Judgement on Reservation in super specialty courses :

Former CJI ( Chief Justice of India ) Altamas Kabir on his last day , delivered judgement relating to admission in  AIIMS ( All India Institute of Medical science ), Delhi which implied cancellation of reservation in specialty and super specialty courses.This has infuriated  politicians and they are taking efforts to nullify this.

There are two arguments presented against this judgement , ( taken from politicians' statements )

1.Future of the country is decided by Five people (judges) or majority of the people of India which is through Parliament ? Lets dissect / analyze

•  If the heart of the people and heart of the elected representatives are one and same , Why still majority of the people do not think politicians as honest , self less and not even as easily approachable of friendly nature and to contrary look at them as richer - a higher class of society ?

• When people do not have the right choice who they can represent willfully , they tend to go with available choices thinking, "anyway this political / government set up is not going to change anything in our lives"  

• Election to the majority of the people of this country is just few minutes contemplation of political choices they have, that too that contemplation is not continuous but in bits and pieces over a period of time , influenced by vicious poverty circle of poor,survival efforts of middle class, religious,race,caste and lingual fanaticism,film fantasies and deceptive tactics on all these by politicians.     

• Many of the educated , aware young population who belongs to the new generation and     some others are not coming to Poll booths. 

Given above facts , how can one say Parliament is true representative of the majority of the people?

2.Second argument : Reservation is a means to remove social inequality - lets dissect this also , 

Define Social inequality : It is characterized by least class of job given to section of people in the economic order , undignified social status associated with it and insufficient income to meet daily needs.I think possibly this could be the correct definition at least in essence.

To remove this, reservation is being already provided in all government jobs ( grade A,B,C ) and undergraduate admissions in all government run and endorsed institutions - particularly in professional courses viz .. B.E ,M.B.B.S,B.L etc.., 

We accept this social equality but ,

Doesn't it mean to be irrational , if super specialty courses Viz.. Post graduate,Research courses etc.,  which are not necessary for a person to come out of backward socio - economic status and which are so scarce and for which students are working that hard , are given to reservation ?


Moreover nowadays politicians often speak of paramountcy of parliament over Judiciary as if it is legally correct .


Then Why do our constitutional framers designed fundamental rights and protection against executives ( governments ) on encroaching upon those rights of citizens through writ petitions via court ? This is just one example of provisions present in our constitution because of  such apprehensions had by framers of constitution , who had descended from the selfless struggle for Indian independence and not like these politicians who use politics for their luxurious living.


Politicians need to learn that our constitution implies that judiciary in our country is not just the keepers of the laws being made by parliamentarians but also the preservers of the constitution - the organic law.


Constitution is the paramountcy in our country and could possibly be in any republic democracy ( people being the head of the government against monarchy ).