The Joint Action Committee (All J&K General Category Sabhas and Biradaris; District Kathua) organized a mass protest rally in Kathua exhorting all right thinking people to raise their voice for the implementation of Hon’ble J&K High Court’s Judgment declaring ‘Reservation in Promotions’ as unconstitutional and illegal. The committee forthwith declares that this fight against injustice and reverse discrimination is not targeted against any community, caste or creed. Any attempt by anyone to politicize and trivialize this fight against injustice as an inter community clash will be condemned in the strictest possible manner.
We are for the implementation of J&K High Court’s Judgment because of the following reasons:
1. Reservation in Promotions is “Reverse Discrimination” coupled with “Administrative Inefficiency” which is against National Interest.
2. It disturbs the balance between Equality and Positive Discrimination.
3. It obliterates the Constitutional Limitations namely ceiling limit of 50% (quantitative limitation) and the concept of creamy layer (qualitative limitation) and hence dents upon the basic structure of the Constitution.
4. Dr. Ambedkar had always dreamt of an egalitarian and just society which could not be achieved by affecting the basic structure of the Constitution.
5. Under Article 335 of the Constitution, State has to keep in mind the overall efficiency of the administration. Reservation in promotions impinges upon administrative efficiency and ends up in a double whammy.
6. There is no quantifiable data with the state to show backwardness and inadequacy of representation, the parameters which are required to be identified and measured for framing policies regarding Affirmative Action. Consequentially politicians are taking positions based upon their vote bank politics thereby jeopardizing Public and National Interest.
7. Reservation in promotions is ‘Reservation within Reservation’ which affects the equality code indicated in Articles 14, 15 and 16 of the Constitution.
8. Equality of opportunity doesn’t mean equality of outcome. Reservation in promotions seeks to achieve equality of outcome which is against the basic structure of the Constitution.
9. Article 16 (4A) which is the enabling provision for allowing Reservation in promotions is not applicable to the State of J&K and finds no mention in the Constitution of J&K.
The Committee also seeks the support of intellectuals, social workers, other activists and people from every strata of the society in National Interest. The committee firmly believes that in the absence of an efficient administrative setup, eradicating backwardness and poverty will remain a distant dream.
The Committee reinforces its commitment for the welfare of the poor, needy, backward and the downtrodden and exhorts the well-off and creamy layer within the backward classes to do the same.
We are for ‘Affirmative Action’ which is a sine qua non of Inclusive Development but we are against ‘Political Conspiracy’ and ‘Reverse Discrimination’ which may degenerate a peaceful Nation into a divided house.
The Joint Action Committee supports the demand of All J&K General Category Employees Welfare Forum for immediate implementation of Hon’ble High Court’s Judgment for No Reservations in Promotions and quashing of all illegal orders issued therein.
Convener (Joint Action Committee)