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10 per cent quota for general category EWS: SC refuses stay, issues notice to Centre

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Supreme Court

While refusing to stay the implementation of 10 per cent quota for economically weaker sections (EWS) in jobs and admissions to education institutions, including private ones, the Supreme Court today (Friday, Jan 25) issued notice to the Centre giving it four weeks to respond to a petition challenging the Constitutional amendment enabling the quota.

A bench, headed by Chief Justice of India Rajan Gogoi and comprising Justice Sanjiv Khanna, was hearing petitions that seek quashing of the Constitution (103rd Amendment) Act, 2019 on the ground that it violates the basic features of the Constitution and contradicts several judgments of the Court protecting the fundamental rights.

The petitioners contend that the amendments made to Article 15 and 16 of the Constitution are legally unsustainable as they violate the Basic Structure doctrine laid down by the Supreme Court in its Kesavananda Bharati verdict by doling out reservation benefits based on economic backwardness.

The petitioners have also said that the amendments are also a violation of the Supreme Court’s nine-judge Bench judgment in Indra Sawhney case which had settled the law that economic backwardness cannot be the sole basis for reservation.

The Indra Sawhney judgment had capped reservations – meant explicitly for those from the scheduled castes, scheduled tribes and socially backward classes – at 50 per cent. The 50% ceiling limit of quota had been “engrafted as a part of the Basic Structure of the Constitution’s equality code” by the Court.

The petitioners say the amendments excluded the OBC and the SC/ST communities from the scope of the economic reservation. This, it says, “essentially implies that only those who are poor from the general categories would avail the benefits of the quotas.”

They argue that the high creamy layer limit of Rs. 8 lakh per annum ensured that the elite capture the reservation benefits.

“By way of the present amendments, the exclusion of the OBCs and the SCs/STs from the scope of the economic reservation essentially implies that only those who are poor from the general categories would avail the benefits of the quotas. Taken together with the fact that the high creamy layer limit of Rs 8 lakh per annum ensures that the elite in the OBCs and SCs/STs capture the reservation benefits repeatedly, the poor sections of these categories remain completely deprived,” says a petition.

It says the Court had settled the law that the “State’s reservation policy cannot be imposed on unaided educational institutions, and as they are not receiving any aid from the State, they can have their own admissions provided they are fair, transparent, non-exploitative and based on merit”.

The plea states, “While the impugned amendment attempts to overcome the applicability of Articles 19(1)(g) and 29(2), it remains completely silent on Article 14, which right protects the citizens from manifestly arbitrary State action.”

The petition also contends that the term “economically weaker sections” remained undefined in the Bill along with the “ambiguous” term of “State.”

Both Houses of Parliament, during the winter session, passed the Constitution (One Hundred and Twenty Fourth Amendment) Bill, 2019 – which became the Constitution (103rd Amendment) Act after it was passed and got the President’s assent – providing 10 per cent quota for the EWS for general category candidates in government jobs and higher education institutions.

Several states have already implemented the quota, including Gujarat, Uttar Pradesh and Himachal Pradesh.

Under the Act, people whose families have a gross annual income of up to Rs 8 lakh, from all sources, can avail the quota. Families which own over five acres agricultural land, over 1,000 square feet house, over 100 yard plot in notified municipal area, or over 200 yard plot in non-notified municipal area cannot avail the benefit of this reservation.

Besides the petitions now in the Supreme Court, a similar plea has also been filed by the DMK in Madras High Court challenging the amendments.

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AI errors in voter list digitisation causing hardship during SIR, Mamata writes to EC chief

Mamata Banerjee has written to the chief election commissioner alleging that AI-driven digitisation errors in electoral rolls are causing hardship, harassment and distress to genuine voters during the SIR process in West Bengal.

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mamta banerjee

West Bengal Chief Minister Mamata Banerjee has once again written to Chief Election Commissioner Gyanesh Kumar, alleging that errors arising from AI-driven digitisation of the 2002 electoral rolls are causing widespread hardship to genuine voters during the ongoing Special Intensive Revision (SIR) exercise in the state.

In her fifth letter since the SIR process began, Banerjee claimed that the use of artificial intelligence tools to digitise older voter lists led to serious inaccuracies in electors’ personal details. According to her, these errors have resulted in large-scale data mismatches, with many genuine voters being wrongly flagged as having “logical discrepancies”.

The chief minister accused the Election Commission of disregarding statutory processes that had been followed over the past two decades. She said voters were now being forced to re-establish their identity despite corrections having been made earlier through quasi-judicial hearings.

Calling the approach arbitrary and illogical, Banerjee alleged that it went against the constitutional spirit by effectively disowning the commission’s own past actions and mechanisms. She further claimed that voters submitting documents during the SIR exercise were not being given proper acknowledgements, terming the procedure “fundamentally flawed”.

