Paswan wants reservation in judicial services

NEW DELHI: As a debate over reservation in private sector and higher educational institutions continues, a strong plea has been made by a Union Minister for quota in judicial services too.

"There should be reservation in the judiciary also. It is the sole body which interprets law. There should be a judicial commission to provide adequate representation to SCs, STs, OBCs and minorities," Union Minister Ramvilas Paswan, a member of Group of Ministers (GOM) on Dalit Affairs, said.

Paswan, who is also President of Lok Janshakti Party, said the commission should be on the lines of Union Public Service Commission comprising five members, with at least one member each from SCs, STs and minorities.

"Such a commission should conduct all India tests to recruit judges," he said while opposing the present open interview system.

"There should be no open interview system. Interview should be held on code basis," he said, adding that even the attestation of certificates and other documents of applicants should be given up to check harassment of rural and poor people who face difficulties in getting it done.

Asked about Attorney General Milan Banerjee's observation on creamy layer, the Chemical and Fertilizer Minister recalled that a nine-judge bench of the Supreme Court which had heard the Mandal Commission case had stated that the "creamy layer" factor was not applicable to SCs and STs.

"This means there are grey areas somewhere," Paswan said and suggested that to end all controversies related to reservation, a Constitutional amendment should be brought on the creamy layer issue.

At a meeting of the GOM on Dalit Affairs recently, Paswan said he has emphatically suggested a Constitutional amendment on the issue and voiced the hope that the government would bring it soon to address the "imbalances".

"The issue of creamy layer has no relevance for SCs and STs until untouchability disappears and inequality caused by it is removed," Paswan said.

He said though SCs and STs should be clubbed with OBCs, B R Ambedkar, a framer of the Constitution, did not mention them as OBC.

On the question of extending reservation to Dalit Muslims and Christians, Paswas said the issue of religion does not figure in the Constitution. The socially, economically and educationally backward people, whether they belong to SCs, STs or any other caste, should be given reservation.

However, strongly backing reservation for Muslims, the LJP chief suggested that the entire community "as a whole" should be declared backward.

On the issue of quota for Muslims, Paswan said "there should be a mechanism to reserve seats" for them.

Secondly, he said, Dalits among Muslims, under Art 341 of the Constitution, should be given SC benefits. "This would not only give them 100 per cent reservation but also ensure reservation of seats in Parliament and state assemblies," he said.

Thirdly, Paswan said, reservation for rest of the minorities should be based on the economic and educational backwardness.

Observing that Article 341 of the Constitution clearly defines as to who are SCs, he said Hindu Dalits were added to the Constitution in 1956, followed by Sikhs and neo-Buddhists in 1990.

"Now Dalit Muslims and Christians are left. They must be added too," Paswan said, adding "there should be no discrimination against Dalit Muslims and Christians."

Paswan also favoured amendment in the Constitution to ensure reservation for SCs and STs in private sector.

"Industry is reluctant to provide reservation voluntarily. Unless there is a law, this is not going to be done. Nobody is above the law. Constitution should be amended to provide reservation in the private sector," he added.