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Supreme Court allows sub-classification of Scheduled Castes, Scheduled Tribes for reservation, overrules 2005 judgment

SC overruled its 2005 judgment of EV Chinnaiah Vs State of Andhra Pradesh.

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The Supreme Court on Thursday allowed the sub-classification of Scheduled Castes and Scheduled Tribes into different groups based on their inter se backwardness for reservation benefits, overruling its 2005 judgment of EV Chinnaiah Vs State of Andhra Pradesh.

A Constitutional bench of seven judges headed by Chief Justice of India DY Chandrachud with a 6:1 majority overruled the 2005 judgment, which states that only the President has the power to notify the inclusion or exclusion of a caste as a Scheduled Castes, and the State cannot tinker with the list under Article 341 of the Constitution.

The Chinnaiah verdict had also held that any sub-classification of the Scheduled Castes would violate Article 14 of the Constitution.

Chief Justice Chandrachud noted that Scheduled Castes are not an integrated or homogenous group.

The other judges are B R Gavai, Vikram Nath, Bela M Trivedi, Pankaj Mithal, Manoj Misra, and Satish Chandra Sharma. Justice Bela Trivedi dissented from the majority and ruled that such sub-classification is not permissible.

Pronouncing its majority judgment, the bench said that the members of SCs and STs are not able to climb up the ladder due to the systemic discrimination faced by them. The Apex Court said that under Article 14, sub-classification of caste is permitted.

The Court noted that out of 25 castes, only 9 are Scheduled Castes in Madhya Pradesh. Asserting that the Court noted that sub-classification of SCs and STs by states will not violate Article 341.

The Top Court also said that it has not found anything in Articles 15, 16, and 341 that prevents sub-classification for SCs, adding that the Court said states can sub-classify for the inadequate representation of some classes.

The Court asserted that when a state sub-classifies, it should be backed up by empirical information and should not be based on whims, and to meet political ends.

One of the seven judges, Justice Gavai said that the state must frame a policy to identify the creamy layer among the SCs and STs category and take them out of the fold of affirmative action and the Court noted that this is the only way to gain true equality.

Another judge of the Constitutional bench, Justice Vikram Nath was of the view that the creamy layer principle applicable to OBCs should apply to SCs and STs but the criteria for excluding the creamy layer for the purpose of affirmative action could be different from that of OBCs.

Chief Justice and Justice Manoj Misra held the same opinion. Justices Gavai, Nath, Mithal, and Sharma agreed with the Chief Justice regarding the States’ power to sub-classify SCs based on supporting empirical data. They also suggested that the creamy layer principle should apply to SCs/STs. Justice Trivedi delivered the sole dissenting opinion on the seven-judge Bench.

   

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Congress hits back at PM Modi, says J&K has became bureaucratic fiefdom controlled by BJP-RSS

The Grand old party asked when will full statehood return to Jammu and Kashmir.

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The Congress Saturday hit out at Prime Minister Narendra Modi over his statehood to Union Territory only by saffron party possible remarks saying the region has become a bureaucratic fiefdom controlled by the BJP-RSS cabal.

The Grand old party asked when will full statehood return to Jammu and Kashmir.

Earlier today, Prime Minister Modi addressed an election rally in the Doda district of Jammu region in support of BJP candidates and said only his government will grant statehood to Jammu and Kashmir.

Congress General Secretary (Communications) Jairam Ramesh noted that since the fall of the PDP-BJP government in 2018, Jammu and Kashmir has been administered by Modi government.

In a series of questions to the Prime Minister,  Ramesh asked, “Why has Modi’s government failed to salvage the security situation in J&K and what is his vision to restore normalcy.”

 “Why is the central government consistently lying to the country about the security situation in J&K?” Ramesh said in a post on X.

The Congress leader further asked why has there been a sharp increase in narcotics smuggling under the Union government’s administration.

Ramesh said one fundamental reason for the upsurge in terrorist activity, particularly in Jammu, is the sharp rise in naroctics smuggling over the last few years with the International Border in Jammu rather than the LoC in Kashmir, being the primary area of operation for the smugglers.

He alleged that since 2018, the people of J&K have been denied any avenue to express their grievances.

“The region has become a bureaucratic fiefdom controlled by the BJP-RSS cabal. While claiming to have ended special status for J&K, the government has in fact created an extra-special situation of a new and unique political system: one where the state has been downgraded to a UT, elections have been suspended, and all norms of constitutional morality violated,” he alleged.

In his speech in Parliament on December 11, 2023, Home Minister Amit Shah stated that full statehood to J&K would be restored at an “appropriate time”, Ramesh pointed out.

“Five years after being stripped of their statehood, the people of J&K still lack clarity on what the timeline for this return of statehood is. Based on the experience of the last five years, where the Assembly elections were delayed on one pretext or the other, the people of J&K don’t buy the center’s assurance of restoration of statehood,” he said.

Can the Prime Minister give a straight answer to this key question as to when will full statehood return to Jammu and Kashmir, the Congress leader asked.

