English हिन्दी
Connect with us

India News

Bombay High Court upholds Maratha reservation, but says 16 per cent unjustifiable

Published

on

Bombay High Court upholds Maratha reservation, but says 16 per cent unjustifiable

The Bombay High Court today (Thursday, June 27) upheld the reservation granted to Maratha community in admission to educational institutions and appointments to posts in public services, but said the 16 per cent quota was “unjustifiable”.

The Maharashtra government had decided to provide reservation in government jobs and educational institutions to Marathas yielding to demands after violent agitation by the community through July and August last year. The movement was called by the Sakal Maratha Samaj, an umbrella body of Maratha groups.

A Bench of Justices Ranjit More and Bharti Dangre held that Maharashtra State Reservation (of Seats for Admission in Educational Institutions in the State and for Appointments to the Posts in the Public Services under the State) for Socially and Educationally Backward Category (SEBC) Act, 2018 (SEBC Act) is Constitutional.

However, the court cut down on the quantum of 16 per cent approved by the government on the grounds that it was not “justifiable”. It said that instead of the 16 percent reservation proposed by the State government, the reservation should be capped at 12 percent for jobs and 13 percent for admission to educational institutions as per the recommendation of the State Commission for Backward Classes.

Also Read: Home Minister Amit Shah reviews security, development works in Kashmir, meets family of slain cop

The SEBC Act was enacted pursuant to the recommendations of the State Commission for Backward Classes constituted under the Maharashtra State Backward Classes Commission Act, 2005 (2005 Act) and headed by retired judge, Justice MG Gaikwad.

The verdict came on a petition claiming that the Maharashtra government’s decision amounted to providing the Maratha community with “permanent crutches”. The petitioners also maintained that the reservation of 16 percent afforded to Marathas went against the ceiling limit of 50 percent prescribed by the Supreme Court judgment of Indra Sawhney v. Union of India.

The final arguments commenced on February 6, in the petitions filed by advocates Jaishri Patil, Sanjeet Shukla and Dr Uday Dhople along with others, challenging the notification published by the government on November 30, 2018, providing reservation to the community in government jobs and educational institutions.

The petitioners had contended that Supreme Court judgments mandate periodic revision of lists every ten years to exclude from such lists those classes which have ceased to be backward classes or for including in such lists new backward classes. The said exercise was not done.

They argued that the State Government has passed the SEBC Act on the basis of unquantified data and without revising the list in the light of the provisions of the existing list of backward classes.

The Gaikwad Commission report was also called into question for failing to adhere to the mandate of Indra Sawhney judgment and the Mandal Commission report.

Some of the petitioners had also contended that with the insertion of Articles 342A and 366(26) in the Constitution by way of Constitution (One Hundred and Second) Amendment Act, 2018, the power to identify and specify the socially and educationally backward classes came to be vested solely with the President and the Parliament. The 2005 Act, therefore, stood repealed by implication as it lost its existence as a result of the Constitution (One Hundred and Second Amendment) Act, 2018, the petitioners had stated.

Also Read: Haryana Congress spokesman shot dead in Faridabad near Delhi

The High Court upheld the Gaikwad Commission report and also ruled that the State government’s competence to enact the law is unaffected by the Constitution (One Hundred and Second) Amendment Act, 2018.

The court, as per media reports,said, “The state has legislative competence to give reservation to the socially and educationally backward class and the constitutional amendment of 2018 does not take away the said power of the state.”

The bench further said that the 50 percent ceiling of reservation can be crossed, when there exists extraordinary circumstances, which the state’s backward commission has shown in their report.

Also Read: Trump calls India’s tariff hike unacceptable, says will ask Modi to withdraw it

The state legislature had passed a bill granting 16 per cent reservation in education and government jobs for the Marathas, declared a socially and educationally backward class by the administration, on November 30 last year. This was supposed to be in addition to the existing 52 per cent overall reservation in the state, thereby raising it to 68 per cent.

India News

Man attempting to cross India-Pakistan border in Rajasthan shot dead by BSF personnel

“We are investigating the case under these acts,” he added.

Published

on

Border Security Force (BSF) personnel shot and killed an individual attempting to cross the India-Pakistan border in the Ganganagar district of Rajasthan late on Tuesday, according to police.

Jitendra Kumar, the station house officer at Kesrisinghpur police station, stated that the man was trying to breach the barbed wire fence when he was spotted by BSF personnel. “They advised him to leave the area, but when he continued to advance, the BSF personnel shot him,” said the SHO.

Sriganganagar Superintendent of Police Gaurav Yadav confirmed that the suspect was allegedly trying to enter Indian territory around midnight on December 24, 2024. Despite warnings from the BSF soldiers, he did not heed their calls, which resulted in the shooting.

The incident occurred near a village in the Kesarisinghpur area. Items recovered from the intruder included Pakistani currency notes, a cigarette packet, an identity card, and other belongings. Authorities are currently gathering more information about him.

Ongoing discussions are taking place between the armed forces and police officers regarding the incident. An FIR has been filed that includes charges of trespassing and violations of the Passports Act and the Foreigners Act, according to Kumar. “We are investigating the case under these acts,” he added.

This incident is one of several similar occurrences along the border. In August, the BSF apprehended an intruder named Jagsi Kohli, who had entered about 15 kilometers into Indian territory in Barmer after locals alerted authorities that he was asking for directions to Tharparkar, a district in Pakistan’s Sindh province.

