Indra Sawhney And Ors. vs Union Of India (Uoi)

1. Three out of us sitting as a Bench on the 21st September, 1990, made an order after hearing parties where we had indicated that the decision to implement three aspects of the recommendations of the Mandal Commission was a political one and ordinarily the Court would not interfere with such a decision.

2. This is what we had said there "lot of emphasis has been laid on either side on the human factor. It was particularly brought to our notice that subsequent to the order of 11th September, 1990, agitation has spread into every nook and corner of the country and public life has been disturbed; human lives have been lost and Government property has been damaged and destroyed. While we lake notice of it, we are of the view that there is no particular necessity for judicial interference on that sole ground."

3. Thereafter, we had made an appeal to the entire nation that the matter was being adjudicated by this Court and everybody's rights would be worked out when the matter is heard and nothing shall impede this Court from working out the rights of parties and giving such relief as is ultimately adjudicated to be due.

4. This petition on behalf of the Supreme Court Bar Association has been brought up by highlighting incidents which have taken place after that order was made.

5. We have heard learned Counsel on either side at considerable length. We have also listened to interveners and parties in person.

6. The learned Attorney General had told us on the earlier occasion that identification of castes would take about two to three months. It is not in dispute that until such identification is made no further steps for conferring benefits contained in the Government's order dated 13th August, 1990 can at all be worked out.

7. At the request of counsel for all the parties we propone the hearing of the matters from 6.1.1.1990 to 25.10.1990. We are of the view that till the end of November there would be no occasion for proceeding with the implementation of the Government Order excepting identification of the castes to be benefited,

8. In fact the real implication of the order of 21.9.1990 was that there was nothing going to happen before the matter was heard by this Court. We would, however, reiterate without taking into consideration the submissions with reference to the happenings after the 21st September that the identification of the castes shall continue but until the matter is heard and we expect it to be finished before the end of the year - no further steps should be taken. No other steps to implement the order of 13.8.1990 shall be taken.

9. The earlier order relating to recruitment of doctors by U.P.S.C. is left unaffected as the question of reservation shall not arise until after the written examination.

10. We make it clear that we expect that law and order situation shall immediately improve, both parties shall take our appeal seriously and restore peace so that the hearing of the matter can be taken up by this Court in an appropriate atmosphere.

11. We reiterate that the legitimate interest of every backward class shall be appropriately protected. We make it further clear that the order made today is only a clarification of the order made on 21st September, 1990 bringing out the real purport.

12. Learned Attorney General in course of his submissions has clarified that prevailing benefits of reservation for the handicapped have not been affected by the Government Order.

13. All the interlocutory applications for intervention filed till today shall be accepted by the Registry.

14. List the matters on 25.10.1990.

15. The full text of our order shall be immediately released to the Press and the Government controlled media for the purpose of transmission to the public at large.