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Modi govt’s Bill for 10 pc quota to general category poor may be passed, but is it just a jumla?

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Modi govt’s Bill for 10 pc quota to general category poor may be passed, but is it just a jumla?

[vc_row][vc_column][vc_column_text]The Constitution (124th Amendment) Bill that seeks to provide 10 per cent reservation in jobs and education for the general category poor, brought in a sudden, surprise move – without any consultation or, seemingly, any forethought – by Narendra Modi government at the end of Parliament’s winter session, may face little opposition from other parties, for reasons of political expediency.

That, however, does not mean it is not problematic. The move may be projected as ‘smart’, but that does not mean it is ‘wise’.

The Bill introduced in Lok Sabha yesterday (Tuesday, Jan 8) was passed the same day with 323 members voting in favour and only three against.

The Bill was tabled in Rajya Sabha today and – despite the Congress-led Opposition being in a position to reject it and pressing for referring the legislation to a Select Committee – is likely to be passed ultimately. After all, no political party would like to be seen as being against a step purportedly for social justice.

The opposition, including the Congress, have dubbed the proposed law as a political gimmick that may not stand judicial scrutiny but came around to support it during voting, underlining the huge political import of the measure aimed at placating upper castes.

The bill seeks to amend Article 15 and 16 of the Constitution to enable reservation for the “economically weaker” sections in the general category, which had so far been kept out of the quota ambit. The government says the amendment to the Constitution will ensure that the courts do not strike it down.

Replying to an over four and half hour debate, Social Justice Minister Thaavarchand Gehlot sought to allay doubts raised by several opposition members about the legislation’s fate if challenged in the Supreme Court, saying he can say with confidence that the apex court will accept it.

“Your doubts are unfounded. Put them to rest,” he told opposition members, many of whom dubbed the bill as “jumla” and “gimmick”, questioned its legal standing and accused the government of bringing it in haste with an eye on the Lok Sabha polls.

Finance Minister Arun Jaitley, who is fielded by Modi government to tackle tricky and legal questions, came up with the curious argument that the bar of 50 per cent put by the apex court on total reservation is for caste-based quota, while the bill seeks it provide it for the economically weaker sections in the general category.

After the Bill was passed by Lok Sabha, Prime Minister Narendra Modi described it as a “landmark moment in nation’s history which sets into motion the process to achieve an effective measure that ensures justice for all sections of society”.

To put it in perspective, the proposal to give 10 per cent reservation to the economically backward classes, like several other schemes of the Modi government, is neither novel nor innovative. The Congress government under PV Narasimha Rao did provide for similar reservation, but a nine-judge bench in Indra Sawhney (1992) struck it down. There have been similar efforts in states as well — Kerala under the left government (2008) in admissions to a few courses, the Congress government in Rajasthan (2008) and the BJP regime in Gujarat (2016). Even Mayawati has been in favour of such a reservation and welcomed the government’s move.

Also Read: Modi govt approves 10 per cent quota for economically weak in general category

For Modi government, the legislation seeks to signal to the forward castes that their interests are being looked at amid demands by various restive groups like Jats, Marathas, Gujjars and Patels for quota benefits.

The Modi government faced upper caste backlash when, following protests by Dalits, it brought legislation in last monsoon session to nullify Supreme Court order to check apprehensions of misuse of SC/ST Prevention of Atrocities Act.

The upper caste communities, in turn, voiced their protest over Government’s alacrity in addressing the concerns of Dalit communities of the issue. Senior BJP leaders felt that the BJP faced hostile Upper Castes in the recently concluded assembly elections in Madhya Pradesh, Rajasthan and Chhattisgarh.

Read Part 2: Is the Bill for 10 per cent reservation for general category a ‘jumla’?

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Pawan Khera faces fresh setback as Supreme Court refuses relief in passport row case

Congress leader Pawan Khera faces fresh setback as Supreme Court refuses interim relief and directs him to seek bail from Guwahati High Court.

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Pawan Khera

Congress leader Pawan Khera suffered another legal setback on Friday after the Supreme Court of India declined to extend protection in a case linked to his remarks about Himanta Biswa Sarma’s wife.

A bench of the apex court refused to interfere with an earlier order that had stayed the transit anticipatory bail granted to Khera by the Telangana High Court. This decision leaves the Congress leader open to possible arrest by Assam Police in connection with the case.

