National Reservation Meet – Resolutions
2009 February 15
V. P. Singh Nagar (Hotel Span)
Resolution 1: Introduce Reservation in Higher Judiciary
This meeting reasserts the need for community reservation in higher judiciary and appeals to the Central Government to make necessary changes in the law for adequate representation of all communities in High Courts and the Supreme Court. It is against the democratic spirit that judiciary resists any effort to make it more accountable, transparent and representative on the specious argument that it should remain independent. Independence doesn’t mean that a constitutional branch should be totally removed from the social realities. This meeting calls up on Central Government to enact laws for the institution of a independent authority for recruitment to the higher judiciary. It also urges the government to take steps for special recruitment in judiciary for adequate representation of the marginalized section of the people.
Resolution 2 : Need for New Enactment to Remove Confusion in Reservation Rulings
This meeting is of the opinion that a lot of confusion and contradictions, deliberate other wise, has been made by the orders issued by the central and state governments and high courts and Supreme Court as regards the community reservation in educational institutions and civil services. It is a common place that the founders of the republic introduced reservation to ensure adequate representation to the communities that are socially and educationally backward as clearly shown in Article 15(4) of the Constitution read with Article 16(4).Attempts have been made to link reservation in the economic backwardness to undermine the real objective of reservation and to deny the meager benefits enjoyed by the OBCs and in the end to throw out the concept of reservation. Hence it is time that the government came forward to enact a comprehensive law to remove confusion and contradiction once and for all and to protect the real objective of the constitution as shown in Article 15(4) and 16(4)