Adv. Zulfikar Ali: It Is Worrisome That The Unconstitutional Right-Wing View Is Also Growing In The Supreme Court: Advocate Zulfikar Ali said that the Supreme Court’s verdict upholding reservation for the economically backward among the pioneers is disappointing.
Counsel for the petitioners, Adv. Criticized by Zulfikar Ali. His response was to Asianet News.
“This verdict is very disappointing. It is understood that the true values of the Indian Constitution have become a minority view in the Supreme Court today. The possibility of filing a review petition will be discussed in consultation with other lawyers.
In the minority judgment of Justice Ravindra Bhatt, he refers to a number of figures.
More than 50 percent of the villages belonging to the SC-ST and SC-BC categories are still below the poverty line. Economically based reservation which completely excludes that category is against the constitutional principle of equality. Today, three members of the Constitution Bench of the Supreme Court ruled against that objection.
It is not constitutionally sustainable. The possibility of review of the judgment will be examined,” Adv. Zulfikar Ali said.
He also responded to the Supreme Court’s observation that ‘reservation is meant to bring forward all the weaker sections.
”The word vulnerability in the context of the reservation should be understood as ‘vulnerability imposed by social and historical causes. Reservation is implemented to overcome that vulnerability.
If there is economic vulnerability, governments should come up with other schemes like poverty alleviation to address it. Reservation is not meant to eradicate economic poverty, but to provide justice to an oppressed class due to social, educational, and historical reasons.
Linking such reservation with economic criteria is a blow against the values of the Indian Constitution. In the changed scenario, it is worrisome that right-wing views are growing in the general public and in the Supreme Court of India, as in many other institutions, in a manner contrary to the original socialist vision embodied in the Constitution.
If economic backwardness is the reason, then why SC-ST category, which is more than 50%, is completely excluded from this economic reservation, despite the unequivocal evidence that they are economically backward and below the poverty line? What constitutional justification do they have for that?
He establishes it in Justice Ravindra Bhatt’s judgment based on accurate data and figures. On what basis is a large section like SC-ST excluded from the purview of economic reservation? “It is a violation of Article 14 of the Constitution,” said the lawyer.
He also replied to the court’s observation that there is a need to make changes in the present system of reservation which has continued since independence.
” These are just very narrow or hollow claims. No data supports this. Why caste-based census was not implemented in this country after 1991? Why not conduct a census and release figures on the representation of each caste in power centers and government institutions in this country? Let it be released first and then decide the Constitution of India and B.R. Whether or not the goal of the great idea of reservation advanced by Ambedkar has been fully achieved.
It is a hollow and irresponsible argument to say that after 75 years of reservation, the purpose of reservation has been fulfilled. What data do they have on this?
The real objective of the reservation is representation, not economic upliftment. Equal representation does not mean economic equality. Let the government take other measures for that. The objective of the reservation is equality of representation, equality of opportunity, and equality of status, including in centers of power. Where is it now?,” added Zulfikar Ali.
The Supreme Court judgment upholding the advance reservation came to a while ago. Chief Justice U.U. All three judges in the five-judge constitution bench, which included Lalit, completely upheld reservation and the 103rd constitutional amendment.
The bench observed that reservation for the economically backward among the progressives is constitutional. The bench passed four judgments on the reservation issue.
The Supreme Court passed a decisive verdict while considering a petition challenging the provision of 10 percent reservation to the economically backward classes.
On Monday, a five-judge bench of the Supreme Court started pronouncing its judgment to decide whether or not the advance reservation is constitutional.
Justice Dinesh Maheshwari and Justice Bela Trivedi, who first delivered the judgment, upheld the government’s decision to impose reservation. Justice Bela Trivedi observed that economic reservation is neither unconstitutional nor discriminatory.
Justice Dinesh Maheshwari and Justice Bela Trivedi observed that the exclusion of Backward Classes is not unconstitutional and recognizes the exclusion of existing reservations.
But Justice Ravindra Bhat gave a different verdict. In his judgment, Justice Ravindra Bhat said that he did not disagree with the economic reservation, but he disagreed with the exclusion of those who are currently receiving reservations.
Justice Ravindra Bhat said that the 103rd Constitutional Amendment violates the concept of equality and it is not right to exclude the backward people who currently get reservations.
The bench also observed that it is time to consider changes in the reservation system.
Chief Justice U.U. Today, Lalit’s last working day, the verdict was announced. The judgment started at 10.30 am today on the petitions challenging the constitutional amendment allowing 10 percent advance reservation in the employment and education sector.
The 103rd amendment to the constitution was introduced to provide reservation to the economically backward classes. Petitions have reached the court against this. A judge on petitions.
The bench examined whether the 103rd Amendment on Prior Reservation changes the basic structure of the Constitution.
In January 2019, the court heard 39 petitions filed against the provision of 10 percent reservation to economically backward classes in educational institutions and government jobs.
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