Role of judiciary in SEBC reservation .... class 9 civics .. CBSE
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democracy, the rulers have to follow some rules and procedures. They have to work with and within institutions. In this process, they come across three institutions that play a key role in major decisions. These institutions are legislature, executive and judiciary. In this chapter, we will understand how all the institutions together carry on the work of the government.
Process Of Taking A Major Policy Decision
A major policy decision is taken through a government order. To know the process of taking a major policy decision, it is important to know about government order and its issuing.
A Government Order
* Issuing of Government Order A government order is a written direction on an issue signed by a government authority (office). e.g. On 13th August, 1990 the Government of India issued an order. It was called an Office Memorandum. It had a specific number. It was signed by the Joint Secretary, who is an officer in the Department of Personal and Training in the Ministry of Personal, Public Grievances and Pensions.
* Decision Announced by an Order The order announced a major policy decision. According to the order, 27% of the vacancies in civil posts and services of government were reserved for SEBC (Socially and Educationally Backward Classes). Earlier benefit of job reservation was available to Scheduled Castes (SCs) and Scheduled Tribes (STs). Now the third category SEBC was also eligible for quota of 27%.
* Controversy Over the Order The issuing order led to the country wide protest. Some of the protests were violent- As a result, the issue became the most debated in the media with different views and opinions. The people reacted strongly because this decision affected thousands of job opportunities.
* Appeal to Stop Implementation of Order Some person and associations filed a number of cases in courts against the order. They appealed to declare the order invalid and stop its implementation. This case came to be known as the Indira Sawhney and Others vs Union of India Case.
* Supreme Court’s Declaration Over the Order By a majority, the Supreme Court in 1992, declared the order valid. It also asked the government to identify its original order.
* Modifications in Order and End of Dispute The order was modified and declared that well-to-do persons of backward classes should be excluded from the benefit of reservation.
On 8th September, 1993 another memorandum was issued by the Department of Personal Training. Since then, the dispute ended and the same policy was followed.
Main Events before the Passing of Government Order
The main events before the passing of Government Order for OBC reservation were as follows
* The Government of India had appointed the Second Backward Classes Commission in 1979. It was neaded by BP Mandal. Hence, it was popularly called the Mandal Commission.
* The Commission gave its Report in 1980 and made many recommendations. One of these was that 27% of government jobs be reserved for the socially and economically backward classes. For several years, many parliamentarians and parties, kept
* Then came the Lok Sabha election of 1989. in its election manifesto, the Janata Dal promised that if voted to power, it would implement the Mandal Commission report.
* The Janata Dal did form the government after this election.
It’s leader VP Singh became-the Prime Minister and he implemented it.
Process Of Taking A Major Policy Decision
A major policy decision is taken through a government order. To know the process of taking a major policy decision, it is important to know about government order and its issuing.
A Government Order
* Issuing of Government Order A government order is a written direction on an issue signed by a government authority (office). e.g. On 13th August, 1990 the Government of India issued an order. It was called an Office Memorandum. It had a specific number. It was signed by the Joint Secretary, who is an officer in the Department of Personal and Training in the Ministry of Personal, Public Grievances and Pensions.
* Decision Announced by an Order The order announced a major policy decision. According to the order, 27% of the vacancies in civil posts and services of government were reserved for SEBC (Socially and Educationally Backward Classes). Earlier benefit of job reservation was available to Scheduled Castes (SCs) and Scheduled Tribes (STs). Now the third category SEBC was also eligible for quota of 27%.
* Controversy Over the Order The issuing order led to the country wide protest. Some of the protests were violent- As a result, the issue became the most debated in the media with different views and opinions. The people reacted strongly because this decision affected thousands of job opportunities.
* Appeal to Stop Implementation of Order Some person and associations filed a number of cases in courts against the order. They appealed to declare the order invalid and stop its implementation. This case came to be known as the Indira Sawhney and Others vs Union of India Case.
* Supreme Court’s Declaration Over the Order By a majority, the Supreme Court in 1992, declared the order valid. It also asked the government to identify its original order.
* Modifications in Order and End of Dispute The order was modified and declared that well-to-do persons of backward classes should be excluded from the benefit of reservation.
On 8th September, 1993 another memorandum was issued by the Department of Personal Training. Since then, the dispute ended and the same policy was followed.
Main Events before the Passing of Government Order
The main events before the passing of Government Order for OBC reservation were as follows
* The Government of India had appointed the Second Backward Classes Commission in 1979. It was neaded by BP Mandal. Hence, it was popularly called the Mandal Commission.
* The Commission gave its Report in 1980 and made many recommendations. One of these was that 27% of government jobs be reserved for the socially and economically backward classes. For several years, many parliamentarians and parties, kept
* Then came the Lok Sabha election of 1989. in its election manifesto, the Janata Dal promised that if voted to power, it would implement the Mandal Commission report.
* The Janata Dal did form the government after this election.
It’s leader VP Singh became-the Prime Minister and he implemented it.
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