Supreme Court refuses to stay 10% quota for poor in jobs, education

Supreme Court refuses to stay 10% quota for poor in jobs, education

New Delhi: The Supreme Court on Friday, 25^th January 2019,  refused to stay the executive order of the Centre implementing the law providing for 10 per cent quota for the poor in jobs and higher education. A Supreme Court bench led by Chief Justice of India Ranjan Gogoi issued notice to the Centre seeking response in four weeks.


The Supreme Court also refused to pass orders to the effect that whatever appointments they make under the new reservation policy would be subject to the outcome of the case before it. “We are examining the matter,” said the Supreme Court bench.


The matter would be heard after the pleadings are complete. The court was hearing a public interest litigation (PIL) challenging the recently enacted law to provide 10 per cent reservation in government jobs and higher education to economically weaker sections from unreserved, otherwise referred to as general category. The petition challenging the Constitution (103rd) Amendment Act was filed by an NGO, Youth for Equality and it contends that the law alters the “basic structure” of the Constitution.


The legislation got Parliament’s approval earlier this month amid Opposition parties questioning the Union government’s “haste” in pushing the bill through months ahead of 2019 Lok Sabha elections and in the aftermath of the BJP’s defeat in the Hindi heartland states of Rajasthan, Madhya Pradesh and Chhattisgarh.


The petition cites a Supreme Court order by a nine-judge bench in 1992 Indra Sawhney case stating that economic backwardness cannot be the basis of reservation in jobs and education. “Such an Amendment is hence, vulnerable and ought to be struck down as it merely negates a binding judgement,” says the PIL.


The PIL further argues that the new quota law breaches the cap of 50 per cent total reservation in jobs and education. This ceiling was fixed by the top court in the M Nagaraj case in 2006. Under the existing constitutional arrangements, reservation in jobs and education is available to the members of the Scheduled Caste (SC), Scheduled Tribe (ST) and Other Backward Classes (OBC) communities.


The government has, however, maintained that the amended law can withstand legal scrutiny. Speaking during the debate on the Bill in the Lok Sabha, Finance Minister Arun Jaitley said, “The apex court had stated that the rule of 50% [cap on reservations] applies only to reservation for backward classes... This bill is for social and economic justice.”


The PIL has also challenged the new quota law on the ground that the amendment provides for reservation in private unaided educational institutions, which has been clearly barred by the top court through two previous judgments.

10% Reservation from this year itself

10% Reservation from this year itself

New Delhi: The HRD ministry announced Tuesday, 15^th January 2019, that it will implement 10% reservation for economically weaker section of the general category from the 2019 academic session and increase around 25% seats in higher educational institutions and universities across the country.

Union human resource development minister Prakash Javadekar informed that the decision was taken at a meeting of officials from the ministry, University Grants Commission (UGC) and the All India Council of Technical Education (AICTE).

"The reservation will be implemented from the 2019-2020 academic session itself. Nearly 25 % seats will be added to ensure that the reservation does not disturb the existing quota for SC, ST and other categories. There are around 40,000 colleges and 900 universities across the country and supernumerary quota will be provided in these," Javadekar told reporters.

The minister, however, did not specify the number of seats which will be added.

"The modalities are being worked out and within a week's time we will have the exact number of seats that will be added.

The operation manuals about how to implement the quota will be issued soon. The colleges and universities will also be asked to mention the quota in their prospectus as well and make infrastructural arrangements accordingly," he added.

Bharat Bandh: Cabinet Minister Kushwaha Roughed up

Bharat Bandh: Cabinet Minister Kushwaha Roughed up

New Delhi: Union minister of state for HRD Upendra Kushwaha was on Tuesday,  10^th April 2018, manhandled by anti-reservation protesters in Bihar's Hajipur town.

The incident occurred while the union minister was on his way to Champaran, where the 100th anniversary of Champaran Satyagraha was to be honoured by Prime Minister Narendra Modi by ushering in 'Swachhagraha'.

Kushwaha, who hails from OBC community, is the president of Rashtriya Lok Samata Party, which is an ally of the BJP.

Still recovering from the communal riots, Bihar was again pushed into a fresh bout of violence when anti-reservation protesters hit the streets against the earlier bandh called by Dalit organisations on April 2.

Muzaffarpur, Begusarai, Lakhisarai and Arrah have been badly hit. Pitched battles between anti and pro-reservation groups were reported from these districts.

In Muzaffarpur, policemen, including ASP, DSP, were chased away by angry mobs in Gobarsahi area.

In Arrah, protesters managed to stop a train.

In western UP's Saharanpur district, which is the headquarters of the Bhim Army, internet services were suspended at 7 pm on Monday. The district administration said internet services will be down for two days, till Wednesday, to avoid rumour mongering during the protests.

During the April 2 protests, Bhim Army supporters had occupied a 2 km stretch in the centre of Saharanpur, from Ghantagar Chowk to Kalpana Cinema. However, it was in the rural areas that some violence was witnessed. A police car had been vandalised by some protesters.

Other parts of western UP, including Muzaffarnagar and Baghpat, also suspended internet services. The Muzaffarnagar SSP said that they would contain "anti-social elements" on social media platforms as well and anyone inciting violence would be punished.

On April 2, protests had broken out across India against the alleged dilution of the SC and ST (Prevention of Atrocities) Act, 1989 by the Supreme Court. Since then, Dalit outfits have been protesting the "unfair targeting" of Dalits after the April 2 protests turned violent.

Four BJP MPs from UP have written to the Prime Minister, claiming that cops were targeting Dalits. Bhim Army founder Chandrashekhar Azad Raavan has launched a hunger strike from Saharanpur district jail, where he is lodged under the National Security Act.