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Dear

 

I would like to draw your kind attention to my Letter addressed to PM, on the six Black Office Memorandums issued by successive Govts, including the present Govt.  A Copy of the same is enclosed herewith for ready reference.  These Black OMs adversely affect, almost all the SCs&STs and the OBCs, in Govt Services at the Center in the States and UTs, Banks, PSUs, Universities and other Autonomous Institutions.  Three of these Black OMs, affect the OBCs also very badly.  All these Black OMs, the manner in which they affect the SCs&STs and OBCs, their current status etc, are clearly indicated in brief, in the table enclosed herewith.  SC&ST Members of Parliament had taken up the issue of these black OMs,  discussed, debated, protested and agitated in the Parliament, asking the present Govt to withdraw, cancel and appropriately modify all these six anti-Reservation, anti-SC&ST and anti-OBC Black OMs.  We have so far drawn only a blank from the Govt.

 

All the promises made by the PM and the Govt, and the consequent attempts, have neither become realities, nor borne any fruit.  More than three years had passed by, since the promulgation of the first OM.  Nothing material has yet been done to provide relief, and at least restore the benefits hitherto extended to SC&ST and OBC Employees, by the earlier Govts before 1997.  Thus, the Govt has not yet resolved the problems of the SCs&STs and OBCs, and remedy the situation caused by the Courts, and also the Govts.  The Govt appears to be only contemplating some halfhearted measures, that too in bits and pieces.  It has been considering various options that are of no practical use, not only to the SCs&STs but also to the OBCs.  So far, the present Govt had brought about, in a very casual manner, two Constitutional Amendments - the Eighty Eighth and the Ninetieth.  We understand that the present Govt is a prisoner to the pressures and influences of dominant caste hindu higher officials.  Senior officials in the Deptt of Personnel, are basically against SCs&STs and OBCs.  They are dead against Reservations for SCs&STs in general, and are particularly against the OBCs.

 

The Govt have so far added to the Constitution,

 

a)    Additional Provisions in Article 335 to enable the Govt to Relax Qualifying Marks in any Exams, and Lower the Standards of Evaluation in Promotions to Posts and Services, Reserved for the SCs&STs. 

 

b)     Inserted the Sub-Clause 16(4b) in the Fundamental Rights, to treat Unfilled Carry Forward Vacancies as a Separate Class of Posts that can be filled up at anytime with suitable SCs&STs, without clubbing them up with new vacancies and affecting the 50% Reservation Limits.  

 

These steps taken so far, do not meet the need of the hour, or remedy the problems created by the Officials and the Courts.  Hence, the present Constitutional Amendments will not be fully effective, and would serve very very limited purposes.

 

Even after these two Amendments to the Constitution, the SC&ST and OBC Employees are helpless.  That is the result and real effectiveness of all the half-hearted and the hasty last-minute decisions by the Govt, without consulting knowledgeable SC&ST Leaders on these issues, or taking the SC&ST Parliamentary Forum into confidence.  I would also like to emphasize that we should not go on tampering with the Constitution, so casually and so frequently, every time the caste hindus resent, the officials oppose, the Courts are upset, and the Judges frown.  Otherwise we will end up adding, the entire Subordinate Service Legislations and Rules into the Constitution.  But that is not the end.

 

Govts' actions till date show that either they are against the SCs&STs and OBCs, or are unable to come to grips with the Unreasonable and Prejudiced Judiciary, pre-disposed against Reservations and SC&ST Dalits’ Progress in Life.  Emboldened by the Govts' soft, weak, knee-jerk reactions, already many caste hindus and a number of their official supporters are saying that whatever the Govt may do or the Parliament enact, they will get them struck down by their Courts.  They are blaming the Parliament, and its Actions as being Un-Constitutional!  They have such respect for the Parliament, have so much of confidence in their Judges, and are taking the Courts for granted.  They so easily predict the course of actions and decisions of their Judges, and or are perhaps in a position - to influence them to act the way they themselves think and want the Courts to decide.  So cheaply they take the Parliament, and have so much of contempt for Parliament’s Power, and the Constitutional Amendments.

 

These also raise the Questions -

 

·       whether the Courts, Judges and the whole Judiciary, are not accountable and answerable to anyone today? 

 

·       Whether they and the caste hindu Lawyers can, with total impunity, distort, flout, go against and trample down the Constitution as they like? 

 

·       Whether they can undo all actions of the Parliament?

 

·       Whether they can get their Courts to declare null and void any decision of the Parliament  they don't like?

 

Many judges, in the name of interpretting the Constitution and the Laws, are attributing totally new and allien, unheard of meanings to the Constitution, and specific Constitutional Provisions.  English, and Constitution today, are becoming laughing stocks in the hands of these Lawyers, Judges and Courts!  It is high time we sit up and take note of these things, before it is too late!  Here, I would like to recall the Prophetic Foresight and Warning of Baba Saheb in the Constituent Assembly on 25th Nov 1949.  Baba Saheb, very rightly and appropriately quoted, while delineating the Limits of the Courts, and the Boundaries which the Judges CAN NOT CROSS -

 

“Courts may modify, they cannot replace.  They can revise earlier interpretations as new arguments, new points of view are presented.  They can shift the dividing line in marginal cases, but there are barriers they can not pass, definite assignments of power they can not reallocate.  They can give a broadening construction of existing powers, but they cannot assign to one arbitrary powers, explicitly granted to another.”