He further asked who will take moral responsibility for the loss of two Indian Army personnel to terrorist attacks in Kishtwar on Friday.

“One of the most repeated talking points of the non-biological PM is that the Government’s abrogation of Article 370 has curbed terrorism in Jammu and Kashmir. The mood on the ground in J&K, however, is one of anxiety. At least fifty-three security personnel have been killed to the south of Pir Panjal since 2021, in an area where there were no major incidents of terrorism between 2007 and 2014,” he said.

“In the last few months, it has spread even to neighboring districts that we considered largely peaceful: as evinced by the attack in Reasi on the 9th of June, the attack in Kathua on the 10th of June, in Doda on the 11th of June, in Udhampur on the 19th of August, and in Kishtwar on 13th of September. Infiltration from Pakistan is rising along the International Border, and a palpable sense of insecurity prevails across J&K,” Ramesh said.

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Arvind Kejriwal visits Hanuman Mandir in Delhi’s CP day after release

“In this struggle against injustice, Lord Hanuman’s blessings have always been with us,” Kejriwal said.

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Delhi Chief Minister Arvind Kejriwal on Saturday visited Hanuman Mandir in Delhi’s Connaught Place at noon today to offer thanks and seek blessings, a day after being released from Tihar Jail in Delhi excise policy case.

“In this struggle against injustice, Lord Hanuman’s blessings have always been with us,” Kejriwal said.

In a post on X, Kejriwal said, “Today, along with my wife Sunita Kejriwal and other colleagues, I reached the ancient Hanuman temple in Connaught Place and worshipped Lord Hanuman and received his blessings.” He added, “I prayed to God for everyone’s happiness and prosperity. May God keep this courage in all of us in this fight to save the country.”

The Aam Aadmi Party (AAP) chief Kejriwal’s visit to the temple comes after the Supreme Court granted him bail on Friday in the Delhi excise policy case.

The Apex Court granted bail with few terms and conditions such as barring him from entering the Chief Minister’s office and signing files.

The Aam Aadmi Party leader visited the temple along with his wife Sunita, former deputy Manish Sisodia and AAP leaders Sanjay Singh and Saurabh Bharadwaj. Kejriwal also visited Rajghat and paid tributes to Mahatma Gandhi’s memorial.

“Today, Arvind Kejriwal and his wife met the country’s senior-most lawyer Abhishek Singhvi at his residence, who is providing legal assistance to Chief Minister Kejriwal in fighting all the conspiracies of the dictator,” APP said.

Sharing a picture with AAP leaders including Chief Minister Kejriwal on X, Singhvi said: “Good to see CM Kejriwal thinner due to weight loss but with none of his fire diminished. And the larger AAP family. Very sweet of them to come collectively.”

Yesterday, the bench of Justice Surya Kant and Justice Ujjal Bhuyan delivered its verdict on two petitions filed by Kejriwal challenging his arrest and seeking bail in the case registered by the CBI under the Prevention of Corruption Act. It allowed the bail petition of Kejriwal on the grounds that the charge sheet had been filed in the case and that the trial was unlikely to be completed in the near future.

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Mamata Banerjee makes surprise visit to protest site of junior doctors, says last attempt to resolve crisis

“This is my last attempt to resolve the crisis,” Banerjee said.

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West Bengal Chief Minister Mamata Banerjee on Saturday made a surprise visit to the site where the junior doctors were protesting, and assured them that she would look into their demands and take action if anyone was found guilty. She said this was her last attempt to resolve the crisis.

Addressing the protesting doctors amid chants of “we want justice” outside the Swasthya Bhawan in Salt Lake, Banerjee said she was spending sleepless nights as the medics were agitating on the road amid rains.

Banerjee said, “I came to meet you as your ‘didi’ not as the Chief Minister.”

“I assure you that I will study your demands and take action if someone is found guilty,” she added, urging the protesting doctors to return to work.

The West Bengal Chief Minister also announced that all state-run hospitals’ patient welfare committees were dissolved immediately.

“This is my last attempt to resolve the crisis,” Banerjee said.

After the Chief Minister left the site, the agitating doctors said they were not ready to compromise on their demands till discussions were held.

The medics have been camping outside Swasthya Bhawan, the headquarters of the State Health Department, since Tuesday with a host of demands, including better security at state-run hospitals and the removal of top officials over the rape and murder of the doctor at the RG Kar Medical College and Hospital.

Last month, Banerjee denied claims accusing her of threatening doctors and alleged that a malicious disinformation campaign was unleashed against her speech yesterday. 

The Chief Minister asserted that she did not utter a single word against medical students or their movement against the rape and murder of a doctor in Kolkata’s RG Kar Medical College and Hospital.

Banerjee promised to bring amendments to laws to ensure capital punishment for convicted rapists. Speaking at the foundation day of the party’s student wing, Banerjee warned the state governor of the protest outside the Raj Bhavan here if the governor delays in giving assent to the amended bill or forwards it to the President for ratification.

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