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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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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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Harivansh set to be elected Rajya Sabha Deputy Chairperson unopposed

Harivansh is set to be elected unopposed as Rajya Sabha Deputy Chairman after no opposition nominations were filed before the deadline.

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Former Rajya Sabha Deputy Chairman Harivansh is set to be re-elected to the same post unopposed in the election due to be held later today.
The date has been fixed by the Chairman under the relevant rules governing the conduct of business in the Upper House.
According to sources, the deadline for submitting motions for the election was 12 noon on April 16. A total of five notices were received within the stipulated time, all proposing Harivansh for the post.

Multiple nominations, single candidate
The motions were submitted by members across parties, including Jagat Prakash Nadda, Nitin Nabin, Nirmala Sitharaman, Sanjay Kumar Jha, and Jayant Chaudhary, each backed by seconding members.
All five motions explicitly state that Harivansh be chosen as the Deputy Chairman of the Rajya Sabha.

No opposition nomination filed

Notably, no motion was submitted by the Opposition before the deadline. This effectively clears the path for a unanimous election, as there is no contest for the position.
As per parliamentary procedure, motions will be taken up one by one. Once any one motion is adopted by the House, the remaining motions will not be put to vote.

Likely to be elected by voice vote
In line with established practice, the first motion — expected to be moved by Nadda — may be adopted through a voice vote. Following this, the Chairman will formally declare Harivansh as elected Deputy Chairman.
After the declaration, Harivansh will be escorted to the Chair by members from both the Treasury and Opposition benches, adhering to parliamentary convention.

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