RE: [IAC++] Shri Arun Jaitley - Can BJP ever look at the issues objectively from the National Point of view and beyond Petty Vote Bank Politics?

Reservation in Promotion is violative of a ‘basic feature of the Constitution’ viz. Human Dignity. Preamble lays down, inter alia, that the Constitution aims at “FRATERNITY assuring the DIGNITY of the Individual……….”  Constitution contains several other provisions to ensure dignity of man. It is plain enough that supersession of a meritorious senior public servant by a non-meritorious junior person, for no better reason than that he belongs to SC/ST class, cuts at the concept of FRATERNITY within the Service as well as DIGNITY of the superior individual.   

 

India is also signatory of Universal Declaration of Human Rights, 1948 and several International Covenants which ensure human dignity; violation of such International commitments is betrayal of faith in solemn promises made for good of human race. What for Human Rights organizations are established in all parts of India?

 

The concept of 20% cap on reservation in promotions also is unconstitutional and constitutes infringement of powers of the Executive. Unconstitutional, because it infringes equality clause. If 10 promotion posts are open for posting of SC/ST, posting of only 2 and leaving out 8 unfilled on account of the cap is irrational having no nexus to the objective sought to be achieved by reservation. The Executive cannot be forced to keep 8 posts vacant – it would certainly hamper good administration.

 

Today, reservation in promotions is sought; tomorrow reservation in Supertime Scale or in Deputation posts will be demanded. Next will be the stage for OBCs to demand promotion-reservation. Samajwadi Party has already demanded reservation for Muslims. India has been suffering from Brain Drain for a long time; that drain will be accelerated. So, as time passes, we are going to be a nation of 3^rd rate administrators! Can the Nation afford this – specially in the face of Fundamental Duty under Article 51A of the Constitution to ensure Excellence in all walks of life?

 

Today, Parliament and all Legislatures have substantial number of members who have criminal/corrupt background; Association for Democratic Reforms has been issuing detailed data in support for several years. The Law makers are not at all keen to decriminalize these august institutions because Section 8(4) of Representation of People Act 1951 protects them from being disqualified – that, indeed, is an incentive for lawless elements to contest elections. The result is that a very large number of members would be such whose wards cannot qualify for public services or make their mark while in public service; reservation provides backdoor entry for such elements; hence they very keen to ensure that reservation in all possible spheres is ensured.

 

It is high time the Nation stood up as one man to oppose any reservation in any form; citizens must stop voting in favour of candidates who demand reservation of any kind – Lok Sabha Elections in 2014 will give needed opportunity to build the Nation on principles of Justice, Equality and Fraternity with human Dignity.

 

            May God be with us all

                              KN    

 

         

 

 

 

From the Desk of :

Justice Kamleshwar Nath

Retd.	:	Up-Lokayukta ( Karnataka ), Vice Chairman – C.A.T ( Allahabad ), Judge – High Court ( Lucknow & Allahabad )
Address	:	`Gunjan', C - 105, Niralanagar, Lucknow : 226 020. Uttar Pradesh, India
Phone(s)	:	+91-522-2789033 & +91-522-4016459. Mobile : +91-9415010746

 

---

From: login.yahoogroups@gmail.com [mailto:login.yahoogroups@gmail.com] On Behalf Of rti advice
Sent: Wednesday, December 19, 2012 7:30 AM
To: iac@lists.riseup.net
Subject: Re: [IAC++] Shri Arun Jaitley - Can BJP ever look at the issues objectively from the National Point of view and beyond Petty Vote Bank Politics?

 

The list moderators may examine if these kind of emails serve any "productive" purpose. It seems to be of the trolling variety and in violation of the list rules prohibiting discussions on political parties and their activities.

It is high time that this list focuses on action with a clear objective and solutions in mind, instead of desultory time-pass discussion.

On Wed, Dec 19, 2012 at 6:57 AM, rb purohit <rbpurohit4productivity@gmail.com> wrote:

Just stray thoughts, you remember. No political party is Nationalistic. Vote is their strength. Not nation building. RAM janma bhumi was not for their love for RAM or hate for Babar or for his non operative Mosque. It was vote bank politics. Ek dhakka or do aur Dilli loot lo. Thats all. Plane Poll polarisation cuts all light. Only deep darkness. No Vision. No policy. No strategy. Just unjust Power. Power yen ken prakeran. So this is it Babubhai whether one likes it or not.
With due regards
Ratanlal Purohit

On 19-Dec-2012 6:34 AM, "Babubhai Vaghela" <vaghelabd@yahoo.com> wrote:

Dear Shri Arun Jaitley, Can BJP ever look the issues objectively from National Point of view and beyond Vote Bank Politics? Regards,   --  (Babubhai Vaghela) C 202, Shrinandnagar V, Makarba Road Vejalpur, Ahmedabad - 380051 M -  94276 08632 http://twitter.com/BabubhaiVaghela About me in Annexure at - http://bit.ly/9xsHFj http://www.youtube.com/user/vaghelabd (Administrator - Google Group - Right to Information Act 2005) http://groups.google.com/group/Right-to-Information-Act-2005/about?hl=en CC : Shri L K Advani, New Delhi. CC : Mr Justice Altamas Kabir, Chief Justice of India, New Delhi.   CC : Shri Pranab Mukherjee, President of India, New Delhi. Day after vote, SC-ST promotion quota Bill roils BJP from within

