India

MK Stalin’s Party Seeks Review After Supreme Court Upholds Quota for the Poor

Tamil Nadu’s ruling DMK on Monday sought a review of the November 7 verdict of the Supreme Court which upheld 10 per cent reservation for the economically weaker sections (EWS) in educational…

DMK said there was an apparent error in the Supreme Court judgment on EWS quota.

New Delhi:

Tamil Nadu’s ruling DMK on Monday sought a review of the November 7 verdict of the Supreme Court which upheld 10 per cent reservation for the economically weaker sections (EWS) in educational institutions and government jobs that excluded the poor among the SC/ST/OBC categories, contending it “legitimises discrimination”.

It said there is an apparent error in the judgment as it directly overrules the landmark 1992 nine-judge Constitution bench verdict in the Indra Swahney versus Union of India case, popularly referred to as the ‘Mandal verdict’.

The DMK said all five judges on the Constitution bench which pronounced its verdict on November 7 upholding the EWS quota introduced in 2019, have answered that the 103rd Constitution Amendment cannot be said to breach the basic structure of the Constitution and therefore it overruled the 1992 judgment, which authoritatively pronounced that reservation cannot be granted on the basis of economic criteria.

The review plea said, “It is respectfully stated that this is error apparent on the face of the record since it directly overrules the judgment passed by the nine Judge Constitution Bench in Indra Sawhney versus Union of India 1992,…which has authoritatively pronounced that reservations cannot be on the basis of the economic criteria and such interpretation was on the basis of Articles 14,15(1) and 16(1), not articles 15(4) and 16(4) alone”.

The party said similarly, the majority opinions have committed an error apparent on the face of the record by answering issue 3 (Whether the 103rd Constitution Amendment can be said to breach the basic structure of the Constitution in excluding the SEBCs/OBCs/SCs/STs from the scope of EWS reservation) in favour of the Respondent-State.

It said, “The majority opinion is contradictory – after going in depth into how poverty prevents access to education and employment, and the importance of alleviating the same, the majority judges have not given any justification for excluding ST, SC & OBCs from the EWS reservation other than to say that they have already been given reservations under Art 15(4) and 16(4).”

It said this view of majority judges is an “error apparent on the face of the record” since the reservations under Articles 15(4) and 16(4) are on the basis of social backwardness and historic oppression.

If the majority accepts that there can be a separate classification on economic criteria, social backwardness cannot be used as an exclusion for the poor among ST, SC, and OBCs merely because they suffer “both backwardness”, it said.

The review plea said the November 7 judgment, if allowed to stand, conveys a strong message that the SC, ST and OBC’s historic oppression of more than several hundred years, who have been prevented from having jobs and education and who have been kept away from the mainstream, suffers from disqualification from getting an economic reservation.

“It is respectfully stated that none of the three opinions that constitute the majority judgment have considered the ‘identity’, ‘width of power’ and ‘unguided power’ tests that have been laid down by this Court to test constitutional amendments despite it being argued before this Court,” it said.

The party, which also sought an open court hearing, said the impugned judgment “legitimises discrimination” by opining that exclusion is vital for achieving the desired results for a particular target group.

“It fails to consider the fact that the intended target group i.e. the Economically Weaker Sections were created by excluding the similarly placed economically weaker sections of the SC/ST/OBC community who have remained to be economically weaker due to rampant, systemic discrimination and oppression over the years,” it said.

The review plea said the opinions of Justices Dinesh Maheshwari and JB Pardiwala have committed an error apparent on the face of the record by holding that the 50 per cent cap laid down in the Indira Sawhney 1992 verdict and followed in M. Nagaraj (2006 verdict) and other cases applies only to reservations under Articles 15(4) and 16(4) and the cap will not apply to EWS reservations.

“It is humbly submitted that this is error apparent on the face of the record since it amounts to rewriting the judgment of a larger Bench. The cap was placed in view of the Articles 14, 15 (1) and 16 (1) to ensure that there is a balance between reservation and open competition,” it said, adding, therefore, the impugned judgment is liable to be reviewed.

On November 23, Congress leader Jaya Thakur also sought a review of the November 7 verdict, saying there was an “error apparent” in the judgment.

In its landmark judgment, a five-judge Constitution bench had said on November 7 that the use of basic structure doctrine as a “sword” to “stultify” the State’s effort to do economic justice cannot be countenanced.

It had delivered a 3:2 majority decision in favour of the 103rd Constitution Amendment.

Treating the EWS as a separate category is a reasonable classification and the 50 per cent ceiling on the total reservation under the Mandal judgment is “not inflexible”, the judges had said while dismissing the petitions challenging the validity of the law.

The bench headed by then Chief Justice U U Lalit had delivered four judgments on 40 petitions against the amendment that was passed after the Modi government decided to grant quota to the economically weaker sections ahead of the 2019 Lok Sabha elections.

Justices Dinesh Maheshwari, Bela M Trivedi, and J B Pardiwala upheld the EWS quota. The then CJI was in minority with Justice S Ravindra Bhat when they ruled against it, holding that due to exclusion of the poor of classes like SCs, STs, and OBCs from its ambit, the Amendment ”practices constitutionally prohibited forms of discrimination”.

