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Delhi BJP leader moves SC seeking ban on candidates contesting polls from more than 1 constituency

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[vc_row][vc_column][vc_column_text]The PIL says practice of candidates contesting from two constituencies is in violation of Constitution and an injustice to voters

Prime Minister Narendra Modi may have contested and won from two Parliamentary constituencies in 2014 – Benaras and Vadodara – and then vacated the latter but the practice of politicians contesting from two constituencies both in federal and provincial elections has irked a spokesperson of the Delhi unit of the BJP.

Advocate and Delhi BJP leader Ashwini Kumar Upadhyay, on Friday, filed a public interest litigation (PIL) in the Supreme Court seeking to restrict candidates from contesting elections for the same office simultaneously from more than one constituency.

The PIL has also sought a direction to the Centre and the Election Commission of India (ECI) to take appropriate steps to discourage independent candidates from contesting Parliament and state assembly elections.

Upadhyay has sought directions from the apex court to declare as invalid and ultra-virus section 33(7) of the Representation of the People (RP) Act, which allows a person to contest a general election or a group of by-elections or biennial elections from two constituencies.

“When a candidate contests from two seats, it is imperative that he has to vacate one of the two seats if he wins both. This, apart from the consequent unavoidable financial burden on the public exchequer, government manpower and other resources for holding bye-election against the resultant vacancy, is also an injustice to the voters of the constituency which the candidate is quitting from,” the PIL states.

Upadhyay say that in July 2004, the then Chief Election Commissioner had urged the then Prime Minister for amendment of Section 33(7) of the RP Act to provide that a person cannot contest from more than one constituency for the same office simultaneously.

“The ECI alternatively suggested that if existing provisions are retained, then the candidate contesting from two seats should bear the cost of the by-election to the seat that the contestant decides to vacate in the event of his/her winning both seats,” the BJP leader’s petition states. It adds that the Centre has not taken appropriate steps on the suggestions of the former CEC till date.

It also sought to discourage independent candidates from contesting elections, saying they were often connected with the issue of “fragmented voting” and instability in the electoral system.

The PIL argues that the practice, which has been adopted in the past by several high-profile political leaders like Congress president Sonia Gandhi, Samajwadi Party patriarch Mulayam Singh Yadav, RJD chief Lalu Prasad Yadav and others, also violates Article 19 on the Constitution.

“Right to know is the fundamental right of every citizen under Article 19 of the Constitution. Citizens cast their vote after knowing the candidate’s character, qualifications, criminal record, etc. When a candidate contests from two seats, it is imperative that he has to vacate one of the two seats if he wins both,” the PIL states.

Upadhyay has claimed that the 170th and more recently the 225th report of the Law Commission as well as the Goswami committee report of 1990 have all endorsed the view that candidates should be allowed to contest only from one constituency in any given election and that the central government must amend the RP Act to facilitate this electoral reform.[/vc_column_text][/vc_column][/vc_row]

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Delhi elections: Congress releases manifesto, promises to conduct caste census

The Congress manifesto goes beyond immediate relief, addressing long-term concerns about unemployment and social justice. The party has committed to providing financial assistance of ₹8,500 per month for one year to educated unemployed youth, a significant investment in human capital development.

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The Congress party launched its ambitious manifesto for the upcoming Delhi Assembly elections on January 29th, 2025, just days before the February 5th polls. The manifesto, unveiled by Delhi Congress president Devender Yadav and Congress communications in-charge Jairam Ramesh, outlines a comprehensive plan aimed at winning back the electorate after their 2013 ousting by the Aam Aadmi Party (AAP). The document, divided into 22 key policy areas, promises a significant departure from the current political landscape in the capital.

Central to the Congress’s strategy is a strong focus on social welfare and economic empowerment. A cornerstone of their plan is monthly financial assistance of ₹2,500 for women, a move designed to directly address the economic needs of households across Delhi. This is complemented by promises of free electricity for up to 300 units, significantly reducing energy costs for consumers.

The party also pledges to provide LPG cylinders at a heavily subsidized rate of ₹500, alleviating the burden of rising fuel prices. Free health insurance coverage up to ₹25 lakh and the distribution of free ration kits are further components of their welfare package.

The Congress manifesto goes beyond immediate relief, addressing long-term concerns about unemployment and social justice. The party has committed to providing financial assistance of ₹8,500 per month for one year to educated unemployed youth, a significant investment in human capital development.

To tackle food insecurity, they propose establishing 100 Indira canteens across the city, offering affordable meals at just ₹5. In a significant political move, the Congress also promises to conduct a caste census, a long-standing demand of various marginalized communities, and to establish a dedicated Ministry for Purvanchalis, reflecting the significant presence of migrants from eastern Uttar Pradesh and Bihar in Delhi.

The launch event was also utilized to sharply criticize the ruling AAP and the BJP-led central government for their perceived failures in addressing Delhi’s persistent air pollution problem. Ramesh, in particular, highlighted the inaction of both parties, positioning Congress as the only viable alternative capable of effectively tackling this critical environmental crisis. With the election results expected on February 8th, the Congress manifesto sets a clear agenda, aiming to resonate with the diverse electorate and secure a return to power in the Delhi Assembly.

