On December 18, 2009 Salman Khurshid, Minister for Minority Affairs in UPA Government tabled the Ranganath Misra Commission Report on the table of the Parliament. Violating the Constitution as well as the Supreme Court judgment in the Indira Sawhney case it has recommended  reducing job opportunities of all Hindu officials and Hindu Youth at least by 15%, reducing availability of college seats to all sections of Hindu students by 15%, and; disadvantaging SC and ST Hindus by yoking them within their reservation quotas  with Muslims and Christians who enjoy better literacy rate.

One may recall that Salman Khurshid had appeared on behalf of the Students Islamic Movement of India [SIMI] to oppose ban on SIMI as a terrorist organization. SIMI activists have been found to be involved in many terrorist activities.

Para 16.2.16 the Misra Commission reads: " Since the minorities - especially the Muslims - are very much under-represented, and sometimes wholly unrepresented, in government employment, we recommend that they should be regarded as backward in this respect within the meaning of that term as used in Article 16 (4) of the Constitution - notably without qualifying the word ‘backward' with the words "socially and educationally" - and that 15 percent of posts in all cadres and grades under the Central and State Governments should be earmarked for them".

So this recommendation of 15% reservation in jobs has been made by Misra Commission with suggestion to drop the qualifying words ‘socially and educationally' used in Article 16 before the word ‘backward'. In the Indira Sawheny case, the Supreme Court had observed- "It is, therefore, clear that economic criterion by itself will not identify the backward classes under Article 16(4). The economic backwardness of the backward classes under Article 16(4) has to be on account of their social and educational backwardness. Hence, no reservation of posts in services under the State, based exclusively on economic criterion, would be valid under clause (1) of Article 16 of the Constitution."  So the Misra Commission recommendation is totally unlawful as it suggests ignoring the requirements of the Constitution and the Indira Sawhney case law. Misra recommends that if above is not constitutionally feasible 15% may be taken out from 27% rquota of OBCs.

Last update : 17-01-2010 16:01

Keywords : Misra Commission Robs All Hindus, OP Gupta

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