OBC quota: Left describes SC stay as unfortunate

New Delhi, Oct 17 (UNI) Dubbing as " unfortunate" the Supreme Court order staying implementation of the 27 per cent reservation for the OBCs in admission to educational institutions, the Left parties today stressed that the apex court should not try to infringe on the rights of the legislature.

Stating that obviously the Supreme Court is crossing its jurisdiction, the CPI, CPI(M) and Forward Bloc said the government was responsible to Parliament in the context of separation of powers as enunciated in the Constitution.

The Supreme Court on Monday said the policy of reservation, sought to be implemented by the government providing 27 per cent reservation to the OBCs in admission to educational institutions, should not be enforced until a final decision on the petition, challenging the policy, was taken by it.

The Apex court also directed the government to place in a" sealed cover" a copy of the report of the Parliamentary Standing Committee before the court.

Talking to UNI, CPI General Secretary A B Bardhan said if the judiciary insisted on getting the parliamentary Committee recommendations before it is placed before Parliament, obviously the Court is crossing its jurisdiction.

"The Constitution is very clear on the functioning of various wings of the governing system, be it the legislature, the executive or the judiciary. The apex court should not try to infringe on the rights of the legislature," said Mr Bardhan.

CPI National Secretary Shamim Faizi said the government is responsible to Parliament and that it has every right to formulate policies on its own.

"The Supreme Court can only review it in the context of its constitutionality. It can not put pre- condition on government about policies." CPI Floor leader in the Lok Sabha Gurudas Dasgupta said," I can not comment on a judicial pronouncement but sometimes it appears that the rights of Parliament are sought to be curbed.'' "I think Parliament is strong enough to defend itself," the seasoned parliamentarian added.

CPI(M) senior leader Nilotpal Basu said the court direction amounted to the encroachment on the rights of the Parliament, which has every right to enact laws. " This is the exclusive prerogative of the executive." On the Court asking for the Report of the Standing Committee, the CPI(M) leader said it is the property of the Parliament as far as the constitutionality is concerned.

Meanwhile the CPI(M) Polit bureau said in a statement that it was" surpised" at the Court's direction.

"In a law making process, the government's role is limited to the introduction of the legislation and once this is done, it becomes a property of the legislature. Its passage and amendment is decided by the Parliament," the statement said.

The parlimamentary standing committee is a body set -up by the Parliament enjoying the powers and exclusively accountable to the Parliament itself and through it to the sovereign- the people of the country.

"The government or anybody else has no ownership over the report of the Standing Committee till it is placed on the table of the House and becomes public.'' Mr Basu argued that the court should not put pre condition or try to influence the Parliament decision.

Forward Bloc national Secretary G Devrajan said it was unfortunate that the apex court had decided this way because the bill was already under the scrutiny of the Standing Committee of the Parliament.

"During the debate in the House it was revealed that cutting across party affliation all the MPs supported the reservation policy bill and it will be passed in the Winter session," he said.

The Left leaders also made it clear as for as the decision to implement the policy is concerned, it will be implemented only in the next academic session.

The leaders said they did not find any lacuana and lack of coordination. The apex court's order would further create confusion, they added.

UNI KSA RP DS1540