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PM Modi slams Kejriwal over poisoning Yamuna remark, compares AAP leaders to serial killer Charles Sobhraj

Modi emphasized that the people of Delhi deserve better, and he called upon them to give him a chance to deliver on his promises after twenty-five years of what he portrayed as misgovernance. The election, he suggested, is a clear choice between transparency and accountability versus the alleged deceit and corruption of the AAP.

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In a sharp attack on Delhi Chief Minister Arvind Kejriwal and the Aam Aadmi Party (AAP), Prime Minister Narendra Modi accused the party of resorting to desperate measures ahead of the February 5th Delhi assembly elections. The PM’s criticism centered on Kejriwal’s recent claim that the Yamuna River was being poisoned, a statement Modi dismissed as a blatant lie fueled by the AAP’s fear of electoral defeat.

Addressing a large public gathering in Kartar Nagar, Modi painted a picture of an AAP government riddled with corruption and deceit. He characterized the party’s governance as a “sheesh mahal” (palace of mirrors), a facade concealing massive misuse of public funds amounting to thousands of crores of rupees.

This alleged financial mismanagement, Modi argued, directly contradicts any genuine concern for the welfare of Delhi’s citizens. The fabricated claims regarding the Yamuna, he asserted, are simply the latest attempt to distract from the AAP’s failures.

To illustrate the AAP’s alleged duplicity, Modi drew a stark comparison to the notorious serial killer Charles Sobhraj. He described Sobhraj’s ability to deceive victims with an air of innocence, highlighting the parallels he saw between the criminal’s tactics and the AAP’s political strategy. Modi emphasized the need for vigilance against such deceptive practices, urging voters to recognize the AAP’s alleged false promises and manipulative tactics.

The Prime Minister’s speech served as a fervent appeal to voters. He positioned himself as an alternative to the long-standing rule of both the Congress and the AAP, promising a fresh approach to governance. He argued that Delhi has reached a turning point, where the electorate is no longer willing to tolerate the “loot and lies” that have allegedly characterized the previous administrations.

Modi emphasized that the people of Delhi deserve better, and he called upon them to give him a chance to deliver on his promises after twenty-five years of what he portrayed as misgovernance. The election, he suggested, is a clear choice between transparency and accountability versus the alleged deceit and corruption of the AAP.

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Supreme Court strikes down domicile-based reservation in PG medical admissions

“Residence-based reservation in PG medical courses is clearly violative of Article 14 of the Constitution,” the bench stated.

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In a landmark judgment on Wednesday, the Supreme Court declared domicile-based reservations in postgraduate (PG) medical courses unconstitutional, stating that they violate Article 14 of the Constitution, which guarantees the right to equality. The ruling establishes a significant precedent, mandating that admissions to PG medical courses under state quotas must be based solely on merit, as determined by the National Eligibility cum Entrance Test (NEET).

A three-judge bench comprising Justices Hrishikesh Roy, Sudhanshu Dhulia, and SVN Bhatti delivered the verdict, emphasizing that state-imposed domicile requirements for PG medical admissions undermine the constitutional principle of equality. “Residence-based reservation in PG medical courses is clearly violative of Article 14 of the Constitution,” the bench stated.

The court underscored that the concept of domicile is unified across India, rejecting the idea of state-specific domiciles. “We are all domiciles in the territory of India. There is nothing like a provincial or state domicile. There is only one domicile. We are all residents of India,” the bench observed. It further highlighted that Article 19 of the Constitution grants every citizen the right to reside, trade, and practice a profession anywhere in the country, including the right to seek admission to educational institutions nationwide.

While the bench acknowledged that domicile-based reservations might be permissible at the undergraduate (MBBS) level, it firmly ruled that such policies cannot be extended to PG medical courses, where specialization and expertise are paramount. “Considering the importance of specialized doctors in PG medical courses, reservation in higher levels on the basis of residence would be violative of Article 14 of the Constitution,” Justice Dhulia stated while reading out the judgment.

The court, however, provided relief to students currently enrolled or those who have already completed their PG medical education under domicile-based reservation schemes. “This judgment will not affect the domicile reservation already granted. Students who are undergoing PG courses and those who have already passed out from such residence categories will not be affected,” the bench clarified.

The ruling came in response to a batch of petitions challenging domicile-based reservations in PG medical admissions at the Government Medical College and Hospital in Chandigarh. In 2019, a two-judge Supreme Court bench had referred the matter to a larger bench after conflicting views emerged over the Punjab and Haryana High Court’s decision to strike down such reservations as unconstitutional.

The three-judge bench’s verdict now brings clarity to the issue, ensuring that PG medical admissions remain merit-based and free from restrictive domicile criteria. The judgment is expected to have far-reaching implications, reinforcing the principle of equal opportunity in higher education and paving the way for a more unified and merit-driven medical education system in India.

The case, Dr. Tanvi Behl (SV) vs. Shrey Goel and Others, had drawn significant attention due to its impact on medical education and the broader debate on reservation policies. With this ruling, the Supreme Court has reaffirmed the importance of meritocracy in specialized fields like medicine, while balancing the interests of students already benefiting from domicile-based reservations.

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