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No need to collect data on SC/ST for quota in job promotions, says Supreme Court

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No need to collect data on SC/ST for quota in job promotions, says Supreme Court

The Supreme Court today (Wednesday, September 26) ruled that states don’t have to collect quantifiable data on ‘backwardness’ for giving quota in job promotion to SC/ST employees.

A five-judge constitution bench headed by Chief Justice Dipak Misra and also comprising Justices Kurian Joseph, RF Nariman, SK Kaul and Indu Malhotra refused to refer the pleas against its 2006 judgment in M Nagaraj vs Union of India to a larger seven-judge bench, while ruling that the guidelines laid down by it in the case for providing reservations in job promotions were “bad in law”.

The court termed the Nagaraj verdict and the guidelines laid out in it for reservations as being contrary to the Supreme Court’s historic judgment in the Indra Sawhney case.

However, the court was silent on the other two caveats put by Nagraj judgment— collection of data on adequacy of representation of SC/ST in promotional posts and not to disturb administrative efficiency.

The SC bench had reserved its verdict on August 30 after hearing various stakeholders, including the Centre, on the matter.

The Nagaraj verdict was pronounced on October 19, 2006 by a five-judge Constitution Bench comprising Justice YK Sabharwal, KG Balakrishnan, SH Kapadia, CK Thakker and PK Balasubramanyan.

The court had said, “…State will have to show in each case the existence of compelling reasons, namely backwardness, inadequacy of representation and overall administrative efficiency, before making provision for reservation in promotion,” reported India Legal.

The Centre and various state governments had also sought reconsideration of this verdict on various grounds, including that the members of the SC and ST communities are presumed to be backward and considering their stigma of caste, they should be given reservation even in job promotions. The verdict was proving to be a hurdle to filling up lakhs of vacancies in different government departments spread across various States.

The Centre had alleged that the verdict in the M Nagraj case had put unnecessary conditions in granting quota benefits to the SC and ST employees and sought its reconsideration by a larger bench.

Attorney General KK Venugopal, appearing for the Centre, had strongly argued in favour of granting quota to SC and ST employees, saying there was a presumption of backwardness in their favour.

He said the SC and ST communities have been facing caste-based discrimination for long and the stigma of caste is attached to them despite the fact that some of them have come up.

During one of the hearings, senior advocate Rakesh Dwivedi, who represents those opposing quota in promotions, had told the bench that earlier there was presumption of backwardness with regard to scheduled caste and scheduled tribe communities.

There should not be quota in promotions for higher services as the presumption of backwardness of SC and ST employees “vanishes” once they join government service, he had claimed.

Dwivedi had also said quota in promotions for SC/ST may be continued for class-IV and class-III services, but should not be allowed for higher services.

Earlier, the top court had questioned the logic behind granting quota in promotions in government jobs to the kith and kin of affluent persons among the SC and ST communities who have been holding high official positions.

It had asked why the ‘creamy layer’ principle, used to exclude the affluent among other backward classes (OBCs) from enjoying the fruits of reservation, cannot be made applicable to deny quota benefits in promotion to those affluent among the SC and ST communities.

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Delhi Elections: Arvind Kejriwal-led AAP delegation meets EC over voter deletion issue, submits proof

The former Deputy Chief Minister further claimed that a large number of applications have been made to delete voters’ names from the electoral rolls, including those of people who have been living in the same area for years.

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Delhi Elections: Arvind Kejriwal-led AAP delegation meets EC over voter deletion issue, submits proof

Arvind Kejriwal-led Aam Aadmi Party delegation on Wednesday met the Election Commission to present evidence on the alleged deletion of voters’ names in the electoral rolls ahead of the Delhi assembly elections.

Speaking to the media, AAP National Convenor Arvind Kejriwal said that  today they met the Election Commission and submitted before them 3000-page evidence on how BJP is conspiring to cut votes of people of the national capital. He added that votes of the poor, SC and Dalits are being cut. 

The former Delhi Chief Minister stated that they told EC how a BJP member did the work of cutting the votes of 11,000 people in the Shahdara area. He mentioned that they have requested the EC to stop this mass deletion of names before elections and FIRs be registered against those who have applied mass deletion of names. The Election Commission has said that no mass deletions will be done before elections, he continued.

Arvind Kejriwal also mentioned that in cases of voter deletions, a field inquiry will be carried out by the Booth Level Officer (BLO), accompanied by representatives from various political parties.

Earlier on Wednesday, senior AAP leader Manish Sisodia at a press conference alleged that the BJP had submitted a large number of applications for the deletion of voters names from the electoral rolls.

