The Battle Of Wills continues…

Disclaimer: The following post is in no way meant to instigate or suggest contempt of court. For that matter, it is not meant to spread contempt against the government of India, either. (even though, I am actually allowed to do so!)

The Back Story

In a newly formed country called India, in a time not so distant, the citizens set up three bodies which would oversee the working and progress of the Nation. They were (in a particular order) the Legislative,the Judiciary & the Executive. It was hoped and (dearly wished) that the three, with their autonomous yet symbiotic relationship, would work in synch and strive for the nation’s good. And thus, they tried (with varying degrees of success) to bridge the gap between the rich and the poor, between the privileged and the downtrodden, between the ideals and the ground realities. Though History shall be judge of the result of the sum total of their decisions, some of their decisions keep impinging on the nation’s psych and they are questioned time and time again. One of them, to this day, gentlemen, remains the controversial ‘policy of reservation’ and its legal history is worth recounting.

it begins in the…

1950’s

Case: State Of Madras v/s Champakam Dorairajan

The Madras government had reserved seats in state medical & engineering colleges based on certain criteria- caste, race, religion etc. The constitutional validity of the law was questioned.

Supreme Court Ruling?

Reservation policy Void as it ignored merit.

Score: SC:1/Gov:0

The government, ever quick (okay, I demand, you stop laughing over that), respond with:

The Article 15 (clause 4) added to constitution. It helps the State to make special provisions (including reservation) for protection of interest of backward classes of citizens (in education)

Score: SC:1/Gov:1

Balaji v/s State of Mysore

In Mysore, reservation, under newly added clause 4 of article 15, was as high as 68% and the backward community was (for the first time) subdivided as BC (backward classes) MBC (most backward classes) SC & ST etc. The validity of this division was questioned.

The Supreme Court Judgement?

Subdivision of Backward community not valid under clause 4 of article 15. Also, reservation not to exceed 50%.

Score: SC:2/Gov:1

And then the Mother Of All in the:

1990’s

Indra Sawhney v/s Union Of India (Mandal Case)

Actually this had more to do with reservation in ‘government services’ than ‘educational institutes.’

The implementation of The Mandal commission recommendations would lead (among other things) to 27% reservation for backward classes in government services. There was an ‘anti-reservation’ movement among the youth of the nation (sounds familiar?) which led to the staying of the policy until the constitutional validity of the reservation could be investigated.

And the SC rules?

Valid. With minor alterations and clarifications, the policy was held valid.

This judgement, in turn, would have its affect on reservation in educational institutes as the verdict in earlier cases such as Balaji v/s State of Mysore would be overturned.

Score: SC:1/Gov:1

P . A Inamdar & Others v/s State Of Maharashtra & others

Though many other issues were also raised, the ‘quota issue’ was the most important. States wanted the private unaided institutes to follow the states’ reservation policy. The case questioned the validity of such a law

SC Rules?

Not Valid.

Quota regime of government cannot be imposed on private educational institutes.

Score: SC:2 Gov:1

And then, The Government Strikes Back with:

clause 5 of article 15 (added by way of 93rd amendment) to the Constitution providing :

Special Provision for SC, ST & BC for their admission into private educational institutions.

Score: SC:2/Gov:2

But it doesn’t end there for, presumably under this clause, the government declares :

Reservation in Admission Bill (2006) providing: 27% reservation for OBC in private and central higher education institutes.

Score: SC:2/Gov:3

The new law labelled “Mandal II” brought to light the ugly divide across the nation, as people aligned themselves in opposing sides.

In the light of the worsening situation, the Supreme Court directed the Government to give relevant information about the basis of implementation of the act.

And then in the sweet month of March, just before most of these institutes issue their admission call letters, the SC drops the stunner:

The Supreme Court stays quota law for OBCs until relevant information (like an up to date community based census ) is used as basis for the implementation of the act.

Score: SC:3/Gov:3

and thus, a new chapter is begun:

Next Move, Gentlemen?

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Clarifications

First off, the data provided above is a product of amateur research (namely mine) and it involved flipping through my law notes, The Hindu and surfing Wikipedia, so this is a sketchy list and factual errors may have crept in. It also means, the list above is in no way exhaustive and there may be many more interesting e.g. of the debate over the legality of reservation.