Raising concerns over the nature of hearings, Banerjee said the SIR process had become largely mechanical and overly dependent on technical data, lacking sensitivity, human judgment and compassion. She argued that such an approach undermines democratic values and the constitutional framework.

Highlighting the human impact of the exercise, the chief minister claimed that the revision process had already seen 77 deaths, four suicide attempts and 17 cases of hospitalisation. She attributed these incidents to fear, intimidation and excessive workload caused by what she described as an unplanned exercise by the Election Commission.

Banerjee also criticised the treatment of several eminent citizens, alleging that they were subjected to harassment during the process. She further expressed concern over the handling of cases involving women voters, particularly those who had changed their surnames after marriage or shifted to their matrimonial homes.

According to her, women electors were being questioned and summoned to prove their identity, reflecting a lack of social sensitivity and amounting to an insult to women and genuine voters. She questioned whether a constitutional authority should treat half of the electorate in such a manner.

Urging immediate corrective steps, Banerjee called on the Election Commission to address the issues arising from the SIR exercise to end what she described as harassment and agony for both citizens and officials, and to safeguard democratic rights.

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Communist Party of China delegation visits BJP headquarters in Delhi

A delegation from the Communist Party of China, led by Vice Minister Sun Haiyan, visited the BJP headquarters in Delhi and held discussions on inter-party communication.

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China delegation visits BJP office

A delegation from the Communist Party of China (CPC), led by Sun Haiyan, Vice Minister of the International Department of the CPC Central Committee (IDCPC), visited the Bharatiya Janata Party (BJP) headquarters in Delhi on Monday.

During the visit, the Chinese delegation held discussions with a BJP team headed by party general secretary Arun Singh. The talks focused on ways to advance inter-party communication and engagement between the BJP and the CPC.

Sharing details of the meeting, BJP foreign affairs department in-charge Vijay Chauthaiwale said the interaction involved an in-depth exchange on strengthening party-to-party dialogue. He confirmed the visit in a post on social media, stating that the CPC delegation was received at the BJP head office as part of ongoing inter-party interactions.

The Chinese Ambassador to India, Xu Feihong, was also present during the meeting, accompanying the CPC delegation.

According to Chauthaiwale, the visit was led by Sun Haiyan in her capacity as Vice Minister of the IDCPC, underscoring the importance attached to party-level exchanges between the two sides.

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Only Marathi leadership will run BMC, says Fadnavis ahead of civic polls

Devendra Fadnavis says BMC will remain under Marathi leadership, dismissing opposition claims of threats to the Marathi community ahead of civic polls.

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Devendra Fadnavis

With elections to major civic bodies approaching, Maharashtra Chief Minister Devendra Fadnavis on Monday asserted that the Brihanmumbai Municipal Corporation (BMC) would continue to be led by a Marathi leader, rejecting opposition claims that the interests of the “Marathi manush” were under threat.

Addressing the political narrative around Marathi identity, Fadnavis said that it was not the Marathi community whose existence was at risk, but certain political forces attempting to create fear ahead of the polls. He stressed that Maharashtra belongs to all Marathi people and not to any single political group.

“I want to reiterate that only a Marathi person will be at the helm of affairs in the BMC. Only Marathi will lead,” the chief minister said, pushing back against allegations of marginalisation of the Marathi community.

Language policy row and cabinet decision

Responding to criticism over the language policy debate, Fadnavis said the recommendation to teach Hindi and English in schools was approved during the tenure of former chief minister Uddhav Thackeray. He clarified that the present government had merely constituted a committee to examine the implementation of that earlier cabinet decision.

According to Fadnavis, the report recommending the inclusion of Hindi and English was submitted in September 2021 and received cabinet approval in January 2022, with the decision being reaffirmed later. “We have only formed a committee to study the implementation of that decision, yet unnecessary controversy was created,” he said.

Opposition sharpens attack

Earlier, Shiv Sena (UBT) chief Uddhav Thackeray accused the state government of damaging Mumbai over the last three years and claimed that the work carried out by the undivided Shiv Sena over 25 years was being undone.

The political rhetoric intensified further after Maharashtra Navnirman Sena (MNS) chief Raj Thackeray called for Marathi unity, warning that Maharashtra’s language, land and identity were under threat. Addressing party workers, he said any attempt to impose Hindi in the state would be opposed and described the upcoming BMC polls as a decisive election for the Marathi community.

The exchanges come ahead of elections to 29 municipal corporations across Maharashtra, including the BMC, Pune Municipal Corporation and Pimpri-Chinchwad Municipal Corporation. Polling is scheduled for January 15, with counting to take place on January 16.

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