Shri Narendra Modi Ji,
Hon’ble Prime Minister of India,
South Block, Raisina Hill,
New Delhi – 110001.
Today a large number of SC/ST, OBC & Minorities from all over the country held a Rally at Ramleela Maidan, New Delhi under the banner of the All India Confederation of SC/ST Organizations & DOM Parisangh for their legitimate rights, inclusive growth, and development of the country.
Dr. Ambedkar aptly said that “To allow the Chief Justice practically a veto upon the appointment of judges is really to transfer the authority to the Chief Justice for which we are not prepared to vest in the president or the government of the day”. The apprehension of the father of the constitution proved to be true-the way Supreme Court and High Courts are acting. Since 1993, the Supreme Court by its own judgement has transgressed its defined power and begun appointing the judges. In the Constitution, the role assigned to judiciary is to interpret the law but over the course of time, it usurped the power of the executive and legislature, ranging from making laws, appointing the judges, acting as investigation wing in many matters and giving directions to the administration. Currently, the Supreme Court through the Monitoring Committee is conducting a drive to seal properties in Delhi. The Court has assumed the power of the executive to stop illegal construction and units that are sources of pollution and this is certainly not the jurisdiction of Judiciary. Even if the executive failed in this respect then also it is not justifiable for the judiciary to exceed its jurisdiction. The transgression of its boundary and often overloading itself with unnecessary responsibilities has made judiciary worsen by increasing the backlog and delay in justice. It won’t be an exaggeration to say that the Supreme Court is acting like the Govt and the Monitoring Committee is one of its Deptt. The officials engaged in the sealing are extorting money. When Delhi BJP Head and Member of Parliament, Mr. Manoj Tiwari dared to break the seal, he was summoned by SC for Contempt of Court. During the hearing, it was found that sealing was not as per law. Instead of punishing erring officials, the judges closed the matter by reprimanding Mr Tiwari.
Nowhere in the world, Judges appoint Judges, except in India. The worst is happening where there are no defined parameters of merit to select the judges and appointments are made through nepotism, on caste basis and teacher-disciple relation. When a Chief Justice of any High Court recommends the name of any advocate for his selection as judge, what are the criteria? Nothing! The said advocate doesn’t appear for any exam or interview nor do we evaluate the quality of his cases. In other words, it can be safely concluded that there is no merit but that the judges are deciding merits of all. The All India Confederation Of SC/ST Organisation (Parisangh) and Dalits, OBCs and Minorities (DOM) have urged the GoI and the Parliament to restore the original position of the Constitution on appointment of judges. This has not only made the Justice unreachable to the ordinary man but also has put complete embargo on SCs, STs, OBCs and minorities to become the judges. Even merit basis selection would have included SC,ST and OBC but in this nepotism and teacher-disciple nexus, there is no remote possibility. Over the period, some SC, ST and OBC are competing against general category candidates and sometimes supersede in services such as IAS/IIT. To ensure justice to SC,ST & OBC and minorities and diversity it is essential to provide reservation to these communities.
A common man, cannot afford to knock the doors of high courts and supreme court to seek justice as remuneration of effective and senior advocates runs into lacs and crores. There is no dearth of lawyers but only a few get favour to be heard and resultantly it has created advocates of face values. The PIL has caused more harm than good. Elite and favoured lawyers join hands with a few private citizens to file PIL and get the law made for whole society without their opinion which is undemocratic. How can a few petitioners, lawyers &judges know the opinion of millions and billions of people? What 545 Members of Lok Sabha cannot do, judges do in minutes. In 2014, the Parliament amended the Constitution and created a National Judicial Appointments Commission(NJAC) for selection of judges which was ratified by 21 states but it was killed by the judiciary before it could take birth. To strike the balance between the organs of the Govt- the legislature, executive & judiciary either NJAC be restored or the All India Judicial Services be implemented. Had there not been caste bias and nepotism The Scheduled Castes and Tribes (Prevention of Atrocities) Act,1989 wouldn’t have been diluted and biased judgement would not have been the order of the day.