India

Karnataka Polls: 2,613 Candidates In Fray, Rebel Trouble For Parties

A total of 2,613 candidates are in the poll fray, as the withdrawal of candidatures for the May 10 Assembly elections in Karnataka came to an end on Monday, election officials said.

Karnataka Polls: A total of 517 candidates have withdrawn their candidature till Monday.

Bengaluru:

A total of 2,613 candidates are in the poll fray, as the withdrawal of candidatures for the May 10 Assembly elections in Karnataka came to an end on Monday, election officials said.

A total of 517 candidates have withdrawn their candidature till Monday, even as parties faced “rebel trouble” in several segments.

Out of 2,613 candidates in the poll fray, 2,427 are male, 184 females and 2 others, office of the Chief Electoral Officer, Karnataka said.

Among the contesting candidates from recognised political parties- 224 from BJP, 223 Congress (supporting Sarvodaya Karnataka Party in Melukote), 207 JD(S), 209 AAP, 133 BSP , 4 CPI(M), 8 JD(U) and 2 NPP.

While 685 are from Registered Unrecognised Political Parties (RUPP), 918 are independents.

In 16 constituencies there are more than 15 candidates in the fray, so two Ballot Unit (BU) will be used in these segments during the poll.

Political parties made efforts till the last minute to ensure rebel candidates, who had filed nomination disgruntled over being denied tickets by their respective parties, to withdraw their papers.

In some cases, the parties were successful in convincing such candidates to withdraw, while “rebel trouble” loomed large on the electoral prospects of the official candidates in several constituencies.

The rebel trouble seems to be more in the case of BJP and Congress, compared to other parties.

According to party sources, Congress is facing rebel in Pulakeshinagar (Akhanda Srinivas Murthy), Harapanahalli (M P Latha Mallikarjun), Shirahatti (Ramakrishna Doddamani), Shikaripura (Nagaraj Gowda), Jagalur (H P Rajesh), Arakalagudu (Krishnegowda), among others.

In BJP rebel trouble is in – Puttur (Arun kumar Puttila), Afzalpur (Nitin Guttedar), Goolihatti Shekhar (Hosadurga), Bailhongal (Vishwanath Patil), Gundlupet (M P Sunil), Chennagiri (Madal Mallikarjun), Malur (Vijay Kumar), Gandhi Nagar (Krishnaiah Shetty), among others, party sources said.

Among those who have withdrawn as rebel candidates include – former Bengaluru Mayor- Congress’ Gangambike Mallikarjun from Chickpet, BJP’s Mahadevappa Yadawad from Ramdurg.

The elections to the 224-member assembly will be held on May 10 and results will be declared on May 13.

India

Shivraj’s Chouhan Makes A Big Announcement Before Polls

The Shivraj Singh Chouhan-led government in Madhya Pradesh, in what appears a last-minute strategy tweak, is trying to court Brahmins months ahead of the assembly elections with the constitution of a Welfare Board for the community.

Madhya Pradesh has 21,104 temples including two Jyotirlingas.

Bhopal:

Besides, the government has also announced that it would develop the Bhagwan Sri Parashurama Lok religious corridor in Indore’s Janapav. Temples, meanwhile, have been given more power over their own land.

“We have decided that the government will not have any control over the activities of the temples and the auction of temple land will be done by priests and not by collectors,” Mr Chouhan said. “Brahmins have always protected religion and culture. So for their welfare, we will set up a ‘Brahmin Welfare Board’,” he added.

Madhya Pradesh has 21,104 temples including two Jyotirlingas. Of these, 1,320 temples have more than 10 acres of agricultural land. For temples without agricultural land, priests are paid an honorarium of Rs 5,000 a month.

The government’s move has triggered questions, especially since Brahmins comprise only 5 to 6 per cent of the state’s electorate.

A clue appears to lie in Prime Minister Narendra Modi’s visit to the state. The Prime Minister visited Rewa, located in Vindhyas — probably the only region in the country where the upper castes constitute the largest portion of the population. In some assembly seats of Satna and Rewa districts, the population of Brahmins crosses 40 per cent.

In 2018, the Vindhya region prevented Congress from returning to power with full majority. The area now seems to be emerging as one of the most intriguing battlegrounds of the poll-bound state.

In 2018, BJP won 24 out of 30 seats in Vindhyas – up from 17 in 2013. The number of Congress seats slid from 11 to six.

But two recent events – the emergence of Arvind Kejriwal’s Aam Aadmi Party in the area and a new party floated by MLA Narayan Tripathi — have given the BJP some cause for concern, sources indicated.

In Rewa and Singrauli, the BJP lost the urban local body polls last year as AAP made its Madhya Pradesh debut with a victory in Singrauli. Mr Tripathi, who earlier belonged to the BJP, has meanwhile been flexing muscle, claiming that his party will contest 30 assembly seats in the region.

