Tuesday, August 23, 2005 (New Delhi):
A
very angry Supreme Court has severely reprimanded the government for
criticising its decision on doing away with government quotas in
private unaided colleges.
The issue came up when a three-judge bench, headed by Chief Justice R C Lahoti pulled up the Attorney General Milan Banerjee during a hearing of a petition seeking Schedule Caste status to dalit Christians.
"Why are we told time and again by the Government that it is not taking a confrontationist attitude? Who is taking a confrontationist attitude?" asked the Chief Justice.
Need for understanding
A seven-judge Bench of the Supreme Court abolished government quotas in private unaided professional colleges.
The Court said that the ruling was a reiteration of the eleven-judge Bench judgement and the five-judge Bench judgement thereafter.
"If this is the attitude of the government to go after a judgement without understanding it, then wind up the courts and do whatever you want," the Chief Justice said.
The apex court for the first time, allowed a 15 per cent quota for NRIs in professional institutions.
It, however, made it clear that the higher fee charged from such students should be used for the benefit of students of economically weaker section.
No confrontation
Earlier this month, Union HRD minister Arjun Singh had said that the government plans to change the law to overturn the SC verdict.
"A law will be made because the Supreme Court has said the decision will come into force only after the next academic session, so there is time till then," Arjun Singh had said.
But the government said that there is no confrontation with the SC on the issue, and they are still trying to find a solution, which would address the concerns of all the parties.
It also said there has been no proposal to bring legislation to overturn SC verdict so far.
"We will again make our position clear. I have not seen the judgement. Earlier also there were some instances of differences between legislature and judiciary," said H R Bhardwaj, Union Minister for Law.
After last week's ruling, all political parties had demanded that the government reverse the SC ruling to allow for government quota in private unaided colleges.![]()
But the government today said that the Parliament has never done anything that has questioned the Courts or the Judiciary.
"To comment on a matter is a different thing but I don't think any minister from the Lok Sabha or the Rajya Sabha has ever questioned the decision of the Supreme Court," said Sri Prakash Jaiswal, Minister of State, Home.
Upholding Parliament's supremacy
Government quotas in private unaided colleges were especially pushed for by members of Parliament from south India.
Congress MPs from Tamil Nadu insist that Parliament is supreme when it comes to enacting law.
"Parliament is supreme. Supreme Court has its own jurisdiction and so has the Parliament. There is no need for a confrontation or conflict between the two. In its own wisdom the Parliament can pass a law, and this will be binding to every section of the country," said K V Thangabalu, Congress MP, Tamil Nadu.
"The majority believes that SC, ST, OBCs and the minorities should get their due share in the socio-economic development of the society. This is a major concern of the majority, and the government's decision is in the right track," he added.
Union Minister for Petroleum Mani Shankar Aiyar also reiterated the government's commitment to social justice.
"I sympathise with those who are concerned about the recent Supreme Court judgement which brings to a grinding halt the social progress that has been happening," Aiyar said.
The issue came up when a three-judge bench, headed by Chief Justice R C Lahoti pulled up the Attorney General Milan Banerjee during a hearing of a petition seeking Schedule Caste status to dalit Christians.
"Why are we told time and again by the Government that it is not taking a confrontationist attitude? Who is taking a confrontationist attitude?" asked the Chief Justice.
Need for understanding
A seven-judge Bench of the Supreme Court abolished government quotas in private unaided professional colleges.
The Court said that the ruling was a reiteration of the eleven-judge Bench judgement and the five-judge Bench judgement thereafter.
"If this is the attitude of the government to go after a judgement without understanding it, then wind up the courts and do whatever you want," the Chief Justice said.
The apex court for the first time, allowed a 15 per cent quota for NRIs in professional institutions.
It, however, made it clear that the higher fee charged from such students should be used for the benefit of students of economically weaker section.
No confrontation
Earlier this month, Union HRD minister Arjun Singh had said that the government plans to change the law to overturn the SC verdict.
"A law will be made because the Supreme Court has said the decision will come into force only after the next academic session, so there is time till then," Arjun Singh had said.
But the government said that there is no confrontation with the SC on the issue, and they are still trying to find a solution, which would address the concerns of all the parties.
It also said there has been no proposal to bring legislation to overturn SC verdict so far.
"We will again make our position clear. I have not seen the judgement. Earlier also there were some instances of differences between legislature and judiciary," said H R Bhardwaj, Union Minister for Law.
After last week's ruling, all political parties had demanded that the government reverse the SC ruling to allow for government quota in private unaided colleges.
But the government today said that the Parliament has never done anything that has questioned the Courts or the Judiciary.
"To comment on a matter is a different thing but I don't think any minister from the Lok Sabha or the Rajya Sabha has ever questioned the decision of the Supreme Court," said Sri Prakash Jaiswal, Minister of State, Home.
Upholding Parliament's supremacy
Government quotas in private unaided colleges were especially pushed for by members of Parliament from south India.
Congress MPs from Tamil Nadu insist that Parliament is supreme when it comes to enacting law.
"Parliament is supreme. Supreme Court has its own jurisdiction and so has the Parliament. There is no need for a confrontation or conflict between the two. In its own wisdom the Parliament can pass a law, and this will be binding to every section of the country," said K V Thangabalu, Congress MP, Tamil Nadu.
"The majority believes that SC, ST, OBCs and the minorities should get their due share in the socio-economic development of the society. This is a major concern of the majority, and the government's decision is in the right track," he added.
Union Minister for Petroleum Mani Shankar Aiyar also reiterated the government's commitment to social justice.
"I sympathise with those who are concerned about the recent Supreme Court judgement which brings to a grinding halt the social progress that has been happening," Aiyar said.
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"Ours is a battle not for wealth or for power.
It is a battle for freedom. It is a battle for the reclamation of human personality."
- Dr BR Ambedkar
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