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Patna, (BiharTimes): The Rashtriya Janata Dal on Friday claimed that it was its government which introduced reservation for the backward castes in judiciary, but it was rejected by the judiciary. Similarly, the LJP chief Ram Vilas Paswan also questioned the legal validity of the move.
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According to the RJD spokesman and law minister in Lalu-Rabri cabinet, Shakeel Ahmed Khan, the process of reservation in judiciary began way back in 1991 when the then Lalu government introduced Bihar Reservation of Vacancies in Posts of Services (SC/ST/OBCs), 1991 in which Section 4 providing for reservation to SCs, STs and backward classes in subordinate and superior judicial services was included.
He said the amended Act was challenged in the Patna High court and annulled. Upon this the then state government moved the Supreme Court where the matter was referred to a five-judge Constitutional bench. The majority judgment in the case `State of Bihar Vs Bal Mukund Sah, given on March 14, 2000, maintained that the state government can introduce quota in judicial services provided the rules are framed and subject to the approval of the honourable high court. He said the RJD regime framed the rules and sent it to the high court for its approval but the same were turned down.
The former minister, who is also a high court lawyer said, that RJD chief Lalu Prasad was instrumental in getting the Mandal Commission recommendations implemented in the state. If the Nitish government is implementing the reservation in judiciary, it has become possible because of the ground work done by the previous regime.
Meanwhile, the LJP president Ram Vilas Paswan questioned the legal validity of Bihar government’s decision to provide reservation for Backward Classes (BCs) in state judicial services.
Paswan also said that the decision for making reservation in Bihar Judicial Service was in fact taken by the erstwhile RJD dispensation. The decision, however, was turned down by the Supreme Court which asked the then state government to prepare a detailed guideline and submit the same to the Patna High Court which too rejected the government’s proposals.
He asked the Chief Minister Nitish Kumar to explain whether he has prepared fresh guidelines and taken the court’s nod in notifying reservation for backward castes in Bihar Judicial Services. If not then the move is nothing but a political stunt aimed at approaching assembly elections.
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