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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.

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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.

   

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Atishi to succeed Arvind Kejriwal as Delhi CM

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Much ridiculed for his decision to resign from the post of Delhi Chief Minister, AAP convener Arvind Kejriwal passed on the baton to minister Atishi on Tuesday to serve as chief minister for the rest of the term AAP is in power.

Atishi’s name was proposed by Kejriwal at a party MLAs meeting and was unanimously accepted by all MLAs. She will take over after Kejriwal resigns after meeting Delhi LG VK Saxena.

The Kalkaji MLA asumed ministerial duties after the arrest of former Deputy CM Manish Sisodia and took over the PWD and Education ministries. She was also the leader who put forward AAP views after the arrest of Sisodia and Kejriwal.

Upon getting bail in the liquor policy case, Kejriwal, who had spent some six months in prison, said on Sunday while he got justice from the courts, he would occupy the CM’s chair only after getting justice the people’s court (elections). He said he will quit in two days.

The list of potential successors had been short with Atishi headlining it. After she was announced as Kejriwal’s successor, Atishi thanked him for trusting her and endowing her with the responsibility. She called upon the voters of Delhi to cast their ballot in favour of “your son, your brother” Kejriwal because he is honest.

Elections to the Delhi Legislative Assembly are due in February 2025 but the AAP convener has been pushing for it to be held along with elections in other states, Maharashtra to be specific, in November.

Atishi has been the stand-in for AAP and would also be the stand-in CM. The history of stand-in chief ministers has not been entirely uneventful in India. The recent case being that of Champai Soren in Jharkhand and the other being Jitanram Manjhi in Bihar. While Manjhi launched his own party after having to demit office, Champai Soren switched over to the BJP.

Given Atishi’s academic and family pedigree, AAP would be hoping she won’t turn out to be a power addict.

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Shinde Sena MLA offers Rs 11 lakh reward for chopping off Rahul Gandhi’s tongue, sparks row  

Such violent statements against the Leader of Opposition will not be tolerated at all in a democracy, she said while addressing a press conference.

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Sanjay Gaikwad, an MLA of Maharashtra Chief Minister Eknath Shinde-led Shiv Sena, sparked a row on Monday after he announced a reward of Rs 11 lakh to anyone who will “chops off the tongue” of Leader of Opposition in Lok Sabha Rahul Gandhi over his statement on reservation in the US.

Gaikwad’s statement comes days after the Rae Bareli MP, in the United States, said that the Congress party would think of scrapping reservations.

Speaking to reporters, the Shinde Sena MLA said, “Rahul Gandhi made a statement regarding giving an end to reservation in the country at a time when the demands for reservation are rising.”

“Rahul Gandhi wants to end reservation for backward tribals and others and hence he is using the language of ending it,” Gaikwad said.

“In the recent Lok Sabha elections, Gandhi spread a false narrative to get votes. Today he is speaking the language of ending reservation from the country and has shown the real face of the Congress. This is my challenge whoever chops off Rahul Gandhi’s tongue will be given a reward of Rs 11 lakh on my behalf,” he added.

The Shiv Sena MLA called Gandhi’s remarks the biggest treachery of the people and said communities like Marathas, Dhangars and OBCs are fighting for reservation but before that, Gandhi is talking about ending its benefits.

He continued saying that Congress leader Gandhi used to show the Constitution book and spread a fake narrative that the BJP would change it.

“But it is the Congress that plans to take the country back by 400 years. On one hand, demands of reservation are rising in Maharashtra, and there Rahul Gandhi made a statement to end reservation in the country,” Gaikwad added.

Meanwhile, Congress spokesperson Supriya Shrinate slammed Shiv Sena and its ally in Maharashtra, BJP, after Gaikwad’s disgusting remarks against Gandhi.

Addressing a press conference, Shrinate asked who is behind such violent statements that BJP leaders and their allies are using against the Opposition leader. “Whose protection do they enjoy?” Shrinate said.

Such violent statements against the Leader of the Opposition will not be tolerated at all in a democracy, she said.

“If Prime Minister Narendra Modi and Union Home Minister Amit Shah do not take action against these people then it is clear that this is being done at their behest,” the Congress spokesperson said.

The BJP, however, has distanced itself from Gaikwad’s remarks. Maharashtra BJP president Chandrashekar Bawankule said he does not support or endorse the Shiv Sena MLA’s statements.

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Karnataka: 6 boys held for riding two-wheelers with Palestinian flag

They also shouted slogans on ‘free Palestine’, according to police.

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Six minors were apprehended after a video of them allegedly riding two-wheelers holding the Palestinian flag surfaced on social media platforms, Karnataka Police said on Monday.

According to police, the incident took place on Sunday around 1 pm on Dantaramakki road in Chikkamagaluru town in Karnataka.

The official said that three of the 6 boys were on a two-wheeler and one of the pillion rider, a 17-year-old boy was allegedly holding and waving a Palestinian flag while three of their friends followed them on another bike.

They also shouted slogans on ‘free Palestine’, according to police.

A senior police officer said that police apprehended all the six boys involved in the incident. They are all minors, he added.

The police have registered a case under appropriate sections of Bharatiya Nyaya Sanhita, including sections for disturbing communal harmony, a police officer said. Adding that both the vehicles have been seized along with the flag, according to news agency PTI.

The police found during the interrogation that the boys had watched some videos of a procession in Uttar Pradesh in which people were seen carrying Palestinian flags and so they wanted to make a similar reel on Instagram.

Speaking on the matter earlier today, former BJP national General Secretary and MLC CT Ravi alleged that without permission a rally was held yesterday in more than 20 two-wheelers and one four-wheeler holding a Palestine flag.

Ravi said: “I have got information that some influential people had tried to influence in favour of the people involved, more than 200 people came in front of the police station, so an explanation was sought and they were let go. I urged the police for a detailed probe and to destroy the network behind them, the incident should not be taken lightly.”

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