Civil Procedure Code (CPC)

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BACKGROUND

  • The Sachar Committee was a high level committee in India formed by the then PM Manmohan Singh in 2005 and it was headed by former Chief Justice of Delhi High Court, Rajinder Sachar.
  • It was formed to study the social, economic, and educational condition of Muslims in India and it gave its report in 2006 stating that Muslims were below SC and ST and were not given proper representation in services like IAS, IPS, etc.
  • The petition before Supreme Court challenged the implementation of the report proposed by the Committee that suggested welfare measures for the Muslims.

ARGUMENTS IN THE PLEA

  • The plea mentions that the appointment of the Sachar Committee was unconstitutional as it was made in violation of Article 77 of the Constitution and the order for the Committee was not passed in the cabinet.
  • The petitioner stated that such committees should not be used to threaten the sovereignty and integrity of the nation just to satisfy the political agenda of some disgruntled politicians.
  • The petition also mentioned that the Committee has failed to follow the provision of Article 30 of the Constitution and also the Backward Muslims can claim benefit under the Backward Class Commission.

SUBMISSIONS BY THE COUNSEL

  • The counsel of the petitioner stated that PM Manmohan Singh established this Committee on his whims.
  • He also mentioned that that under Articles 14 and 15 of the Constitution, a religious group cannot be treated separately.
  • He also stated that the power to form a commission to look into the conditions of socially and educationally backward classes is only in the hands of the President under Article 340 of the Constitution.

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