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We have ‘Judiciary in India’ and not ‘Judiciary of India’: Sthabir Khora

sthabir khora ews meet

  Sthabir Khora (Transcript of his speech at the ‘Discussion on the Constitutionality and Progressiveness of the EWS Quota for the so-called Upper Castes and the Repercussions for the SC/ST/OBC/Pasmanda Representation‘ held on 25th of Feb, 2019 at the Mumbai Marathi Patrakar Sangh, Fort, Mumbai.) Jai Bhim to all, Jai Bhim. The Honorable Mane sir, Kuffirda, …

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50% ceiling on reservation – can efficiency override justice

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  Sthabir Khora The supreme court has fixed 50% as the limit of reservation. It hasn’t enlightened the populace about the rationale and the jurisprudential principle involved in it. While there are academic acrobatics around reservation and creamy layer there is no deliberation around this. It appears that the logic of 50% ceiling on reservation …

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Creamy layer- Jurisprudence in the air

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  Sthabir Khora Rudolf von Jhering as a reaction to Puchta contrasted “jurisprudence in the air,” with “jurisprudence of realities.” Drawing from Savigny’s connection between law and other aspects of social life he construed that law had been produced by efforts to realize a social purpose. Such a purpose was always practical. Law had then …

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Reservation and the Creamy Layer Principle – Solving the Puzzle

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  Sthabir Khora The issue of creamy layer among SC/ST has finally reached the Supreme Court (http://www.thehindu.com/news/national/plea-to-exclude-scst-creamy-layer-from-quota/article22544974.ece). There is no escape from debating this issue now. Social issues always have more than one side. The issue of creamy layer has already been discussed by a few – against creamy layer (Chaudhury, 2004; Srinivas, 2007; Sundaram, …

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Judicial Independence or Sovereignty!

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  Sthabir Khora Recently 4 judges of the collegium in the Supreme Court accused the chief justice of misuse of his discretion. (https://timesofindia.indiatimes.com/india/live-updates-unprecedented-press-conference-by-4-senior-sc-judges/articleshow/62470543.cms). In this context, Upendra Baxi, quotes the Austrian jurist Eugene Ehrlich- “The best guarantee of justice lies in the personality of the judge.(http://indianexpress.com/article/opinion/columns/when-judges-dissent-supreme-court-crisis-5029057/). It’s not difficult to imagine what he is fending …

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Patel agitation and the rationale behind SC/ST reservations

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  Sthabir Khora The patel agitation has reignited the anti-reservationists. The anti-reservationists thrive on popular, superfluous, ahistorical arguments about merit, justice and the state. The demand by well-off communities like Patels, Jats and others has created a sort of desert storm – that everyone deserves reservation. I will take up the following principal ahistorical arguments …