 

Reference to this Quotation by Honourable Baba Saheb Dr BR Ambedkar himself in the Constituent Assembly on the 25th of November,  while introducing his Motion for Adoption of our Constitution, is very relevant to us today!  For, the intolerant reckless dominant caste hindu judges these days are showing increasing signs of dictatorial tendencies, and are trying to grab and centralise all Powers with them, by snatching them away from other Independent Sovereign Institutions like the Parliament, and Authorities like the Govt of India.  The Judges, it appears are definitely having much more dangerous, far deeper, clever and clear sinister designs and plans!  Perhaps, the Judges are planning a Coup to subvert the Parliament, Govt, Democracy and the Constitution, and want to take over all Soverign Powers.  May be they want to create for the future, only puppet Govts, remote controlled by an oligarchy of old caste hindu judges!

 

Whatever it may be, today the large number of SC&ST Dalits and OBCs in the Country, are fast loosing faith in the caste hindu dominated Courts!  In any case, the SC&ST Dalits and OBCs, are today not willing or ready to repose their faith and trust in the hands of a few old judges, who refuse to be unbiased and function with complete neutrality.  More frequently than not, the judges, let their traditional historic biases against the SC&ST Dalits and also the OBCs, show up only too frequently, and that too openly.  As a Democracy, We just can not ever afford to, or be allowed to be dictated and driven by a bunch of individuals, however great intelligent wise and experienced they may be!  Therefore, We SC&ST and OBC Members of Parliament, can never pledge or surrender the rights dignity and future of 260 plus million SC&ST Dalits, and about 600 million OBCs of this Country, to the biases prejudices intolerance and hatred of any of these great wisemen and women.   Once again, in this connection, I would like to fall back on the Speech of 25th November 1949, and recall Baba Saheb Dr BR Ambedkar, when he respectfully and in all humility quoted John Stuart’s caution -

 

          . . . . . all who are interested in the maintenance of Democracy, namely, not “to lay their liberties at the feet of even a great man, or trust him with powers which enable him to subvert their institutions”

 

Honourable Baba Saheb’s Statement and Mill’s Quotation here were of course directed at and towards powerful and charismatic Political Personalities, and not to the Judges.  For, none even in their wildest of dreams ever thought that the Judges would be so greedy of grabbing the rights, privileges and duties of the Govt, and the privileges and powers of the Parliament.  Hence, it is a very very sad day that, I had to now Quote, both of them in the context of the actions of the Courts and Judges in this Country, vis-à-vis the large number of poor and weak SC&ST Dalits.  Yes, it is really sad!  And I feel extremely sad and ashamed of the actions, doings and pronouncements of the Judges.  They are trying to be the incarnations of the old evil Manu, this lands dangerous and distorted law giver in the ancient times, who basically had destroyed the Indian Society, and the Great Indian Nation of the great native Indus Valley Civilisation People.  Please please therefore rethink, and assert the Authority of the Parliament and People before the Courts, least it be too late in the day.

 

Coming back to the six Black OMs, the Govts have really not done anything worthwhile.  We therefore have to force the Govts, to immediately and at the earliest take necessary corrective actions.  For your information and benefit, I am enclosing herewith, a Table showing the List of OMs, the publicly stated reasons for the same, their impact, and what the Govt had done and not done so far.  I also enclose a detailed Memorandum along with these for your perusal.

 

In view of the above, many SC&ST Members of Parliament and Political Leaders from most of the Parties, now feel without any reservation, that the PM and the Govt at the Center has not done anything really wothwhile, and had failed to keep up their promises to safeguard and protect the interests of SC&ST Govt Employees.  The two recent Amendments to the Constitution have not served the SCs&STs adequately! 

 

In addition to the above, I would like to warn you all now, well in advance, and caution that right now there is a great conspiracy going on between many employees associations, leading lawyers, and members of the bar etc, to set aside and declare Articles 16(4A) and 16(4B) as null and void, and strike them off as being unconstitutional.  Therefore, there is a great urgency, for the us to act quickly and holistically!  If now We do not protect the interests of the SC&ST and OBC Employees, and also preserve the neutrality of the Govt, Supremacy of the Parliament, it would soon be too late and very difficult to prevent an endless Civil Strife in the Country, with the SCs&STs and OBCs on the one side and the rest on the other.  Such a war is inevitable, would soon break out, and become the order of the day!  Therefore, all of us individually and also collectively, must immediately withdraw or cancel and appropriately modify all the Black OMs.  This the right approach, than going in for piecemeal solutions and resorting to meaningless exercises of Constitutional Amendments.

 

To think of it, there is much more that needs to be done by the Govt, in view of a whole lot of anti-SC&ST, anti-OBC, anti-Reservation Judgements being pronounced by the Courts to deny the SCs&STs and OBCs, the 860 plus million People of this Country, Education, Jobs, Promotions, Seniority and so on!  Let the Govt act, before it is too late in the day!

 

In view of the above, it is all the more necessary for each of us, to take up these issues with the Govt, in both Houses of the Parliament, with the Honourable Speaker and also the Prime Minister, in our individual capacities and also collectively for really effective Solutions! 

 

 

 With regards,

 

Yours sincerely,

 

 

 ( Buta Singh )

 

 

 

ENCLOSURES :

 

 

1.    Table of the Black anti-SCs&STs, anti-OBCs and anti-Reservation Office Memmorandums issued by the Govt, and the Remedial Actions taken till

date 

 

2.    MEMORANDUM on the BLACK OMs of the GOVT against SCs&STs and OBCs submitted to the Prime Minister of India 

 

3.    Letter to the PM on the Oms

 

 

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