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Judge and justice

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    The CPM has been expressing its displeasure at various judicial pronouncements. The latest issue of People’s Democracy gives substantial space to the issue.

    An article, ‘Mr Justice, We Want Social Justice’, says “... the very first amendment to our Constitution was necessitated by the reluctance of the Supreme Court to allow reservations for the SC, STs in education.”

    Explaining the reasons behind the amendment, Pandit Jawaharlal Nehru stated “In order that any special provision that the state may make for the educational, economic or social advancement of any backward class of citizens may not be challenged on the ground of being discriminatory, it is proposed that Article 15(3) should be suitably amplified”. This amendment, argues the article, also led to the insertion of the Ninth Schedule in the Constitution to safeguard land reform legislation. “Unfortunately even after more than 55 years of the first amendment to the Constitution there are many ‘challenges’ for any special provision that is enacted for the advancement of the backward sections in our country”, it says.

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    Though the CPM had resolutely opposed the line put forth by P.C. Joshi, a general secretary of the undivided communist party whose birth centenary is being celebrated this year, both CPI and CPM are together celebrating the event. “...it will be unhistorical and unmarxist to deny his role and contribution to the building of the party and developing a Marxist outlook, particularly in the nineteen thirties and forties. As such, he must be ranked as one of the main leaders who built the Communist Party”, writes CPM general secretary Prakash Karat. Joshi has to be given due credit for the building of the all India Communist Party and the development of its mass base, he says.

    ... contd.

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