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Thursday, Oct 26, 2006
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Protect rights of creamy layer: Paswan

Special Correspondent

Ram Vilas Paswan

NEW DELHI: Union Minister and Lok Jan Shakti Party (LJP) leader Ram Vilas Paswan on Wednesday asked the Union Government to amend the Constitution to protect the rights of the creamy layer of the Scheduled Castes/Scheduled Tribes in reservation in public employment.

Addressing newspersons here, Mr. Paswan called for the representation of the SCs and the STs in the higher judiciary and the setting up of a National Judicial Commission, which should have representatives of the SCs and the STs, other backward classes (OBCs) and minorities.

The Union Minister said a five-member Bench of the Supreme Court last week passed the judgment for their exclusion. On the other hand, a nine-judge bench of the apex court "made it clear" in the Mandal judgment that exclusion of the creamy layer principle was applicable only to OBCs.

"So, in our view, the nine-judge order in the Mandal case is binding and the decision taken by the five judges cannot overrule it. The LJP demands that in view of last week's judgment, the Union Government should make necessary amendments in the Constitution," he said.

In the light of the Supreme Court holding that Articles 15 (4) and 16 (4) of the Constitution are enabling provisions, the LJP leader demanded that it should be made mandatory for States to make the necessary rules to protect the rights of the SCs/STs. Article 15 (4) asks States to make special provisions for reservation of posts for advancement of socially and educationally backward classes of citizens or for the SCs/STs.

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