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Online edition of India's National Newspaper Thursday, May 25, 2000 |
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Opinion
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Justice superannuated
Sir, - Justice, one of the four cardinal virtues, is defined as
requital of desert - to do something in a manner worthy of one's
abilities - and should not be confused with trying to do justice,
i.e., to render unto one what is his/her due. A Constitutional
Bench of the Supreme Court, especially set up for the purpose,
had by a majority verdict, fixed a 50 per cent ceiling in filling
the backlog of vacancies for STs and SCs. The Tamil Nadu Assembly
went a step further by adopting a Bill to legalise the 69 per
cent reservation the State Government had decided upon. Against
this background, Parliament approved recently a Bill to nullify
the apex court's ruling fixing the ceiling at 50 per cent.
It is incomprehensible how and why the percentage of illiteracy
and unemployment still rules high despite 50 years of
reservation, which is now extended further. And what is more,
there is a widespread clamour for higher reservation. One
apparent reason for this situation is explained away by accusing
the ``creamy layer'' of the backward classes enjoying the
benefits of reservation to the exclusion of the really socially
and economically backward.
The path of justice was the path of wisdom, declared Lord
Macaulay. But wisdom here seems to lie elsewhere. If every
judgment of the country's highest judicial authority can be
countermanded by legislative enactments, though even the validity
of these laws can again be tested in Court, it entails a colossal
waste of time and money and the country could well do without
that kind of appellate authority. The saving therefrom can be
utilised for the betterment of the poor and the under-privileged
and the respective vote banks enlarged. One thing needs, however,
to be made clear without equivocation - whether the poor and the
backward are determined to stay as such and if the powers that be
are intent to keep them at that level for their own advantage.
T. P. Rajagopalan,
Chennai
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