Joshi, Swaraj, Adityanath in New Delhi Tuesday. PTI

Ravish Tiwari  A day after the BJP supported a constitutional amendment Bill in the Rajya Sabha to provide quotas for Scheduled Castes and Scheduled Tribes in promotions in government jobs, senior BJP leaders from Uttar Pradesh took their objections to the party leadership. Sources said senior leaders Murli Manohar Joshi and Lalji Tandon stressed at the BJP parliamentary party meeting Tuesday that the move could have an adverse impact on the party’s support base in UP. BJP leader L K Advani was learnt to have asked Leader of Opposition in Rajya Sabha Arun Jaitley to explain the rationale behind supporting the Bill. Sources said Jaitley argued that the party can claim credit for its intervention that got the government to introduce amendments to provide a ceiling of 22 per cent, and incorporate principles of efficiency by way of annual confidential reports for SC, STs for availing promotions. BJP sources said former party president Rajnath Singh too is opposed to the Bill. “Even MPs from Madhya Pradesh and Bihar are against it. The government will face the music when it brings the Bill in Lok Sabha,” a BJP MP said. BJP MPs said the party’s firebrand MP from Gorakhpur, Yogi Adityanath, has described the move as “dacoity in the name of social justice”, and indicated that he may not hesitate to voice his opposition in Lok Sabha. Former UP BJP chief Surya Pratap Shahi too had warned the party leadership on the Bill. http://m.indianexpress.com/news/day-after-vote-scst-promotion-quota-bill-roils-bjp-from-within/1047360/

 

---------- Forwarded message ----------
From: Babubhai Vaghela <vaghelabd@yahoo.com>
Date: Tue, Dec 18, 2012 at 6:46 AM
Subject: Prime Minister - Repeal Article 335 of 1949 unless Govt furnish Data & Documentary Evidences on the "Efficiency of Administration"....
To: Prime Minister Govt of India <pmosb@pmo.nic.in>
Cc: Chief Secretary to GoG Gandhinagar <csguj@gujarat.gov.in>, riseindiarise@googlegroups.com, Vaghela B D <vaghelabd@yahoo.com>, feedback2chairman@iocl.co.in, right-to-information-act-2005 <Right-to-Information-Act-2005@googlegroups.com>, India Law Offices New Delhi <indialawoffices@airtelmail.in>, Secretary DoPT <secy_mop@nic.in>, office@tharoor.in, shashi.tharoor@sansad.nic.in, Union Minister for HRD <hrm@sb.nic.in>, "Shri Alok Rawat Secretary (Coord & PG) PG PMO" <secypg@nic.in>, Cabinet Secretary to Government of India <cabinetsy@nic.in>, Supreme Court of India <supremecourt@nic.in>, Pranab Mukherjee President of India <presidentofindia@rb.nic.in>


Dr Manmohan Singh,

Prime Minister, GOI,

New Delhi

 

Dear Sir,

 

In the subject matter, I would like to know:

1.      As to how does the Government define "Efficiency of Administration" in connection with the affairs of the Union or of a State.

2.      Since 1949, in case the Govt has measured "Efficiency of Administration", please furnish the study data to show as to how efficient is the Administration of the Union and the States.

3.      Relevance of Caste or Creed or Race or Religion in the matter of "Efficiency of Administration" in connection with the affairs of the Union or of a State.

4.      Name the Caste or Creed or Race or Religion that claim to born with Merit.

5.      Name the Caste or Creed or Race or Religion that is not born with any Merit.

While concluding, I would like to know from the Prime Minister as to why Article 335 in The Constitution Of India 1949 should not be repealed. 

 

Regards,

 

 

--
(Babubhai Vaghela)
C 202, Shrinandnagar V, Makarba Road Vejalpur, Ahmedabad - 380051
M -  94276 08632
http://twitter.com/BabubhaiVaghela
About me at - http://bit.ly/9xsHFj
http://www.youtube.com/user/vaghelabd
(Administrator - Google Group - Right to Information Act 2005)
http://groups.google.com/group/Right-to-Information-Act-2005/about?hl=en

Central Government Act
Article 335 in The Constitution Of India 1949
335. Claims of Scheduled Castes and Scheduled Tribes to services and posts The claims of the members of the Scheduled Castes and the Scheduled Tribes shall be taken into consideration, consistently with the maintenance of efficiency of administration, in the making of appointments to services and posts in connection with the affairs of the Union or of a State.

 

CC : Mr Shashi Tharoor, Union Minister, HRD, New Delhi.

 

CC : Mr Justice Altamas Kabir, Chief Justice of India, New Delhi.

 

CC : Shri Pranab Mukherjee, President of India, New Delhi.

 

WWW : http://indiaagainstcorruption.net.in
Post: iac@lists.riseup.net
Quit: iac-unsubscribe@lists.riseup.net
Help: http://help.riseup.net/lists/

WWW : http://indiaagainstcorruption.net.in
Post: iac@lists.riseup.net
Quit: iac-unsubscribe@lists.riseup.net
Help: http://help.riseup.net/lists/