The effective way of empowering Dalits and Backwards has been Reservation in government jobs, education and politics. The major empowerment has been through government jobs but privatisation, contractual system and outsourcing of jobs are doing away with that also. The Mandal Commission started getting it implemented since 1993 and its implementation has hardly exceeded 7% and reservation has almost come to a halt. A major part of education has also been privatised and thus opportunities for these communities have dwindled. Not only SC/ST/OBC & minorities are being excluded, exploited and discriminated but it has a bearing on the economy too. How can any nation become developed without utilising the skill and human capital of all? The Parisangh has been demanding reservation in private sector for quite some time. Dr Udit Raj has introduced a Private Member’s Bill in Parliament seeking reservation in private sector and is demanding the Govt. to confer it as the status of Government bill and amend the constitution thereby providing reservation.
The Muslims and Christians are denied freedom and are often exploited. Day by day, the atmosphere is getting communalised. India is considered the melting part of different cultures but instead the reverse is happening. No wise people can afford to be divided along the lines of religion and caste else the whole nation will have to suffer. As the SC/STs are economically empowered through Special Component Plan and Tribal Sub-Plan in the same way minorities should also be uplifted by making similar kind of policy.
The UPA Government in 2004 setup a committee of Ministers to consider providing reservation in private sector; after that, coordination committee in PMO and Group of Officers’ Committee, Ministry of Commerce were constituted but no logical conclusion was reached. Seeing the pressure on the Government to make legislation for reservation in private sector, business associations like FICCI, Assocham and CII rushed to the Government to not go ahead with it. They said they would voluntarily provide scope for SCs and STs to grow, and promised to prepare Indian Dalit Entrepreneurship, provide tuitions, coaching and skill training; but that proved dismal.
Privatization has brewed extreme form of exploitation which is unparalleled in the world. Almost all 4th class jobs have been thrown open to the contract system, where not only wages are low, but even these are not fully paid to the workers. Contract system must be banned and wherever the system is working, the Government must ensure that salaries and wages are transferred directly to their bank accounts; the safaikaramcharis are the worst victims of contract system; the caste certificate of one state should be valid in other states; backlog vacancies should be filled by Special Recruitment Drive; allottees of land in Delhi under the 20 point program have not been conferred bhumidhari rights even after 30 and 40 years of allotment.
Sir, we along with office bearers from all over the country, Devi Singh Rana, Om Prakash Singhamar, Girish Chandra Pathre, Satya Narayan, Savita Kadian Panwar, Sanjay Raj, Rajan Hisam, Aditya Kumar Navin (Delhi), Sushil Kamal, Neeraj Chak, Raj Kumar (UP) , M.N. Chokhandre Siddharth Bhojne, Deepak Tabhane, Sanjay Kamble (Maharashtra), S.P. Jaravata, Vishwanath, Satyawan Bhatia, Mahasingh Bhurania (Haryana), Tarshem Singh Gharu (Punjab), Maniram Badgujar, Vishram Meena, Mukesh Meena (Rajasthan), Babu Singh, Vijay Raj Ahirwar (Uttarakhand), Alekha Mallick, D.K. Behera (Orissa), Paramhans Prasad, Narendra Chaudhary, Vipin Toppo (M.P.), Ramubhai Vaghela, Utpal Kulkarni (Gujarat), Karuppaiah S., P. N. Perumal (Tamil Nadu), Raman Bala Krishnan (Kerala), Madhu Chandra (Manipur), K. Maheshwar Raj, Prakash Rathore (Telangana), Palteti Penta Rao Ratnam (Andhra Pradesh), Harsh Meshram, Pradeep Sukhdeve (Ch.), P. Bala, Sadan Nasar, Subrata Batul (W. Bengal), Madhusudan Kumar, Wilfrid Karketta ( Jharkhand), R K Kalsotra, B.L. Bhardwaj (J&K), Madan Ram, Sheodhar Paswan, Shiv Pujan (Bihar), Krishna Murthi, J. Srinivasulu, R. Raja Segaran (Karnataka), Sitaram Bansal (H.P.), Pradeep Basfor, Jai Karan (Assam), C.B. Subba (Sikkim), Prakash Chandra Biswas (Tripura) etc. present this memorandum for your consideration.