In December 2015, Justice J.B. Pardiwala of the Gujarat High Court, who is now a sitting Supreme Court judge, expunged controversial remarks he had made against reservation while hearing a petition filed by Hardik Patel, a leader of the Patidar quota agitation. The expunging of these remarks followed significant controversy and the threat of impeachment.
The controversial remarks were part of an order in which Justice Pardiwala refused to remove sedition charges against Hardik Patel. In the order, Justice Pardiwala stated that if he were asked to name two things that have destroyed the country or hindered its progress, he would say "Reservation and Corruption". He added that it was shameful for any citizen to ask for reservation 65 years after independence, noting that reservation was originally intended to last only 10 years. These observations were made in paragraph 62 of the judgment.
These remarks triggered a national controversy, with many viewing them as an attack on the reservation system, which is constitutionally mandated to uplift marginalized communities. Following the widespread criticism, 58 members of the Rajya Sabha, the upper house of the Indian Parliament, moved a petition seeking to initiate impeachment proceedings against Justice Pardiwala. The MPs argued that his remarks were "objectionable" and "unconstitutional".
In response to the escalating controversy and the potential impeachment motion, the Gujarat state government filed a petition requesting the High Court to expunge the remarks. The government argued that the comments were not relevant to the case at hand and that their removal would not prejudice anyone. Hardik Patel's lawyer also supported the expungement of the remarks.
Justice Pardiwala, after hearing the submissions, agreed to expunge paragraph 62 from his order. He stated that the remarks were not "relevant or necessary" for deciding the petition related to the quashing of the FIR against Hardik Patel. The court registry was instructed to issue a fresh, certified copy of the judgment without the controversial paragraph.
This incident highlights the sensitivity surrounding the issue of reservation in India and the importance of judicial restraint when commenting on such matters. While judges are free to express their opinions, it is essential that their remarks do not undermine the constitutional principles of social justice and equality. The expunging of Justice Pardiwala's anti-quota remark underscores the judiciary's commitment to rectifying errors and ensuring that its pronouncements align with the values enshrined in the Constitution.