Though the cases, the judgements and the laws (and okay, so my parodying the entire situation doesn’t really help either ) would lead you to look at the government and the supreme court as two opposing forces …the truth is, it reflects the nation’s ambivalence. It is the people (or its representatives at least) who bring these laws to effect and it’s the people again, who question the validity of them by taking cases to the supreme court.

What really intrigued me, was not the debate itself (pro or anti reservation ),which let’s face it, was so popular that even MTV gave it air time, but the time span through which the debate stretches. The country was divided about the issue in the past and it remains so even now. Though emotions run high about the issue, I wanted to look at it from a distinct legal point of view (and yeah, I am just trying out my new role).

Book:The Girl Who Loved Tom Gordon

                             Tari recommended this book to me and Tari doesn’t even like Stephen King. (Too many  ‘monsters from outer space,’ she says. and yes, she uses the word ‘monsters’). But, yesterday, she says to me,  thrusting the book into my hands,  ’Prax you have got to read this.’

And so I did and I adored it. I might not know much about baseball or about getting lost in the woods.  but I do remember being 9 years old and having to play peacekeeper at home.  I also do remember that it was, when I was 9 years old that I had my first crush. (in my defence, I was young and ignorant, and though Tom Cruise was old, He was still kinda cute )

So,  in her lost wanderings through the woods, (which are exquisitely detailed in the earlier half) I sort of got along with the little girl and though the ending, (right down to the last gesture) was very obvious, it was also enormously satisfying.

and yeah, I admit, I am a sucker for  ‘happy endings.’

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And has anyone read King’s ‘The Body’ or ‘The Apt Pupil.’ If so, are they worth stealing?

City Of Djinns

Book Name: City Of Djinns
Subtitle: A Year In Delhi
Author: William Dalrymple

To tell you the truth, I was kinda apprehensive about the book when I picked it up from the libe. On one hand, I had read one of Dalrymple’s short essays and adored it. On the other hand, he was writing about a place in India, and too many foreign writers fall into the trap of describing just the stereotypical one dimensional image of India, which may sell outside India but which makes most of us back home wince.

Having read it, however, I would definitely recommend it to anyone who is the least bit interested in Delhi or history in general.

Though it falls under the genre of travelogue, the book is more of a journey through the different periods of the complex history of Delhi. And what I like best about it, is that, it goes from the present ages backwards into history. So the India after partition is dealt with first, then the British era and then Mughals and so on and so forth until the age of the Mahabharata.

The author captures the essence of the history of the place not only through excerpts from various historical documents but also accounts from ordinary people. True, he does at times make caricatures of the people he meets but that does make his book much more interesting and fun to read.

Prior to British rule, Delhi was for many centuries a seat of Islamic power, culture and way of life . The book published just fourteen years back, free from the shackles of the world view post 9/11, captures some of the positive aspects of the Islamic culture in India.

The book in the end is a testimony to the ever changing face of Delhi. Since the time of the book’s release, New Delhi has almost had a complete make over. The only places which may have in any way stayed the same are parts of the old city . So the book is quaint view of New Delhi of the present times.

Having said that, I still think this book is a great read and something of a beginner’s guide to the fascinating and convoluted history of the city of djinns.

ps: I am going to try and get my hands on some of Ghalib’s translated poetry. I feel sort of shame-faced about the fact that I have actually never read any of it and he, a complete foreigner, has.

In midst a jiggly dance (not that sort, you pervert!)

Well I got in, by a cat’s whisker-just scrapping through! but I am not gonna feel all apolegetic and modest about getting in coz this is the best thing that has happened to me in a long time and I feel…Oh! I don’t know what I feel …happy? yes! High? Yes! satisfied? sort of! ‘Sort of???

Well, there are more exams coming my way and if I could get in through the coming ‘life altering exams II or III’ then it would be a whole lot better.

For:

a) the universities are closer to home.

b) I know these places rather well and so it would not seem so very distant and foreign.

 c) My friends live in these places! I get to actually meet them instead of making long distance calls.

So yeah, I need to stay focused and pull all-nighters (a feat I have never achieved but love to think about and yes I know I am kind of nerdy to think that studying all night is real cool) and study some more and blah, blah, blah, blah and more blah.

