English हिन्दी
Connect with us

India News

Supreme Court allows sub-classification of Scheduled Castes, Scheduled Tribes for reservation, overrules 2005 judgment

SC overruled its 2005 judgment of EV Chinnaiah Vs State of Andhra Pradesh.

Published

on

The Supreme Court on Thursday allowed the sub-classification of Scheduled Castes and Scheduled Tribes into different groups based on their inter se backwardness for reservation benefits, overruling its 2005 judgment of EV Chinnaiah Vs State of Andhra Pradesh.

A Constitutional bench of seven judges headed by Chief Justice of India DY Chandrachud with a 6:1 majority overruled the 2005 judgment, which states that only the President has the power to notify the inclusion or exclusion of a caste as a Scheduled Castes, and the State cannot tinker with the list under Article 341 of the Constitution.

The Chinnaiah verdict had also held that any sub-classification of the Scheduled Castes would violate Article 14 of the Constitution.

Chief Justice Chandrachud noted that Scheduled Castes are not an integrated or homogenous group.

The other judges are B R Gavai, Vikram Nath, Bela M Trivedi, Pankaj Mithal, Manoj Misra, and Satish Chandra Sharma. Justice Bela Trivedi dissented from the majority and ruled that such sub-classification is not permissible.

Pronouncing its majority judgment, the bench said that the members of SCs and STs are not able to climb up the ladder due to the systemic discrimination faced by them. The Apex Court said that under Article 14, sub-classification of caste is permitted.

The Court noted that out of 25 castes, only 9 are Scheduled Castes in Madhya Pradesh. Asserting that the Court noted that sub-classification of SCs and STs by states will not violate Article 341.

The Top Court also said that it has not found anything in Articles 15, 16, and 341 that prevents sub-classification for SCs, adding that the Court said states can sub-classify for the inadequate representation of some classes.

The Court asserted that when a state sub-classifies, it should be backed up by empirical information and should not be based on whims, and to meet political ends.

One of the seven judges, Justice Gavai said that the state must frame a policy to identify the creamy layer among the SCs and STs category and take them out of the fold of affirmative action and the Court noted that this is the only way to gain true equality.

Another judge of the Constitutional bench, Justice Vikram Nath was of the view that the creamy layer principle applicable to OBCs should apply to SCs and STs but the criteria for excluding the creamy layer for the purpose of affirmative action could be different from that of OBCs.

Chief Justice and Justice Manoj Misra held the same opinion. Justices Gavai, Nath, Mithal, and Sharma agreed with the Chief Justice regarding the States’ power to sub-classify SCs based on supporting empirical data. They also suggested that the creamy layer principle should apply to SCs/STs. Justice Trivedi delivered the sole dissenting opinion on the seven-judge Bench.

   

India News

Jharkhand elections: Rahul Gandhi says PM Modi serving interests of billionaires at expense of poor

“We represent ‘mohabbat ki dukan’ (a shop of love), while they run ‘nafrat ka bazar’ (a market of hatred),” he said.

Published

on

Leader of Opposition in the Lok Sabha and Congress leader Rahul Gandhi on Friday accused Prime Minister Narendra Modi of serving the interests of billionaires at the expense of India’s poor.

Addressing an election rally in Jharkhand’s Bokaro district, Gandhi said: “The money that Narendra Modi is giving to his friend is your money. It is written in the Constitution that you have rights over water, forest and land. That is why BJP wants to destroy the Constitution so that you do not get your rights.”

“You pay GST, but everything is taken away from you. Dharavi in ​​Maharashtra is the land of the poor, but it is being taken away from them and no one is saying anything. The media also never talks about farmers, labourers or steel plants because these belong to Adani. That is why they show Modi’s face 24 hours a day,” he charged.

“PM Modi keeps calling himself OBC, but till date he has not done anything for the Dalits, backward classes and tribals. The Modi government is distributing the country’s wealth to a select few. Hospitals, education system, industry… everything is being privatised. Modi has waived off Rs 16 lakh crore of billionaires, but he has not waived off a single rupee of farmers,” he charged further.

Gandhi also criticised PM Modi for repeatedly referencing a “red book,” emphasising that its content holds significance rather than its color. “If you had truly engaged with it, you wouldn’t be promoting hatred and dividing our society,” he said while addressing the rally in Godda district.

He described the current political landscape as a battle of ideologies between the Opposition bloc INDIA and the BJP-RSS. “We stand in defense of the Constitution, while the BJP-RSS seeks to discard it. They are inciting violence and attempting to fracture society along caste, creed, and religious lines,” he alleged.

Expressing that he was not afraid of Modi and his so-called “56-inch chest,” Gandhi said, “He is merely a puppet for the wealthy.” He accused the Prime Minister of preaching to the public during the day yet mingling at industrialists’ weddings at night.

Gandhi claimed that the government led by Uddhav Thackeray in Maharashtra was destabilised to facilitate the land acquisition. He alleged that Modi is attempting to transfer land valued at Rs 1 lakh crore in Dharavi, Mumbai, to a business tycoon.

