HC strikes down Colonial-era ordinance providing 100% reservation for women in military nursing jobs
Bengaluru: The High Court of Karnataka has struck down a provision in the Indian Military Nursing Services Ordinance, 1943 which provided 100 per cent reservation for women in the cadre of 'nursing officers'.
While allowing a petition filed in 2011 challenging the British-era law, the HC in its judgment on January 5, 2024 said, "The expression 'if woman' found in Section 6 of the Indian Military Nursing Services Ordinance, 1943 is struck down as unconstitutional.'' The HC however clarified that appointments already made under the 1943 ordinance over the decades are not void.
''Such an interpretation will have far-reaching, undesirable consequences and unsettle many things that have settled long back,'' it said.
The 1943 ordinance providing 100 per cent reservation was created to tide over the emergency situation of the World War II by the British Crown ruling India, the petitioners, Sanjay M Peerapur, Shivappa Maranabasari and Karnataka Nurses Association submitted before the bench of Justice Anant Ramanath Hegde.
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Sanjay and Shivappa had been denied the chance to participate in the 2010 recruitment of nursing officers which they had challenged before the high court.
The 1943 ordinance was adapted under The adaptation of laws, Orders 1950 by the President after independence.
The HC however said that "The law adapted under Article 372(2) of the Constitution of India, cannot be equated with the law enacted by the Parliament under Article 33 of the Constitution of India." The HC said that though Parliament has special powers, this ordinance was not passed by the Indian Parliament.
''Whether the ordinance, 1943 is promulgated by Parliament? The answer is 'No','' the HC said, adding that the provision was unconstitutional.
''This court is of the view that exclusive reservation conferred on women while recruiting ''nursing officers'' under ordinance, 1943 does violate the rights guaranteed under Articles 14, 16(2), and 21 of the Constitution of India as the classification,'' the judgment says.
Partly allowing the petition (while rejecting the plea that the 2010 recruitment process be quashed), the HC said, ''The underlying philosophy of reservation is to accommodate and include, but not to exclude. However, if such an accommodation which is termed as a reservation, becomes exclusive and hundred per cent, without justifiable grounds, then such exclusive reservation ceases to be a reservation in its true sense and it amounts to an exclusion which is not envisaged under the Constitution at all.''
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Sujit Nair raises concerns over speculation of DMK-AIADMK understanding to block TVK
Chennai: Journalist and political commentator Sujit Nair has expressed concern over speculation that the Dravida Munnetra Kazhagam and the All India Anna Dravida Munnetra Kazhagam could explore a post-poll understanding to prevent Vijay-led Tamilaga Vettri Kazhagam from forming the government in Tamil Nadu.
In a social media post, Sujit Nair said the election verdict in Tamil Nadu reflected a clear public demand for political change and argued that the mandate should be respected irrespective of political preferences.
Referring to reports and political discussions surrounding a possible understanding between the DMK and AIADMK, he said he hoped such developments remained only speculative conversations and did not turn into reality.
Nair stated that if such an alliance were to take shape, it would raise serious questions about ideological politics in the country. He said TVK had emerged through a democratic electoral process and that the legitimacy to govern in a parliamentary democracy comes from the people’s verdict.
According to him, attempts to prevent an electoral winner from forming the government through unexpected political arrangements may be constitutionally valid, but many people could view them as politically opportunistic.
He further said that such a move could particularly affect the political image of the DMK, which has historically projected itself around ideology, social justice and opposition politics. Nair said that in ideological terms, the DMK appeared closer to TVK than to the AIADMK, and joining hands with its long-time political rival only to remain in power could weaken its broader political narrative.
He added that the same questions would apply to the AIADMK as well, as the party had spent decades positioning itself against the DMK and such an arrangement could create discomfort among its cadre and supporters.
Drawing a comparison with Maharashtra politics in 2019, Nair said he had expressed similar views when the Shiv Sena formed an alliance with the Indian National Congress and the Nationalist Congress Party after the Assembly elections.
He said post-poll alliances between long-standing political rivals often create a public perception that ideology and electoral mandates become secondary when political power equations come into play.
Nair also said such developments increase public cynicism towards politics and reinforce the belief among voters that ideology is often sidelined after elections.
He maintained that the Tamil Nadu verdict was emphatic and said respecting both the spirit and substance of the mandate was important for the credibility of democratic politics.
