English हिन्दी
Connect with us

India News

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

Published

on

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.

India News

Pralhad Joshi appointed Education Minister after Dharmendra Pradhan’s resignation

Pralhad Joshi has been entrusted with the additional charge of the Education Ministry after President Droupadi Murmu accepted Dharmendra Pradhan’s resignation amid the prolonged student protests over alleged examination paper leaks.

Published

on

Union Minister Pralhad Joshi has been given the additional charge of the Ministry of Education after President Droupadi Murmu accepted the resignation of Dharmendra Pradhan.

The President’s office confirmed the appointment through an official communique issued on Saturday evening. Joshi will continue to hold his existing portfolio as Union Minister of Food and Consumer Affairs while also overseeing the Education Ministry.

Dharmendra Pradhan resigns amid prolonged protests

Dharmendra Pradhan submitted his resignation on the 35th day of the student protests at Delhi’s Jantar Mantar over alleged examination paper leaks.

In his resignation letter, the 57-year-old leader said he chose to step down to prevent anti-national forces from exploiting the situation.

“For over four decades, I have dedicated myself to the cause of students, teachers, and educational reform. I have always believed that a robust, inclusive, and visionary education system forms the cornerstone of a strong nation,” Pradhan said.

CJP ends protest after Centre’s assurance

Hours after Pradhan’s resignation, CJP spokespersons Saurav Das and Ashutosh Ranka, during a joint press conference with Union ministers JP Nadda and Jitendra Singh, announced that the organisation was ending its protest in good faith after receiving assurances from the Centre that its demands would be addressed.

The resignation of Dharmendra Pradhan had been the principal demand of the organisation founded by Abhijeet Dipke, a Boston University graduate who returned to India to lead the campaign against alleged examination paper leaks.

Joshi reiterates government’s stand on students

A day before taking charge of the Education Ministry, Pralhad Joshi said the Centre remained committed to protecting students’ interests and ensuring strict action against irregularities affecting examinations.

He also alleged that anti-social elements were attempting to exploit the CJP-led protests and urged students to remain vigilant while continuing peaceful demonstrations.

“The Modi government has always stood with students and the youth. It remains committed to taking strict action against any irregularities or injustices that affect their future,” Joshi had said.

He added that while students have every right to protest peacefully, they should ensure that their genuine concerns are not misused by anti-social elements.

Continue Reading

India News

Dharmendra Pradhan submits resignation to PM Modi amid student protests

Education Minister Dharmendra Pradhan has submitted his resignation to Prime Minister Narendra Modi, hours before the third round of talks between the Centre and the Cockroach Janta Party.

Published

on

Dharmendra Pradhan

Education Minister Dharmendra Pradhan on Saturday submitted his resignation to Prime Minister Narendra Modi, marking a major development amid the ongoing student protests at Delhi’s Jantar Mantar.

Pradhan announced the decision through a post on X, just hours before the Centre was scheduled to hold the third round of talks with the Cockroach Janta Party (CJP), which has been leading the agitation over alleged irregularities in competitive examinations.

The resignation of the Education Minister had remained the primary demand of the protesters, who have been camping at Jantar Mantar for more than a month seeking accountability and reforms in the examination system.

The latest development comes at a crucial time as both sides prepare for another round of discussions aimed at resolving the prolonged standoff.

As of now, there has been no official announcement from the Prime Minister’s Office on whether Pradhan’s resignation has been accepted. Further details are awaited.

Resignation comes before key Centre-CJP meeting

The announcement was made only hours before representatives of the Centre and the Cockroach Janta Party were expected to meet for the third round of negotiations.

The talks are being closely watched as the government attempts to end the month-long protest, with the resignation of Dharmendra Pradhan remaining one of the protesters’ central demands.

Continue Reading

India News

CJP says Dharmendra Pradhan’s resignation non-negotiable ahead of third round of talks

CJP has hardened its stand before the third round of talks with the Centre, insisting that Education Minister Dharmendra Pradhan’s resignation remains its primary and non-negotiable demand.

Published

on

The Cockroach Janta Party (CJP) has reiterated that the resignation of Union Education Minister Dharmendra Pradhan remains its top demand, just hours before the third round of discussions with the Centre on Saturday.

CJP spokesperson Ashutosh Ranka said the organisation would see little purpose in continuing negotiations if the government was unwilling to remove the minister.

In a post on X, Ranka said Dharmendra Pradhan’s resignation was “non-negotiable” and added that there was no point in holding further discussions if the government rejected the demand.

The third round of talks is scheduled for Saturday afternoon after Union Ministers JP Nadda and Jitendra Singh met CJP representatives for nearly two hours during the second round of discussions on Friday.

According to the CJP, it has placed three key demands before the Centre:

  • Resignation of Education Minister Dharmendra Pradhan.
  • A guarantee that no legal action will be taken against protesting students.
  • Compensation of Rs 1 crore for the families of students who allegedly died by suicide following the NEET paper leak.

During Friday’s meeting, the Centre agreed in principle to two of the demands — ensuring no legal action against protesting students and providing compensation. However, the demand for the Education Minister’s resignation remains unresolved.

Speaking after the meeting, JP Nadda said the protesters had also submitted five suggestions for reforms to the examination system. He said the government would hold internal discussions before responding during Saturday’s meeting.

Government sources, however, indicated that Dharmendra Pradhan’s resignation is not under consideration. According to the sources, the government believes resignation is not the appropriate course of action and continues to back the minister.

Meanwhile, the Centre has announced several measures aimed at tackling examination paper leaks. Prime Minister Narendra Modi has announced the establishment of fast-track courts to hear paper leak cases, while the government is preparing amendments to strengthen the law with stricter punishments and higher fines.

The Centre has also replaced the Education Secretary and removed 47 officials of the National Testing Agency (NTA), while promising broader reforms within the examination body.

Responding to the action against NTA officials, Ashutosh Ranka said the move alone was insufficient. He maintained that accountability ultimately rests with the Education Minister and reiterated that Dharmendra Pradhan must resign.

Continue Reading

Trending

© Copyright 2022 APNLIVE.com