PLEA FILED IN SC AGAINST VALIDITY OF SACHAR PANEL FORMED BY EX-PM

NEW DELHI: A petition has been filed in the Supreme Court questioning the authority by which former prime minister Manmohan Singh constituted the Justice Rajender Sachar Committee in March 2005 to report on the social, educational and economic status of Muslim community in the country.

The petition filed by five individuals led by Neeraj Shanker Saxena claiming to be followers of Sanatan Vedic Dharm said, “The notification dated March 9, 2005 issued from the office of Prime Minister nowhere mentions that same was being issued after any Cabinet decision. Thus, it is clear that the then Prime Minister on his own whims issued the direction appointing the Committee to enquire into the social, economic and educational status of Muslim community whereas by virtue of Articles 14 and 15 no religious community can be treated separately.”

The committee headed by former Delhi high court chief justice Rajender Sachar submitted its report to the Government of India on November 17, 2006 suggesting a host of recommendations to improve the education, employment and economic standards of Muslims keeping in mind their low representation in government jobs. “The appointment of Sachar Committee was made in violation of Article 77 of the Constitution of India and is unconstitutional and illegal,” said the petition filed through advocate Vishnu Shankar Jain. It also sought an order to restrain the Government from acting upon the report.

“The power to appoint a commission to investigate into the conditions of socially and educationally backward classes vests with the President of India under Article 340 of the Constitution of India,” the petition in the top court added.