the constitution makers.It is high time reservations are scrapped stock, lock and barrel.
What is wrong in providing reservation to communities which are backward. And the quota is not only for Muslim miniorities, it includes people from other minority religions as well.
Its shocking to see Hindu newspaper is publishing views from Naitik in the comments here. If he thinks Muslims are taking full advantage of the sub quota, can he provide me the proof on record. Just outburst and ranting wont help your ilk. Stop blaming and grunting against Muslims. Thinking that Resilence of the Muslims as their weakness is foolish. That may prove too costly for India's secularism and development.
Sachhar Committee Report is a truth and stares on the India's attitude towards minorities.
Religion-based quota is against the principles of secularism
instituted in our constitution. Politicians are trying to exploit
Muslim communal sentiments by poposing reservations for Muslims on
the basis of religion. This is a very good decision of the High
Court. The media should come down heavily on Congress and other
parties that are trying to play vote-bank politics and damaging the
relationships between Muslims and Hindus for their selfish gains.
A very well deserved crackling SLAP on the faces of both the AP State Government and the Center.And this UPA government of rabid anti-BJP constituents have the gall and temerity to brand the BJP as Communal.Hypocrisy thy name is Congress,Lallu,Karuna,Mamata and
a whole lot of other shameless non-entities who support the UPA or
are constituents of the UPA.This slap alone should make the UPA resign.But they are too thick-skinned.And they are all most indecent.
Thank God! I could never understand how the erstwhile rulers of this country became BC'S
Muslims enjoy minority institutions . If they do their job, they don't need any more
reservations.
This decision of the court was expected as the order was passed by the
government was in true spirit and honesty. They wanted to fool the
Muslims which are most backward of the all the sections of the society.
Its a high time the central Govt comes up with conviction to give
justice to Indian Muslims.
When the OBCs, SCs, STs et al are in a free for all for quotas, why is the minority quota eyed with such apprehension? Isn't it a fact that the minorities in this "secular" country are often subjected to various prejudices? Read somewhere in these comments about the "bogus" Sachhar Committee report and that actually clarifies the mindset of the majority which wants to keep the minorities always backward, sometimes citing historical "wrongs" and other times "conversions" among other things.
We must remove quota system from every one but what about supreme
court orders little one years back about the same subject .
We must remove quota system from every one but what about supreme
court orders little one years back about the same subject .
Good judgement. Why do we need democracy where all criminals and mafia get elected and fram rules/laws based upon caste/color/creed/religion just to get votes forever and to remain in power to make all institutes with their criminilzation of politics. HC not only strikes down but also hang such political leaders/minister who dare to do so to teach a lesson to stupid Indian politicians. Thanks, Kumar
Really perfect judgement.. Currently in India, judiciary is the only thing which is still keeping the hope of a "Aam Aadmi" alive..Thanks to judges to show the real face of so called secular government..Really shameless people are there in Central government..I am really fed up with this distorted form of secularism in India..People must understand that secularism is keeping the politics independent of the religion and giving equal rights of all forms to all people irrespective of their religion..Giving special rights to people of a particular religion (no matter whether minority or majority) is a direct violation of constitutional provisions in Articles 15 and 16 and is surely not secularism..
this is a perfect move by the high court ....it is a good punch to
political parties specially the congress which brought this idea in
order to bring minorities(muslims)under its vote bank.....the state
should respect the move ....if not in future oc will become vulnerable
in any post as the parties come up with even more brilliant ideas like
as proposed 9% by cong or 18% by sp for minority in uttar pradesh
elections in 2012............
It is time now to comprehensively review the impact of our constitution thread bare and rewrite to make country's identity in the Twentyfirst century and global changes.Dr Amrit Patel
Quota just prior to the Uttar Pradesh Assembly elections, if anyone doesnt understand this and think that Congress is their saviour they are utterly in delusion. A party which rules for 60 years somehow suddenly realizes that Minorities need some Quota. What a grand and shameless drama.
That muslims in India face discrimination is beyond doubt,however a big reason to that is the deeply
entrenched feudal divisions within the muslims.Internal discrimination is far more serious as the low muslim
castes indeed live a miserable life.The often prided concept of muslim brotherhood falls flat in the face of this
fact.
North India has several pockets where this large section lives in conditions like the sachar committee has
described and even worse.However this quota must be an eyewash as what is immediately required are basic
needs like water,sanitation and education.Quota would again benefit the same feudal mindsets.The judgement
is welcome.
A commendable judgement. Hope the politicians will learn not to use religion to get votes. I support T Radhakrishna's suggestion "to create opportunities to the people to make self sustain".
T. Siddiqi
But,for the slaps to govt,in the form of judgements being given by honb'le courts from time to time over issues concerning public interests,the congress govt at the centre could have kept some of deserved sections devoid of the benefit always,by clandestinely trying to transfer these benefits to those people,whom they think would favor its party for political gains.Appreciate the judgement.Long live Indian Judiciary.
The Mandal Commission had estimated that the deprived population of
OBCs was about 52 percent of the total population consisting of Hindu
castes/ communities of about 43.7 percent and non-Hindu castes and
communities of about 8.4 percent. Thus, the proportion of non-Hindu to
Hindu caste/castes/ communities among OBC is approximately is 1:5.
YET PEOPLE CANT DIGEST THE FACT THAT MUSLIMS ARE UNDERREPRESENTED IN
ALL SECTORS PARTICULARLY EMPLYMENT AND EDUCATION.
WHERE IS OUR SECULARISM MY FELLOW INDIANS??? WE SHOULD BE EQUALLY
REPRESENTED..IF YOU HAVE THE ILLUSION THAT MUSLIMS ARE NOT
BACKWARD..PLEASE GO THROUGH THE FACTS AND ENLIGHTEN YOUR MINDS.
Hate Hinduism in INDIA--Then you will get the tag AS A GREAT Secular
Person. The more you hate Hinduism-The sooner you will be awarded with
PADMA SRI,PADMA VIBHUSHAN and why not BHARAT RATNA?
Politicians never tire of playing vote bank politics
So what happen's to Salman Khusheed's efforts to by-pass the Constitutions and making back door entry for Muslims by marking them enblock as 'Backward' on the basis of a bogus Sachhar Committee Report which is political document prepared by a coterie of so-called Muslim scholars and a ' psudo-Secular' unemployed HC judge and not a judicial work. It is full of inaccurate assumptions based on concocted figures.
Still some good judges left in judiciary!
We must appreciate the Honble High Court decision. The political leaders must learn from the above judgement and it is better them to avoid taking decisions which are beneficial to gain votes in elections. The politicians are advised to create the opportunities to the people to make self sustain. They should train the people to fish in the water instead of feeding the fish. To day the country needs Statesmen instead of politicians for the prosperity of the country.
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