He advocated for a nationwide caste census, asserting that it would transform India’s social landscape. “A caste census is inevitable,” he declared, adding, “We will dismantle the 50 per cent reservation cap, regardless of what PM Modi attempts.”

Gandhi pointed out that despite Modi’s claims of caring for the underprivileged, he has not forgiven farm loans. He also criticised the BJP for the arrest of JMM leader Hemant Soren, stating, “A tribal chief minister who was elected by the people is now imprisoned in Jharkhand.”

Accusing the BJP of fostering “hate and violence,” he expressed his belief that these issues could be countered with love. “We represent ‘mohabbat ki dukan’ (a shop of love), while they run ‘nafrat ka bazar’ (a market of hatred),” he said.

Continue Reading

India News

It will take time for Ajit Pawar to understand people’s mood: Devendra Fadnavis on Pawar’s views on Yogi Adityanath’s slogan

Deputy CM Fadnavis said that for decades, Ajit Pawar has stayed with such ideologies which are secular and anti-Hindu.

Published

on

It will take time for Ajit Pawar to understand people's mood: Devendra Fadnavis on Pawar’s views on Yogi Adityanath’s slogan

Uttar Pradesh Chief Minister Yogi Adityanath’s slogan Batenge To Katenge triggered a row within the Mahayuti alliance. Several leaders in the alliance opposed the slogan, mentioning it not to be in good taste, while other leaders defended it.

Maharashtra Deputy Chief Minister Devendra Fadnavis on Friday responded to Ajit Pawar criticism of the slogan, saying that it will take time for the NCP leader to understand the mood of the people. Deputy CM Fadnavis said that for decades, Ajit Pawar has stayed with such ideologies which are secular and anti-Hindu. He continued that Pawar has been with people for whom opposing Hindutva is secularism, adding that there is no real secularism among those who call them secular. 

Devendra Fadnavis further mentioned that it will take some time for Ajit Pawar to understand the mood of the public. He stated that the leaders who opposed the slogan either did not understand the sentiments of the public or did not understand the statement or they probably wanted to say something else.

Ajit Pawar, who is also a Deputy Chief Minister in the Eknath Shinde led government, opposed the slogan, and said that such slogans will not work in Maharashtra. He added that the state works on the principles of B R Ambedkar. 

Daughter of late BJP veteran Gopinath Munde, Pankaja Munde also criticized the slogan, mentioning that her politics is different and that she will not support the slogan, just because she belongs to the party. She added that they need to focus on development and work towards uniting every individual in Maharashtra. BJP leader Ashok Chavan also said that slogans like this have no relevance in Maharashtra and are not in good taste. 

The Mahayuti alliance comprises the BJP, Eknath Shinde led Shiv Sena and Ajit Pawar led NCP. The Maharashtra Assembly Election will be held on November 20, and the counting of votes will take place on November 23. 

Continue Reading

India News

Mamata Banerjee says SIT formed to probe tab fund diversion scam

She also mentioned that her government has begun distributing funds to those who did not receive them.

Published

on

The West Bengal government has formed a Special Investigating Team (SIT) to probe into a fraud in which government funds meant for students to purchase tabs or mobile phones were diverted elsewhere, said Chief Minister Mamata Banerjee on Friday.

Speaking to reporters at the Bagdogra airport in the northern part of the state, the West Bengal Chief Minister said six people were arrested in this case.

The fraud has sparked significant concern after several students spoke about their funds being diverted. According to investigations, at least 300 students have been impacted, including 88 from Purba Bardhaman, 65 from Purba Medinipur, and 149 from Malda district.

The government had transferred Rs 10,000 to the bank accounts of each higher secondary and matric student in government schools to purchase tablets or mobile phones; however, many did not receive the funds due to alleged malpractices.

“An SIT has been formed. Our administration is very strong. They have already arrested six people and will do whatever is required. The group (involved in the case) is from Maharashtra and Rajasthan. Such groups exist in almost all other states,” Banerjee said.

The Trinamool Congress supremo also mentioned that her government has begun distributing funds to those who did not receive them.

On Tuesday, Education Minister Bratya Basu stated that the state government is committed to identifying those involved in the alleged misappropriation of funds meant for purchasing tablets for students in classes 11 and 12. State Education Secretary Vinod Kumar assured that stringent measures would be taken against those responsible and that a departmental investigation is currently underway.

In the allegations of tablet fraud, the Malda district police filed five more FIRs and formed an SIT to investigate the claims on Thursday. The Malda Police froze 181 bank accounts linked to the case. In several cases, the funds have been traced to bank accounts outside the state.

The Taruner Swapno Scheme is an initiative introduced by the state government to address the digital divide faced by students in West Bengal. This programme provides financial assistance to students in purchasing smartphones and tablets for educational purposes.

Under this scheme, a one-time grant of Rs 10,000 is deposited into the bank accounts of students in higher secondary classes. For the financial year 2024-25, the West Bengal government has allocated approximately Rs 900 crore for this program, according to reports.

Continue Reading

Trending

© Copyright 2022 APNLIVE.com