Author: Rajeev Dhavan
Foreword/Introduction: Fali Nariman
Publisher: Rupa
Year: 2008
Language: English
Pages: 319
ISBN/UPC (if available): 9788129113696
Description
Affirmative action through exclusive quotas for India’s disadvantage in public services and education has caused strikes, protests and riots in India. Parliament and the Supreme Court echoed divergent solutions resulting in dramatic clashes between Parliament and the courts.
Earlier, bitter controversies between courts and Parliament in the Nehru era were over land reform (1950-67), and Mrs. Gandhi's era, it was over parliamentary sovereignty (1967-77). This book is about the third major crisis (1995-2008) over 'quota reservations' in the civil services and education.
As custodians of the Constitution, the courts impose their own view of ‘equality’. As the voice of the people, Parliament claims the power to override the Constitution by constitutional amendment on quota reservations to reverse court decisions. Having fought hard for supremacy in all areas of governance, the courts are unwilling to surrender their constitutional supremacy to anybody. In turn, Parliament seems to have had no qualms in virtually sitting in appeal over the Supreme Court by using its brahma astra to amend the Constitution. The result is a constitutional drama of awkward proportions.
An expose of contemporary political history, this book shows how courts retreat into compromise and political parties show an embarrassing over-commitment to win votes at all costs. If court judgments are unreadable and complex, parliamentary debates are often hilarious, unsystematic, irrelevant, amusing and boring.
Contents
Foreword by Fali Nariman
Preface
PART I – INTRODUCTION
I Reserved Without Prejudice
PART II– PARLIAMENT, THE SUPREME COURT AND AFFIRMATIVE ACTION IN INDIA
II. The Promotion Amendments of 1995
Reversing the Mandal Decision of 1992
Parliament Strikes Back: The Promotion Amendment
Understanding the Debate
III. The Carry Forward Amendment
Parliament vs. the Courts: The Mandal and
Post Mandal Background
The Next Salvo: The ‘Carry Forward’ Controversy
Parliamentary Discussions
Lok Sabha
Rajya Sabha
In Retrospect
IV. The Accelerated Seniority Dispute
Old and New Controversies
The ‘Accelerated Seniority’ Controversy
Parliament Challenges the Supreme Court
Lok Sabha
Rajya Sabha
In Retrospect
V. The Efficiency of Administration Amendment
The Efficiency of Administration
Parliament Intervenes
Rajya Sabha
Lok Sabha
Parliament and the Amendment
VI. The Education Amendment of 2005
Introduction
The Education Controversies
Parliament Confronts the Issue
Lok Sabha
Rajya Sabha
Parliament’s Last Word
VII. Reservations and Private Educational Institutions
Lok Sabha
Rajya Sabha
PART –III- INTO THE FUTURE
VIII. The Last Decade
The Spring of Hope
The winter of Despair
The Court’s Package
Parliament’s Response
Legislation and its Discontents
Epilogue
Annexures
A Articles 14-18 of the Constitution
B Article 46 of the Constitution
C Article 338-342 of the Constitution
D Conclusions in Indra Sawhney’s Case
Endnotes
Index