In March of this year, another person attempting to cross the border in Ganganagar was shot by BSF personnel. There have been additional incidents reported in October 2022 and twice in March 2021, all resulting in fatalities among the intruders.

Continue Reading

India News

Amit Shah, JP Nadda, Chandrababu Naidu among leaders at NDA meet in Delhi amid Ambedkar row

The alliance had decided to convene on the birthday of the late BJP leader, noted for successfully leading the first coalition government to complete its term.

Published

on

Union Home Minister Amit Shah, BJP chief J.P. Nadda and Telugu Desam Party (TDP) president and Andhra Pradesh Chief Minister Chandrababu Naidu among leaders of the NDA met in New Delhi on Wednesday to discuss different issues including Shah’s comment on BR Ambedkar days ago in Rajya Sabha.

In attendance, apart from Shah, Nadda and Naidu, JD-U leader and Union minister Rajiv Ranjan Singh, Apna Dal (S) president and Union minister Anupriya Patel, as well as JD (S) leader and Union minister H.D. Kumaraswamy were present.

Also present were Jitan Ram Manjhi, leader of Bihar’s Hindustani Awam Morcha (S) and a minister in the Modi government, Rashtriya Lok Morcha (RLM) president Upendra Kushwaha, a Rajya Sabha MP, and Thushar Vellappally, president of Bharath Dharma Jana Sena.

While the specific agenda of the meeting was not officially disclosed, sources indicated that discussions revolved around good governance and various political issues—principles that were central to Vajpayee’s tenure as Prime Minister. The alliance had decided to convene on the birthday of the late BJP leader, noted for successfully leading the first coalition government to complete its term.

Following the meeting, Nadda shared on X, “Attended the NDA leaders’ meeting in New Delhi today. Under the visionary leadership of PM Narendra Modi, India is achieving unprecedented milestones and has positioned itself as a global superpower. The NDA government remains committed to realizing the vision of ‘Viksit Bharat@2047’, ensuring a brighter and more prosperous future for all.”

Sanjay Nishad, chief of the NISHAD Party in Uttar Pradesh, described the meeting as “informal” and focused on Vajpayee’s legacy. He emphasised the importance of unity among all alliance members heading into future elections, mentioning that they congratulated the BJP leaders for their electoral victories in Haryana and Maharashtra.

Nishad further outlined that the meeting addressed coalition strategies to ensure that Prime Minister Modi’s initiatives effectively reach the populace and that electoral promises are fulfilled. He raised the topic of providing reservations for the fishing community, stating, “I presented evidence on this issue, as it was a poll promise. They will follow up with us next week to discuss it.”

Responding to inquiries about whether Amit Shah’s controversial remarks on Ambedkar were discussed, Nishad said, “We are here for the welfare of the people. Our energy should focus on achieving success in that area, rather than engaging with negativity from opposition parties.”

The NDA meeting underscores the alliance’s commitment to the proposed simultaneous elections, with all members backing the initiative. A Joint Committee of Parliament, established to review two bills related to simultaneous polls, is set to convene on January 8.

Continue Reading

India News

Manipur CM Biren Singh says state needs immediate peace, understanding between two communities

He claimed that the administration is responding quickly to the displaced people’s needs in areas such as education and agriculture.

Published

on

Manipur Chief Minister N Biren Singh on Wednesday emphasised the urgent need for peace in the state, which has faced ethnic violence since May of last year, and called on two communities to reach a mutual understanding.

Speaking at the Good Governance Day event held at the state BJP headquarters, Singh expressed confidence that the BJP could restore stability to the northeastern state, highlighting the party’s commitment to coexisting harmoniously.

“What is happening in Manipur today has multiple causes. Those who seek to divide the state are now questioning the government’s actions… they are driven by a desire for power,” Singh remarked.

He mentioned several initiatives, such as ‘Meeyamgi Numit’ (People’s Day), designed to foster closer relationships between officials and the public. “We do not oppose any specific community. The BJP’s position is clear: we advocate for the idea of living together and have initiated efforts to strengthen ties between the police and the community,” he stated.

Singh added that the state government is diligently addressing the needs of internally displaced persons by establishing committees throughout the administrative framework. He claimed that the administration is responding quickly to the displaced people’s needs in areas such as education and agriculture.

“We have not made any mistakes. Our goal is to ensure the well-being of future generations. It is essential for both communities to remain calm. Rather than dwelling on the past, we should concentrate on the upcoming NRC process, capturing biometrics, and using 1961 as the foundation year for the Inner Line Permit,” Singh said.

He also highlighted the government’s commitment to acting within a democratic and constitutional framework, noting that achieving these goals will take time. “What we require now is immediate peace and a resolution of misunderstandings between the two communities,” he concluded.

The ongoing violence has resulted in the deaths of over 250 individuals and left thousands homeless due to clashes between the Meitei community and Kuki-Zo groups since last May.

“Only the BJP can save Manipur. BJP leaders possess strong values of nationalism and social justice, practicing reality-based politics in the nation’s interest. If I am not nominated for a ticket by the BJP, I will remain loyal to the party,” Mr. Singh added.

He also highlighted several unity-focused projects initiated by the BJP government, mentioning that a Unity Mall featuring stalls from all ethnic groups in the state will be constructed with an investment exceeding ₹140 crores.

Continue Reading

Trending

© Copyright 2022 APNLIVE.com