(1) The Central Government’s decision to carve out a 4.5% sub-quota for Minorities from within the 27% reservation for OBC’s in all the central government jobs and central educational institutions by an executive order on 22nd December, 2011 just before the announcement of the polling dates by the Election Commission in Uttar Pradesh, Punjab, Uttarkand, Manipur and Goa is, in our view, a pre-poll exploitive stunt meant to influence the minority community to attract its votes. The said religion-based reservation would divide the country. The impugned executive order by the government amounts to providing reservation on the basis of religion which is prohibited by Articles 15(1) and 16(2) of the constitution. Further the impugned executive order is unconstitutional being violative of articles 15(4) and 16(4) of the constitution on the count that the Minority community as a whole, based on religion, was declared hurriedly as backward class without there being any identification of the social backwardness of the Minorities by the Backward Class Commission.
(2) We hereby request the Election Commission of India to take action against the Congress – the ruling party – for using its official position for the purpose of its Election campaign in the aforesaid states as the timing of using the state machinery to give reservation to the Minorities is a blatant violation of the model code of conduct and the patently unconstitutional step would divide the society on the basis of caste and religion and cause social unrest in the country.
(i) We request the ECI to ensure that the said impugned executive order of GOI is withdrawn forthwith for the sake of respect to the model code of conduct and the constitution.
(ii) The Congress party is taking this action for political benefits by seeking votes on the basis of religion and hence it should be debarred from fighting the elections.
Yours in the service of Maa Bhaarati,
(OM PRAKASH SINGHAL) VICE-PRESIDENT, VHP
(CHAMPAT RAI) SECRETARY GENERAL, VHP
(DR. SURENDRA KUMAR JAIN) SECRETARY, VHP