The Congress has scoffed at the BJP move, saying the Chief Minister is thinking of giving respect to Brahmins after 18 years. “Till date, he kept neglecting them in the cabinet, now he is making announcements to woo the Brahmins,” said Congress spokesperson KK Mishra.

Claiming that Mr Chouhan has made announcements in Janapav, the birthplace of Parshuram, he said, “What happened to those announcements?”

“It should not be seen from the point of view of elections or votes,” said BJP leader Rahul Kothari.

“Let the Congress makes allegations but they should first answer for the condition of the temples during their tenure. They should answer for the Ramvan Path Gaman,” he added.

India

Senior Citizen Dead After Man Jumps On Him In Mumbai Swimming Pool

A 72-year-old man died after another person jumped on him from a height in a swimming pool in Mumbai, a police official said.

The incident took place at Mumbai’s Goregaon area.

Mumbai:

A 72-year-old man died after another person jumped on him from a height in a swimming pool in Mumbai, a police official said.

The incident took place on Sunday evening at Ozon swimming pool in Goregaon area.

The dead, identified as Vishnu Samant, was swimming when a 20-year-old man jumped into the pool from a height, the official said.

“Samant suffered injuries on his neck and other parts of the body. He was declared dead on arrival at a nearby hospital. On his wife’s complaint, a case has been registered against the 20-year-old man under Indian Penal Code Section 304-A (causing death by negligence),” he said.

India

UP Chief Minister receives death threat, case registered: Cops

A case has been registered against an unidentified person in Lucknow after a death threat was received for Uttar Pradesh Chief Minister Yogi Adityanath, the police said on Tuesday.

The threat was received via message on ‘Dial 112’.

Lucknow:

A case has been registered against an unidentified person in Lucknow after a death threat was received for Uttar Pradesh Chief Minister Yogi Adityanath, the police said on Tuesday.

The threat was received via message on ‘Dial 112’ (a number launched by the Uttar Pradesh government for the emergency services), in which the person stated, “I will kill CM Yogi soon”.

After receiving the threat, the Operation Commander of ‘112’ filed a case in the police station Sushant Golf City.

A case has been registered under the Indian Penal Code (IPC) Section 506, 507 and IT Act 66.

“Case has been registered under sections 506 and 507 IPC and 66 IT Act in PS Sushant Golf City against an unknown person after ‘Dial 112’ receives death threat for Uttar Pradesh CM Yogi Adityanath,” the police said.

In an unrelated incident on Sunday, the police arrested the person who wrote a letter threatening to launch a suicide bomb attack on Prime Minister Narendra Modi during his visit to Kochi scheduled for April 24.

The accused has been identified as Xavier, said the police.

On Saturday, Kerala BJP chief K Surendran said that he received a letter last week about a conspiracy to assassinate Prime Minister Narendra Modi.

While talking to ANI, Kochi City Police Commissioner, K Sethu Raman said, “The person who sent the threat letter against the Prime Minister was arrested. Xavier, the accused was arrested yesterday. The reason is personal enmity. He wrote the letter to trap his neighbour. We found him with the help of forensics.”

“Tight security has been arranged for the Prime Minister arriving in Kochi. 2060 policemen have been appointed for this purpose. As part of this, traffic control has also been imposed from 2 pm,” the Commissioner added.

India

West Khasi Hills in Meghalaya is hit by a 3.5 magnitude earthquake

An earthquake of magnitude 3.5 Richter scale struck Meghalaya’s West Khasi Hills on Monday, according to National Center for Seismology (NCS).

According to the NCS, the earthquake occurred at 3:33 pm (local time).

New Delhi:

An earthquake of magnitude 3.5 Richter scale struck Meghalaya’s West Khasi Hills on Monday, according to National Center for Seismology (NCS).

The earthquake occurred at around 7:47 am, informed NCS.

“Earthquake of Magnitude:3.5, Occurred on 24-04-2023, 07:47:14 IST, Lat: 25.47 & Long: 90.94, Depth: 5 Km, Location: West Khasi Hills, Meghalaya,” NCS said in a tweet.

Earlier on Sunday, an earthquake struck Meghalaya’s South Garo Hills. The magnitude of it was recorded at 3.5 on the Richter scale according to NCS.

According to the NCS, the earthquake occurred at 3:33 pm (local time).

In a tweet, NCS said, “Earthquake of Magnitude:3.5, Occurred on 23-04-2023, 15:33:33 IST, Lat: 25.26 & Long: 90.94, Depth: 5 Km, Location: South Garo Hills, Meghalaya.”

On April 16, an earthquake of magnitude 3.6 on the Richter scale hit Manipur’s Bishnupur district. As per the readings from the centre, the earthquake occurred northwest of Bishnupur at 7:22 am (local time).

“Earthquake of Magnitude:3.6, Occurred on 16-04-2023, 07:22:49 IST, Lat: 24.84 & Long: 93.69, Depth: 10 Km, Location: 24km NNW of Bishnupur, Manipur, India for more information Download the BhooKamp App,” the NCS had said in a tweet.