The Senior AAP leader said that when it has become impossible for the BJP to defeat AAP in Delhi, and when it has become impossible to stop Arvind Kejriwal, they are trying to defeat AAP by cutting votes. 

The former Deputy Chief Minister further claimed that a large number of applications have been made to delete voters’ names from the electoral rolls, including those of people who have been living in the same area for years.

The AAP,  which is aiming for a third consecutive term, has accused the BJP of attempting to manipulate the voter rolls to influence the elections.

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No-confidence motion: Congress President Mallikarjun Kharge says Rajya Sabha Chairman Jagdeep Dhankhar a government spokesperson

The Congress Chief explained that the INDIA bloc was compelled to bring the no-confidence resolution due to the prevailing circumstances.

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Congress President Mallikarjun Kharge on Wednesday launched a scathing attack at Rajya Sabha Chairman and Vice President Jagdeep Dhankhar, calling him the biggest government spokesperson. The Congress President said that the biggest reason for disruptions in the Rajya Sabha is the Chairman itself. 

Recently, the INDIA alliance has submitted a notice to bring a motion in Rajya Sabha for the removal of Vice President Jagdeep Dhankhar. Speaking about the opposition parties’ motion, Mallikarjun Kharge pointed out that no resolution had been brought to remove the Vice President since 1952 as the person occupying the post were unbiased and beyond politics and always ran the House as per the rules. However, today, there is more politics than rules in the House, he continued.

He further claimed that the Rajya Sabha Chairman does schooling like a headmaster.  He maintained that from the opposition side, whenever important issues are raised, as per rules the Chairman does not allow the House to have the discussion in a planned way. He mentioned that time and again opposition leaders are stopped from speaking.

Mallikarjun Kharge alleged that Vice President Dhankhar’s fidelity was towards the ruling BJP instead of the Constitution and consitutional tradition.

He added that the Chairman is also working as a spokesperson of the government for his next promotion. He also asserted that he has no hesitation in saying that the biggest disruptor in Rajya Sabha is the Chairman himself.

He also claimed that the Rajya Sabha Chairman’s actions had damaged the dignity of the country. The Congress Chief explained that the INDIA bloc was compelled to bring the no-confidence resolution due to the prevailing circumstances.

He concluded that the Opposition have no personal enmity or political fight with him, but want to tell the countrymen that they have taken this step to safeguard democracy, the Constitution, and after giving it a lot of thought.

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Rahul Gandhi meets Lok Sabha speaker Om Birla amid Parliament standoff, asks to expunge derogatory remark against him

BJP Lok Sabha MPs Nishikant Dubey and Sambit Patra on December 5 had riled up the Opposition Congress by alleging links between Rahul Gandhi and Hungarian.

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Rahul Gandhi meets Lok Sabha speaker Om Birla amid Parliament standoff, asks to expunge derogatory remark against him

Amid Parliament Standoff, Leader of Opposition in the Lok Sabha Rahul Gandhi met Speaker Om Birla and urged him to expunge derogatory remarks made in the House against his family and the Congress. 

After the meeting, Rahul Gandhi told the reporters that the speaker said that he would look into the matter regarding derogatory comments. He added that the Opposition’s aim is that the House must run and discussion should happen in the House. The Congress leader remarked that no matter what the BJP says about him, they want to have a debate on December 13. He continued that the BJP will keep levelling allegations on them but the House must function.

BJP Lok Sabha MPs Nishikant Dubey and Sambit Patra on December 5 had riled up the Opposition Congress by alleging links between Rahul Gandhi and Hungarian.

A day after, while speaking in the House, Nishikant Dubey brought up Soros and the global investigative news network OCCRP (Organised Crime and Corruption Reporting Project).

The BJP leader remarked that the Congress has relations with OCCRP, which gets all its funds from the US government and George Soros. He further questioned if Rahul Gandhi took money from George Soros for the Bharat Jodo Yatra?”

The BJP MP’s statement had caused a high-voltage drama as Congress MPs stormed the Well of the House in protest. Later, the House was adjourned. Following, the Congress members demanded to know the status of their notices regarding breach of privileges against Dubey and Patra.

While responding to queries about BJP’s Patra calling Rahul Gandhi a traitor, Congress MP Priyanka Gandhi Vadra said that those who can call Jawaharlal Nehru, Indira Gandhi and Rajiv Gandhi traitors, have no qualms about calling Rahul Gandhi one. 

Notably, the Winter Session of Parliament has been a washout so far after repeated disruptions on multiple issues. When the session commenced, Congress MPs demanded a discussion on the US Department of Justice indictment against the directors of Adani Green, which led to differences within the Opposition ranks because Congress allies like Trinamool Congress wanted the House to function and discuss issues such as price rise, Manipur unrest and unemployment.

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