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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