question_answer

Taking the example of the O.M. No. 36012/31/90. Trace the Course by which a major decision is taken in a democracy.

Answer:

(a) The Office Memorandum was the culmination of a long chain of events. The Government First appointed the Second Backward Classes Commission which gave its. recommendation in 1980. (b) The report was discussed in Parliament and many parties demanded its implementation. When the Janata Dal came into power in 1989, it announced its intention to implement this report through the address of the President to the Parliament. (c) On 6th August 1990, seven days before the M.O. was issued, the Union Cabinet met and took a formal decision about this. (d) The next day Parliament was informed by the Prime Minister about this decision through a statement in both the Houses. (e) The decision of the Cabinet was officially recorded and sent to the Department of Personnel and Training for immediate implementation. The minister asked the top officers of the department to make an order to implement the cabinet's decision. (f) The officers drafted the order and took the minister's approval. After this, the minister sought approval from the Prime Minister's office and O.M. 36012/31/90 officially came into being. (g) A number of cases were filed against this order in the courts. All these cases were bunched together and considered by the Supreme Court. This case was known as the 'Indira Sawhney and Other's vs. Union of India and Other's case. In 1992, the Supreme Court upheld the Government order but asked the government to make certain modifications. (h) The ministry issued another office memorandum on September 8th 1993 and the dispute ended amicably. Thus any major decision in a democracy involves all organs of the government executive, legislature and the judiciary.