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सेमिनार: अंग्रेज़ी सीखने का अवसर (23 सितंबर: दोपहर 3 बजे)
Q. Reservations in Judiciary: Comment on Bihar Governments decision to extend reservation in superior Judiciary.
Jan 02, 2017 Related to : GS Paper-2

Ans :

Introduction-

Recently the Bihar Government has decided to introduce a 50% job quota for scheduled castes (SC), scheduled tribes (ST) and backward classes (BC) in the both superior and subordinate judiciary. The state government has cleared reservation policy with immediate effect in consultation with the Patna high court and the Bihar Public Service Commission (BPSC).

Background-

  • In Bihar, earlier there was no provision for reservation in the appointment of judges to the superior judicial service.
  • In case of subordinate judicial service (under which munsif magistrates are recruited) there was reservation of 27% for SC, ST and MBCs. 

Analysis-

  • The objective behind reservation policy in India is to create genuine level playing field in various institutions. An affirmative action is needed in a country of vast inequities like India. 
  • Reservations are meant only to give a disadvantaged section a leg up. Hence the priority should be to give the SCs and STs, as well as other needy groups, access to affordable quality education.
  • But appointments to the judiciary should be made only on merit as the consequences of taking in unsuitable candidates to fill reservation quotas can be detrimental and will dilute standards in an institution which requires rigour and excellence.
  • The system of reservations in India which was temporary as an empowering measure has transformed into an entitlement today. It has become a political tool meant to appease various communities and castes. Today it is driven by vote-bank politics
  • In a present globalised world, policies of government should be driven only by merit. Quotas in perpetuity will do nothing to add value to crucial institutions like the judiciary. 
  • In recent times we have seen many vested interest groups held governments and political parties to ransom with their unreasonable demands for reservation. 
  • In this background government should promote equity through providing quality education instead of promoting reservation in jobs. In India the judiciary as an institution still commands respect across the board. Bringing in reservations in judiciary will set a dangerous precedent.

Conclusion-

The Bihar Governments move to extend reservations in superior judiciary will only promote vote bank politics, but not equity. Instead of reservation in judiciary, government would have promoted quality education. In a globalised world merit should be criteria, not reservation. 


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