But for the moment, I’d like to pause…introspectively analyse my happiness and scream off the roof tops, the world over:

‘I GOT INTO LAW SCHOOL, PEOPLE!!! I JUST GOT INTO LAW SCHOOL!!!‘

sigh, sheer bliss…I think I could get used to it.

Five Point Someone: A Five Pointer?

Yeah, I know that the book came out ages ago, and yeah, I know that almost everyone ‘loves’ the book and doesn’t need my expert (insert snickers here) review of the book, but the thing is after reading the book in one sitting flat, I am genuinely left puzzled.

Now practically, all my friends who have read this book have gushed about it to me: ‘this is great stuff!’ ‘funny as hell’ ‘Ryan = drool (er the infatuated variety of drool).’ So, I was one of the few people who could list all the merits of the book and yet, had not read the book. I kept putting it off and then finally when I was tempted to snatch it out of my friend’s hands (I get that way around books) I gave myself an ultimatum. If I did not screw up my ‘life altering crap exams’ (to know more about it, scroll down) I’d read the book and if I did not achieve said goal, I’d never read the book (insert gasp here). No wait, I actually said I would not read the seventh Harry Potter book. (insert appropriate gasp here)

So, obviously I had great expectations about the book coz I actually dangled it like the proverbial carrot before my eyes.

And then I read it…and I have one trick question: “is it all that great?”

So what was wrong about the book for me?

1) Neha is very good, but she can be very very naughty too. Neha has over five different shades of lipstick in her bag along with an assortment of other cosmetics. Neha giggles at every little thing and laughs at her own half jokes. Neha also cries a lot. Neha likes strawberry ice cream. Neha does not mind wilted flowers. Neha is ready to put up with fuckwittage that her boyfriend (oh wait, her super special friend) doles out for her…. So who is this Neha? Brace yourself people, here’s the big secret, Neha is a GIRL! Do you find it hard to believe? with the sort of typical description that we get of her throughout the book. If you haven’t read the book don’t worry, Hari keeps reminding you every few lines or so that Neha is indeed a girl and everything she does, thinks, says are either incomprehensible or adorable because guess what? SHE’S A GIRL!

2) the logic of the Key: So…Cherian’s office key is in the bunch that contain Neha’s car keys. Okay so the father’s office key is bunched together with his daughter’s car keys? But wait, my internal voice of reason chucks me in my head and points out smugly, car probably belongs to family-both to father and daughter, no? Yes…Yes…Quite true! But…Cherian leaves keys at home and goes to office? Or take it from the other angle: Cherian leaves college comes back home and office locked by? A) cherian goes back with keys to lock office? B) security guard locks office? C) lock one of those modern self lock things? Except lock from gulf war era? D) office key in car key bunch is actually spare key and real key with Cherian? E) did I miss some line in the book that would explain this real minute yet vital detail to me? f) am I the only one agonizing over this?

3) Ryan: who can ever have problems with Ryan : cool name, cute, born leader, clever, angst-y, athletic, rich, filled with inane as well as brilliant ideas, and ultimately slightly tragic ( coz the system doesn’t fully appreciate his talents, no?). Wait, I think I have read about such characters, where could it be? Anyone? Regency Novels!

4) the Voice overs: What I mean is the whole chapter were Alok gets to talk and Ryan and Neha. They seemed well kinda artificial. ( okay I know this is a fiction book written by a fictional character inside the book, but you know what I mean.) And were they all that necessary? Wait they let us into the psych of the characters and furthered the plot. But wouldn’t half veiled statements and hints be much more nicer and efficient in the book?

Now if you would stop staring daggers at me and passing snide comments such as: ‘you think you’re so great wait till you try writing a real book’ I’d like to state a fact. I liked the book, it was funny in parts, had the whole college thing going for it, and it had the ultimate (if small) triumphant survival of the system by the losers ( I am such a sucker for under dogs). In fact there are places were I really like the way the book is written, such as were Hari is feeling kinda bad that Ryan didn’t get the job but Alok just dismisses it, to bask in his own success. That genuine callousness of Alok comes across real well through the dialogues

But I just feel that the book could have been written a lot better

Which brings us back to the original question:

Does Chetan Bhagat’s book ‘Five Point Someone’ live up to the hype?