Over the years reservation policy is drifting towards appeasement than justice. There is no limit of its extension. It's being stretched without having any goal in mind. Political parties have made it a plaything to galvanise the sentiment of pro and ante. This policy paralysis is really caught in Hegelian cycle of its completion and return, whereas one day, as I don't think that time is too far, reservation of all is equal to reservation to none, will prevail. The Maratha reservation is a latest example of how things are working. Nobody is concerned about justice. There are all too reservation, but nowhere equality is visible. Equality has been elevated to the "state of exception"(Carl Schmitt, Political Theology). The Orwellian paradox is still visible that "all are equal but some are more equal than others" (George Orwell, Animal Farm). In language of Upendra Baxi, to slightly twist his style of saying, politics for reservation is not bad at all, but politics of reservation is not too impressive, while considering the goal of justice and equality. Indian Constitution does emphasise on distributive justice, especially Art. 14, 15, 16, 39 (b), are 39 (c) are more relevant to this cause. However, Indian policymakers have drifted the objectives of Indian Constitution over the years. All the writings are less objective than ever on this issue.
Aristotle once wrote in his Nicomachean Ethics that there are four significant virtues for human beings, namely Prudence, Temperance, Justice, and Courage. There are a few judges who have courage and sense of justice, both. Hon'ble Mr. Justice Rohinton Nariman has been truly an exemplar judge and erudite historian, theologian and philologist, a great scholar of music as well as a courageous and meticulous jurist of our country. He did his Master of Laws from Harvard Law School in 1980-81 and taught by one of the finest jurists of the last century, Roberto Unger. He became Senior Advocate in 1993 in the age of 37 and also served as Solicitor General of India in 2011 before he was elevated as a judge of the Supreme Court of India in 2014. He delivered many landmark judgments, including Shreya Singhal v. Union of India. There are a few people with whom time moves too fast, but to count that experience takes ages. Justice Rohinton Nariman is one of those great jurists with whom a meet...
Comments
Post a Comment