During the hearing, Khera’s counsel sought interim protection, but the court declined the request and advised him to approach the appropriate court in Assam for relief. The bench clarified that the Guwahati High Court should decide any bail plea independently and on its merits.

“Am I a terrorist?” remark during hearing

While seeking protection, Khera’s legal team expressed concern over the urgency of the situation. In court, his counsel remarked, “Am I a terrorist?” highlighting the plea for temporary relief until a fresh bail application could be filed.

The Supreme Court also raised concerns over the submission of incorrect documents during the proceedings, adding another layer to the legal complications faced by the Congress leader.

Case linked to remarks on CM’s wife

The case stems from a press conference held earlier this month, where Khera made allegations regarding the citizenship status and financial assets of the Assam Chief Minister’s wife, Riniki Bhuyan Sharma.

He had claimed that she possessed multiple passports and owned undisclosed overseas properties. These allegations were strongly denied by the Chief Minister’s family, who termed them fabricated and misleading.

Legal battle intensifies

Earlier, the Telangana High Court had granted Khera temporary transit anticipatory bail, allowing him time to seek relief from a competent court in Assam. However, the Supreme Court stayed that order following a challenge by Assam authorities, escalating the legal battle.

With the latest ruling, Khera is now expected to move the Guwahati High Court for anticipatory bail as the case continues to unfold.

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Congress suspends 5 Haryana MLAs over cross-voting in Rajya Sabha polls

Congress suspends five Haryana MLAs for cross-voting in Rajya Sabha elections, citing serious indiscipline and anti-party activities.

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The Congress has suspended five of its MLAs in Haryana for cross-voting during the recent Rajya Sabha elections, taking disciplinary action over what it described as “anti-party activities”.

The move came after the state unit reviewed the conduct of certain legislators during the polls, where some were found to have voted against the party’s authorised candidate.

Five MLAs suspended after disciplinary process

According to party sources, the MLAs were issued show-cause notices seeking an explanation for their actions. After reviewing their responses, the Congress disciplinary committee recommended suspension.

The decision was approved by the party leadership, including Congress president Mallikarjun Kharge, and has been implemented with immediate effect.

Party calls it ‘grave indiscipline’

Haryana Congress chief Udai Bhan said the action was necessary to uphold party discipline, stressing that defying the official party line during elections weakens organisational unity.

He said the party takes such violations seriously and will continue to act against any form of indiscipline.

Leadership backs strict action

Senior Congress leader and Leader of Opposition Bhupinder Singh Hooda supported the decision, saying it was taken after due consideration.

He noted that while Rajya Sabha elections are conducted through an open ballot system, allowing legislators some flexibility, the party retains the authority to initiate internal disciplinary action in cases of deviation.

Background

The action follows cross-voting reported during the recent Rajya Sabha elections in Haryana, which led to internal concerns within the party. The development has highlighted organisational challenges and prompted the leadership to take corrective steps to reinforce discipline.

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PM Modi assures no discrimination in women’s quota, delimitation debate intensifies in Parliament

PM Narendra Modi has assured that women’s reservation will be implemented without discrimination, amid a heated debate over delimitation in Parliament.

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PM modi

Prime Minister Narendra Modi has assured that there will be no discrimination in the implementation of women’s reservation, as Parliament witnessed a sharp debate over the proposed linkage between the quota and delimitation exercise.

During the ongoing special session, the government reiterated its commitment to ensuring fair representation while addressing concerns raised by opposition parties regarding the timing and structure of the legislation.

The proposed framework aims to reserve 33 percent of seats for women in the Lok Sabha and state assemblies. However, its implementation is tied to a fresh delimitation exercise, which is expected after the next census.

Opposition questions timing and intent

Opposition leaders have raised concerns that linking the women’s quota to delimitation could delay its implementation. They argue that the process of redrawing constituencies may push the actual rollout further into the future.

The issue has triggered a broader political confrontation, with multiple parties questioning whether the move could alter representation across states.

Some critics have also alleged that the delimitation exercise could disproportionately benefit certain regions based on population, a charge the government has rejected.

Government reiterates commitment to fair implementation

Responding to these concerns, the Centre has maintained that the reforms are necessary to ensure accurate and updated representation based on population data.

Leaders from the ruling side have repeatedly emphasized that the process will be carried out transparently and without bias. The assurance that there will be “no discrimination” is aimed at addressing fears among states and opposition parties.

The debate marks a key moment in Parliament, with both sides engaging in intense exchanges over one of the most significant electoral reforms in recent years.

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