During the last 40 years in India, politics has been divided into regional and mainstream parties. The mainstream party was the only one dominated by a family. Under its shelter, every state advanced state-level family powerhouse. They are still inter-alia in Uttar Pradesh, Bihar, Rajasthan, Jammu and Kashmir, West Bengal, and Telangana. However, the said respective families would oppose state elections and partner in the central government. This continued for decades. Slowly people realised that there is a change in voting tendency. Well, let’s migrate to the topic under discussion to the current situation as the country will go for Lok Sabha elections in 2024.
The small local regional parties referred to in para hereinabove along with the mainstream party formed an alliance. They named it as INDI Alliance. This INDI Alliance has introduced a new idea to fetch more votes. They have proposed that rights on the national resources will be as per the population of a caste. A caste having a larger population should get more facilities. During the tenure of UPA erstwhile Prime Minister said that it is in particular Muslims who has first right to the resources of this country. Please see the link
India has seen division in 1947. A bloody partition based on religion. Millions. Many shed lives and were martyred and many children lost while crossing the border.
Nehru became the first PM of independent Bharat.
INDIA WAS BORN
We have a constitution in force. Our constitution gives equal opportunity to all.
Let us see what it provides:
Article 13. Laws inconsistent with or in derogation of the fundamental
(1) All laws in force in the territory of India immediately before the commencement of this Constitution, in so far as they are inconsistent with the provisions of this Part, shall, to the extent of such inconsistency, be void.
(2) The State shall not make any law which takes away or abridges the rights conferred by this Part and any law made in contravention of this clause shall, to the extent of the contravention, be void
Article 14. guarantees Equality before the law. —The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.
Article 15. Prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth
(1) The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth, or any of them.
(2) No citizen shall, on grounds only of religion, race, caste, sex, place of birth, or any of them, be subject to any disability, liability, restriction, or condition with regard to— a) access to shops, public restaurants, hotels and places of public
(b) the use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of State funds or dedicated to the use of the general public.
(3) Nothing in this article shall prevent the State from making any special provision for women and children.
[(4) Nothing in this article or in clause (2) of article 29 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes.]
[(5) Nothing in this article or in sub-clause (g) of clause (1) of article 19 shall prevent the State from making any special provision, by law, for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes or the Scheduled Tribes in so far as such special provisions relate to their admission to educational institutions including private educational institutions, whether aided or unaided by the State, other than the minority educational institutions referred to in clause (1) of article 30.]
[(6) Nothing in this article or sub-clause (g) of clause (1) of article 19 or clause (2) of article 29 shall prevent the State from making,—
(a) any special provision for the advancement of any economically weaker sections of citizens other than the classes mentioned in clauses (4) and (5); and
(b) any special provision for the advancement of any economically weaker sections of citizens other than the classes mentioned in clauses (4) and (5) in so far as such special provisions relate to their admission to educational institutions including private educational institutions, whether aided or unaided by the State, other than the minority educational institutions referred to in clause (1) of article 30, which in the case of reservation would be in addition to the existing reservations and subject to a maximum of ten percent. of the total seats in each category.
However, Parliament is free to make laws for Schedule Caste, Schedule Tribes, Other backward class, and economically weaker sections. Initially, it was for 10 years and thereafter it was extended from time to time by every government till date.
But there is no provision in Article 15 that a community or religion will get rights as per population. If all INDI alliance endorses the view, then it will breach the constitution’s sanctity of the Constitution of India. It is nothing but open division and threat to other castes and classes of people which may in the future result in another series of bloodshed after Hindu-Muslim. I think CJI Chandrachud should take Suo motu cognizance and act immediately to stop this poison of division on the basis of caste and religion and debar such leaders and parties permanently from contesting elections.
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4th October 2023