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9788129113696
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How Parliament debated Reservations 1995-2007

Affrmattive 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 parlimentary 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, albeit to please political banks. An inevitable clash ensued.From 1995 to 2007, there were five constitutional amendments on quota reservations to reverse court decisions.Having fought hard for supremacy in all ares 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 judgements are unreadable and complex, parliamentary debates are often hilarious, unsystematic, irrelevant, amusing and boring.

ISBN 9788129113700
Author Rajeev Dhavan
Language English
Page count 319

Categories: Politics History Literature

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