NEW DELHI: The Madhya Pradesh High Court recently lamented the fact that it took nearly five decades for the Central government to acknowledge its mistake of barring government servants from participating in the activities of the Rashtriya Swayamsevak Sangh (RSS).
A Bench of Justices SA Dharmadhikari and Gajendra Singh observed, “It took almost five decades for the Central Government to realise its mistake; to acknowledge that an internationally renowned organisation like RSS was wrongly placed amongst the banned organisations of the country and that its removal therefrom is quintessential. Aspirations of many central government employees of serving the countries in many ways, therefore got diminished in these five decades because of this ban, which got removed only when it was brought to the notice of this Court vide the present proceedings.”
The Court was hearing a plea filed by a retired Central government officer from Indore who challenged three office memorandums (OMs) issued by the Centre in 1966, 1970 and 1980 imposing such a bar on government servants. He had also challenged provisions of the Central Civil Service (Conduct) Rules, 1964, including Rule 5, which stated:
“No Government servant shall be a member of, or be otherwise associated with, any political party or any organisation which takes part in politics nor shall he take part in, subscribe in aid of, or assist in any other manner, any political movement or activity.”
The OMs restricted membership of and participation of government servants in the activities of the RSS and the Jamaat-e-Islami, citing the need for public servants to ensure a secular outlook, and to eradicate communal feelings and bias.
After the proceedings were initiated, the Central government had on July 9 lifted the ban on government employees participating in RSS activities. An affidavit disclosing this notification was filed by the Union of India before the Court on July 11.
In its order, the Court questioned the basis for deciding that participation in RSS activities would precipitate communal feelings and communal bias.
“Perhaps there was never any material, study, survey or report at the relevant point of time on the basis of which the ruling dispensation arrived at a satisfaction that involvement and engagement of central government employees even with the apolitical/non political activities of RSS must be banned for maintaining the communal fabric and secular character of the country.”
It went on to say that the RSS is the only nationally established self driven voluntary organisation outside the governmental bureaucratic hierarchy, and that the activities of the RSS and its subsidiary organisations have no correlation with active politics. It thus held,
“...voluntary membership of a national & internationally famed organisation like RSS, for activities other than political in nature, like religious, social, philanthropic, educational cannot be proscribed through executive instructions. They ought to have been done only through duly enacted law if the necessity was felt for doing so, preferably through amendments to the Conduct rules itself.”
The issuance of OMs/circulars labeling all RSS activities as communal, anti-secular and against national interest has drastic consequences for both the organisation and those aspiring to join it for community service, the Court noted.
Although the Centre has decided to remove the RSS from the “don’t join” list, the Court emphasised that any future decision to reinstate it on such a list must be preceded by a thorough and thoughtful evaluation. Such a move must involve,
“...intensive deliberations at the highest levels of the rule making authority, backed by persuasive data, compelling evidence and material as to why RSS as an umbrella organisation along with all its subsidiary organisations need to be banned from participation by any of the Central Government employee,” the Court added.
The Court ordered the Department of Personnel and Training and the Union Ministry of Home Affairs to publicly display the contents of the Centre’s July 9 circular on the home page of their official websites to ensure public awareness. With these directions, the Court disposed of the plea.
Advocate Manish Nair represented the petitioner.
Solicitor General Tushar Mehta and Deputy Solicitor General Himanshu Joshi appeared for the Union of India.
Deputy Advocate General Aniket Naik appeared for the State. (IANS)
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