The Madhya Pradesh High Court criticized the Central government’s nearly five-decade-long ban on government employees joining the Rashtriya Swayamsevak Sangh (RSS), calling it a mistake. The court’s remarks on July 25 mark a notable shift in India’s legal and social landscape.
Thank you for reading this post, don't forget to subscribe!
MADHYA PRADESH: The Madhya Pradesh High Court has criticized the Central government’s decision, which lasted nearly five decades, to prohibit government employees from joining the internationally renowned Rashtriya Swayamsevak Sangh (RSS). The court’s remarks came on Thursday(25th July), highlighting a significant shift in the legal and social landscape of India.
“It took the Central government nearly five decades to recognize its error in categorizing the internationally renowned RSS among banned organizations, acknowledging that its removal from this list was essential.”
-stated the High Court.
The court noted that during these five decades, many Union government employees’ aspirations of “serving the country in many ways” were curtailed due to the ban. This prohibition, which had been in place since 1966, was only recently lifted following a series of legal proceedings brought to the court’s attention.
The critical comments were made by a bench comprising Justices Sushruta Arvind Dharmadhikari and Gajendra Singh. These remarks came while they were disposing of a petition filed by Purushottam Gupta, a retired Union government employee who challenged the ban in September.
The plea was rendered moot earlier this month when the Centre officially lifted the 58-year-old restriction on government employees being members of the RSS. This change marked the end of a long-standing prohibition that had significant implications for the professional and personal lives of many government officials.
The Controversial Ban on RSS
The Rashtriya Swayamsevak Sangh, often described as a Hindutva group, serves as the parent organization of the ruling Bharatiya Janata Party (BJP). The RSS has faced bans three times since India’s independence, with critics accusing it of promoting Hindu supremacy and intolerance towards minorities. The organization’s inclusion on the list of banned affiliations for government employees was enacted in November 1966.
The High Court’s remarks on Thursday could have led to a simple dismissal of the petition as moot. However, the bench chose to comment further, recognizing the broader implications of the issue. The court noted that the problems raised in the petition have “national ramifications, particularly concerning one of the largest voluntary non-governmental organizations, the Rashtriya Swayamsevak Sangh (RSS).”
Questions Raised by the High Court
In their observations, the judges questioned the original basis for the ban. They inquired about the evidence used to classify the activities of the RSS as communal or anti-secular during the 1960s and 1970s.
“What empirical report, statistical survey, or material did the government rely on to conclude that Central government employees’ involvement with the RSS was problematic?”
-the High Court questioned.
The Supreme Court has directed the Department of Personnel and Training (DoPT) and the Union Home Ministry to prominently display its order dated July 9 on their respective websites’ home pages. Additionally, the court mandated that all government departments be informed of this decision within 15 days.
ALSO READ:“No Constitutional Requirement for Reservation in Judicial Appointments”: MP HC
The Centre’s recent move to lift the longstanding ban on government employees participating in activities associated with the Rashtriya Swayamsevak Sangh (RSS) has drawn sharp criticism from the Congress party.
“In 1966, a ban was justifiably imposed on government employees participating in RSS activities.”
-stated Congress leader Jairam Ramesh.
He continued-
“After June 4, 2024, relations between the self-anointed non-biological PM, Narendra Modi, and the RSS have nosedived. On July 9, 2024, the 58-year ban, which persisted even during Atal Bihari Vajpayee’s tenure as PM, was lifted. I suppose the bureaucracy can now come in knickers too.”
Ramesh’s reference to “knickers” pertains to the khaki shorts that were part of the traditional uniform of the RSS until they were replaced in October 2016. This uniform symbolized the Hindutva organization’s distinct identity and heritage.
The backdrop to this controversy lies in the historical relationship between the government and the RSS. The initial ban in 1966 was instituted to ensure that government employees remained non-partisan and free from the influence of any ideological organizations. This measure aimed to maintain the impartiality and neutrality of the bureaucracy.
However, the lifting of this ban has significant implications. It marks a substantial shift in the government’s stance towards the RSS, an organization that has often been at the center of political debates in India. Critics argue that this move could blur the lines between the state and the Sangh Parivar, potentially impacting the objectivity of government officials.
Jairam Ramesh’s critique highlights the broader concerns regarding the influence of the RSS on the current administration. His comments underscore the perceived deepening of ties between the Modi government and the RSS, which many view as a departure from the secular principles that have traditionally guided the Indian bureaucracy.
As the July 9 order comes into effect, it remains to be seen how this will affect the functioning of government departments and the behavior of government employees. The directive for the DoPT and the Union Home Ministry to prominently display the court’s order and to notify all departments is a step towards ensuring transparency and awareness about this significant policy change.
