Sachar committee report challenged in Supreme Court | may violating Article 14 15 16 77 and 340 of Indian constitution

Sachar committee report challenged in Supreme Court | may violating Article 14 15 16 77 and 340 of Indian constitution

A public interest litigation(PIL) was filed in Supreme court of India by UP residents alleging that the Sachar committee report is Unconstitutional and violation of the morality of Indian constitution. The PIL is rdafted and filed in Supreme Court by the respected Advocate Vishnu Shankar Jain.

Q. What is sachar committee?

The sachar committee was established by Monmohan Singh led UPA government. The committee was headed by former Chief justice of Delhi High court justice Rajinder Sacher.

 

Q. Who were the members of Sacher committee?

There were seven members in the Sachar committee and it was headed by Justice Rabider Sacher. Other members from the so called community were 

1. Sayyid Hamid 

2. M.A Basith 

3.  Akhter Majeed 

4. Abu Saleh Shariff 

5. T.K Ommen and a non muslim member Rakesh Basant.

The former PM Manmohan Singh also appointed a Special duty officer Syed Zafar Mahmood in the Committee.

Q. When the committee was formed?

The committee was formed in 2005 by Monmohan Singh led UPA government.

Recommendation made by Sachar committee?

The committee’s main aim was to submit a report to the UPA government about social economical and educational status of the Muslim community in India.

Q. When it was first challenged?

In 2013 the Government of Gujrat challenged Sachar committee report citing that it is violating the constitution of India specially article 14,15,16 of the constitution with that secular nature of Indian constitution.

Q. What are the grounds for challenging Sachar committee report in Supreme Court?

Arguments which are kept before the Supreme court are

. A1. All executive actions of the Union government are to be taken in the name of the President of India and sachar committee violates article 77 of the Constitution as it was formed by the order of the then PM Manmohan Singh. 

    2. The committee’s report violates the Article 14 of the constitution which guarantees equality before law and equal protection of law to every Indian citizen. The report somehow broke the equality and displayed muslim community a special status. 

    3. The committee’s report suggested to give more employment opportunity to Muslim community based on their religion which violates the Article 1 of the constitution of India. 

    4. Based on Sachar committee’s report state to favour only muslim community and discriminate other religious community like Hindu( which constitute more than 80% of the population of Bharat i.e. Hindustan). The constitution of India guarantees that state shall not discriminate based on religion caste sex etc. 

    5. Education is guaranteed by Article 21A of Indian constitution. There is no special requirement of education policy for Muslim community. 

    6. According to Article 340 of Constitution of India only the president has the power to appoint commission to investigate the condition of backward class but sachar committee was formed beyond such provision.

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