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Madras High Court notice to Centre on 10 per cent quota for poor

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Madras High Court

[vc_row][vc_column][vc_column_text]The Madras High Court today (Monday, Jan 21) issued a notice to the Centre on a petition challenging the Constitution (One Hundred and Third Amendment) Act, 2019 providing 10 per cent reservation for economically weaker sections (EWS) in the general category.

The HC has asked the Centre to file its reply by February 18.

The HC was hearing a petition, filed last week by DMK organising secretary RS Bharathi, stating that reservation was not a “poverty alleviation programme” but a “social justice programme to uplift communities which have not had access to education or employment and consequently do not have representation in the services of the state or in upper echelons of society.”

The Madras HC decision came after a bench of Justices S Manikumar and Subramoniam Prasad heard arguments made by the petitioner and the State.

Appearing for the petitioner, senior advocate P Wilson argued that reservation was introduced in the interest of communities that are socially and educationally backward. The state cannot introduce new economic criteria, Bar and Bench quoted Wilson as saying.

“Tomorrow, a person who has an Audi car may come as EWS. The substance is that it is upper caste reservation…It affects the basic structure of the Constitution,” he said.

Defending the law, under which a family with gross annual income below Rs 8 lakh will be eligible for reservation, ASG Rajagopalan, appearing for the state, said the petition was moved in political interest rather than public interest. Rajagopalan argued that Bharathi cannot misuse the court to achieve what he could not achieve in the Rajya Sabha.

Opposing the contentions, senior advocate and former additional solicitor-general P Wilson submitted that it was the union government which was opposing the case politically.

Wilson said reservations were not poverty alleviation programmes but were more in the nature of social justice to uplift communities which had not had access to education or employment for centuries.

“Therefore, essentially, the exception to the equality clause is only available to those communities which were ostracised for centuries in matters of education and employment. However, economic criteria have been used as a filter to exclude the creamy layer, persons belong to the backward classes but who are economically advanced. Hence, application of economic criteria solely is not contemplated as an exception to the rule of equality, and consequently to provide reservation solely on economic criteria offends the basic structure of the Constitution,” he added.

Holding that the DMK’s petition opposing reservation for economically weaker sections among forward communities is not politically motivated, Madras HC issued notice to the Centre.

“The Constitution talks about Scheduled Caste, Scheduled Tribe, Backward and other communities. Who could be persons falling under other communities?” asked the HC Bench, said a Times of India (TOI) report.

When ASG Rajagopalan said, they are the communities which do not figure on the reservation radar, the bench asked,“Who are they?”

The bench then ordered notice to the union government and directed it to file its reply by February 18.

The 10 per cent reservation, passed in Parliament and ratified by the President, will be in addition to the existing cap of 50 per cent reservation for the Scheduled Castes, Scheduled Tribes and the Other Backward Classes, taking the total reservation to 60 per cent.

The reservation in Tamil Nadu is already at 69 per cent due to the operation of the Tamil Nadu Backward Classes, Schedules Castes and Scheduled Tribes (Reservation of Seats in Educational Institutions and of Appointments or Posts in the Services under the State) Act, 1993 (Tamil Nadu Act 45 of 1993) which has the protection of Article 31-B and has been placed in the IXth Schedule of the Constitution.

Therefore, in Tamil Nadu, the reservation cannot exceed the 69 per cent when compared to other states, where it cannot exceed 50 per cent of the total seats available since the same would then be contradictory to the principle enshrined in Articles 14, 15(1) and 16 (1) of the Constitution, the petition contended.[/vc_column_text][/vc_column][/vc_row]

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Canada fact checks own media, rejects report claiming PM Modi knew of Nijjar murder plot

The clarification comes after a Canadian newspaper cited an unnamed national security official, claiming the alleged plot to murder Nijjar was orchestrated by Union Home Minister Amit Shah.

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Canada fact checks own media, rejects report claiming PM Modi knew of Nijjar murder plot

The Canadian government clarified that there is no evidence to connect Prime Minister Narendra Modi or his top officials to any criminal activity in Canada, including the killing of Khalistani terrorist Hardeep Singh Nijjar.

The clarification comes after a Canadian newspaper cited an unnamed national security official, claiming the alleged plot to murder Nijjar was orchestrated by Union Home Minister Amit Shah. The media report further alleged that PM Modi, External Affairs Minister S Jaishankar, and National Security Adviser Ajit Doval were informed about the plan.

Nonetheless, the same report acknowledged that the Canadian government had no direct evidence to support these claims against PM Modi. Issuing a statement, the Canadian government distanced itself from these allegations, mentioning that there was no substantiating evidence.

The statement underlined that on October 14th, because of a significant and ongoing threat to public safety, the RCMP and officials took the extraordinary step of making public accusations of serious criminal activity in Canada perpetrated by agents of the government of India.

It added that the government of Canada has not stated, nor is it aware of evidence, linking Prime Minister Modi, Minister Jaishankar, or NSA Doval to the serious criminal activity within Canada. It remarked that any suggestion to the contrary is both speculative and inaccurate.

