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Monday, July 23, 2018

Constitutional amendment to annul SC order on quota in AIIMS faculty

Sibal said if the order is not annulled,govt will bring a constitutional amendment in Parliament.

Written by PTI | New Delhi | Published: August 14, 2013 1:23:20 pm

Amid demands from various parties,government today said in Lok Sabha that it will consider bringing a constitutional amendment in the current session of Parliament to annul a Supreme Court order against reservation for faculty in super speciality section in AIIMS.

AIIMS quota order by SC lays down merit line

Speaker Meira Kumar set aside the agenda for Question Hour and took up the AIIMS reservation issue and asked members from different parties to express their views. Most parties suggested the government should bring a constitutional amendment without delay.

Law Minister Kapil Sibal,however,maintained that the government will file a review petition on Monday (August 19) in the Supreme Court seeking revocation of the order against reservation in AIIMS for higher faculty.

MPs slam AIIMS quota order,target ex-CJI

He said if the order is not annulled,the government will bring a constitutional amendment in Parliament. This agitated the members who demanded that the government bring a constitutional amendment at the earliest.

DMK members,led by T R Baalu,trooped into the Well to press for their demand,while members from almost all parties were on their feet in protest. An agitated Sibal said,”Our party has always supported reservations. This right was given by Congress. You all did not give it. On this issue we have taken the initiative.”

As the din continued,the Speaker asked the members to go back to their seats. “The whole House is very agitated over this issue and my suggestion to the government side is that it should think of a constitutional amendment.”

Parliamentary Affairs Minister Kamal Nath failed to pacify the members. “No doubt the House is united on this issue. We will bring a constitutional amendment,” he said. Members shouted in protest and did not allow him to complete his sentence. The Chair,then,adjourned the House till noon.

Earlier,Leader of the Opposition Sushma Swaraj said Supreme Court had given a verdict on an issue which was not before it. Referring to the all-party meeting held yesterday,Swaraj said the government had maintained that it will go for a review petition and if that did not lead to revocation of the order it will bring a constitutional amendment.

She demanded that the Law Minister make the same statement in the Lok Sabha to clear the air. Sharad Yadav (JD-U) said the Supreme Court has intervened not once but “five-six times” on the issue of reservations. Demanding annulment of the SC decision on reservations in AIIMS faculty,he said this is a burning issue and government should clarify. He alleged that Chief Justice Altamas Kabir had given this controversial judgement a day before demitting office.

Mulayam Singh Yadav (SP) said Parliament is supreme and sought to know on what basis the Supreme Court had given this judgement. “No decision can be more biased. This issue should not be reviewed but revoked immediately. This is not a simple issue; it will set the country on fire,” he said.

Dara Singh Chauhan (BSP) maintained that reservations are a constitutional right and not alms given to some people. He said that had the Reservation in Promotion for SC/ST Bill been passed in the Lok Sabha as well this issue would not have arisen.

Sougata Ray (TMC) said the SC judgement is not in consonance with the Constitution and should be revoked. M Thambidurai (AIADMK) said this is an important issue and government should come forward to “rectify” the decision. P L Punia (Cong) told the House that he had met the Law Minister when the AIIMS issue was to come up in the Supreme Court and cautioned him.

“This case proves there is a need for reservation in the judiciary. We need to implement the Indian Judicial Service.

This judgement should be reversed,” he said. Basudeb Acharia (CPI-M) said a month has passed since the SC judgement and the government has not taken any steps. “This opinion of SC is anti-national,” he said. Gurudas Dasgupta (CPI) demanded that government clarify if it is ready to bring constitutional amendment in this session.

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