Earlier, India furiously rejected the Canadian daily’s report as ludicrous, terming it detrimental to diplomatic ties that have been frosty since Canadian Prime Minister Justin Trudeau first accused India of involvement in Nijjar’s killing last year.

Ministry of External Affairs spokesperson Randhir Jaiswal said that they do not normally comment on media reports, but such ludicrous statements made to a newspaper purportedly by a Canadian government source should be dismissed with the contempt they deserve. He added that smear campaigns like this only further damage our already strained ties.

Diplomatic ties between India and Canada weakened when the Royal Canadian Mounted Police (RCMP) accused Indian government agents of involvement in criminal activities on Canadian soil, including murder, extortion, and intimidation. As the diplomatic rift intensified, both the countries expelled top envoys in response.

Hardeep Singh Nijjar was gunned down outside a gurdwara in Surrey, British Columbia, in June 2023. Earlier in 2024, Canadian authorities arrested and charged four Indian nationals for the murder.

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India News

Parliament winter session: Government lists 15 bills, including Waqf bill

The session will kick off on November 25 and conclude on December 20.

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The government has listed five new ones and one to amend the contentious Waqf law out of 15 bills for the winter session of Parliament. The session will kick off on November 25 and conclude on December 20.

The government has introduced five new bills, including the Coastal Shipping Bill, 2024, which aims to promote coasting trade and increase the participation of Indian-flagged vessels owned and operated by Indian citizens for both national security and commercial purposes.

Another significant legislation that will be introduced by the government is the Indian Ports Bill, 2024. This bill is designed to implement measures for the conservation of ports, enhance security, and manage pollution, ensuring compliance with India’s international obligations and statutory requirements.

Additionally, the government plans to introduce the Merchant Shipping Bill, 2024, which aims to meet India’s obligations under maritime treaties and support the development of Indian shipping while ensuring the efficient operation of the Indian mercantile marine in a way that serves national interests.

Pending legislation includes the Waqf (Amendment) Bill, which is awaiting consideration and passage after the joint committee of both Houses submits its report to the Lok Sabha. The committee is expected to report by the end of the first week of the winter session.

Currently, there are eight bills, including the Waqf (Amendment) Bill and the Mussalman Wakf (Repeal) Bill, pending in the Lok Sabha, while two additional bills are in the Rajya Sabha.

Furthermore, the government has also listed the Punjab Courts (Amendment) Bill for introduction, consideration, and passage, which seeks to increase the pecuniary appellate jurisdiction of Delhi district courts from Rs 3 lakh to Rs 20 lakh.

The Merchant Shipping Bill, along with the Coastal Shipping Bill and the Indian Ports Bill, is slated for introduction and eventual passage.

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International Criminal Court issues arrest warrant against Israel PM Benjamin Netanyahu over war crimes

The court accused Prime Minister Netanyahu and Defence Minister Gallant of crimes against humanity, including murder, persecution, inhumane acts, and the war crime of starvation as a method of warfare.

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International Criminal Court issues arrest warrant against Israel PM Benjamin Netanyahu over war crimes

The International Criminal Court (ICC) today issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant over alleged war crimes and crimes against humanity.

The court accused Prime Minister Netanyahu and Defence Minister Gallant of crimes against humanity, including murder, persecution, inhumane acts, and the war crime of starvation as a method of warfare. The leaders allegedly restricted essential supplies such as food, water, and medical aid to civilians in Gaza, resulting in severe humanitarian crises and deaths, including among children.

Last year in October, Israel had launched attacks on Gaza in retaliation for the surprise attack by Hamas. The Israel-Hamas war has led to the death of thousands of civilians, while lakhs have been displaced. The major infrastructures in Gaza, including hospitals and schools, were also destroyed as Israel vowed to wipe out Hamas.

The International Criminal Court stated that it found reasonable grounds to believe the accused intentionally targeted civilians and limited medical supplies, forcing unsafe medical procedures, which caused immense suffering. This ruling was based on the findings from at least October 8, 2023 until at least May 20, 2024.

The court remarked that it has assessed that there are reasonable grounds to believe that PM Netanyahu and Defence Minister Gallant bear criminal responsibility as civilian superiors for the war crime of intentionally directing attacks against the civilian population of Gaza.

Furthermore, it also noted that the lack of food, water, electricity and fuel, and medical supplies created conditions of life calculated to bring about the destruction of part of the civilian population in Gaza, leading to death of civilians, including children due to malnutrition and dehydration.

Additionally, the International Criminal Court dismissed two challenges by Israel against its jurisdiction in the situation in the State of Palestine.

Notably, Israel had contested the ICC’s jurisdiction, claiming it could not be exercised without Israel’s consent. Nonetheless, the Chamber ruled that the Court has jurisdiction based on Palestine’s territorial scope, including Gaza, the West Bank, and East Jerusalem. It further noted that Israel’s objections were premature, as jurisdictional challenges under the Rome Statute can only be made after an arrest warrant is issued.

Reportedly, Israel had also requested a fresh notification regarding the investigation, started in 2021. Denying the request, the court stated that Israel had earlier declined to request a deferral, making additional notifications unnecessary.

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