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No One Can Remove Reservation: Kharge Responds to PM Modi’s Allegations

November 14, 2024, 2:25 pm

Congress President Mallikarjun Kharge strongly asserted that the reservation policy for marginalized communities in India cannot be undone, countering Prime Minister Narendra Modi’s recent allegations. Kharge emphasized that the reservation system was established by Dr. B.R. Ambedkar and not by PM Modi, who claimed to be its protector.

“No one can remove the reservation. Baba Saheb Ambedkar brought it. We will never let it end,” Kharge stated, responding to Modi’s comments.

PM Modi’s Allegation: “Congress Has Dangerous Intentions”

Prime Minister Narendra Modi, during a campaign rally in Sarath, Jharkhand, accused the Congress party of harboring “dangerous intentions” regarding the reservation system for Scheduled Castes (SC), Scheduled Tribes (ST), and Other Backward Classes (OBC). Modi alleged that the Congress has a history of opposing reservation policies and aims to weaken the rights of these groups.

“The prince of Congress has made it clear that he wants to end SC/ST/OBC reservation. His father, Rajiv Gandhi, once announced the abolition of reservation, but faced a strong backlash,” said PM Modi.

Modi’s Claims: Congress Wants to Divide SC/ST/OBC Communities

PM Modi further accused the Congress of attempting to divide the SC, ST, and OBC communities to weaken their political influence. He claimed that the party is playing a “new game” to create divisions within these groups.

“Congress wants to break the collective power of SC/ST/OBC and tear it into pieces,” Modi remarked.

The remarks come amid the ongoing assembly elections in Jharkhand. Voting for the remaining 38 seats is scheduled for November 20, and the votes will be counted on November 23. Modi’s comments were aimed at rallying support among voters, particularly those from the SC, ST, and OBC communities, who constitute a significant portion of the electorate.

Supreme Court: Exclude Creamy Layer From SC And ST Quota Benefits

August 1, 2024, 3:07 pm

The Supreme Court of India on Thursday mandated that states must identify the ‘creamy layer’ within the Scheduled Castes (SC) and Scheduled Tribes (ST) and exclude them from reservation benefits. This directive was part of a ruling on the further sub-classification within these groups.

A seven-judge constitution bench, led by Chief Justice D.Y. Chandrachud, ruled by a 6:1 majority in favor of allowing states to sub-classify SCs and STs to ensure that more backward castes within these groups receive quota benefits. The bench included Justices B.R. Gavai, Vikram Nath, Bela Trivedi, Manoj Misra, and Satish Chandra Sharma.

The court held that the principles of social equality permit states to offer preferential treatment to the most backward classes within the scheduled castes. While the bench delivered six separate judgments, the majority supported sub-classification, with Justice Bela Trivedi dissenting. Of the six judges, four emphasized the necessity of excluding the creamy layer.

Justice B.R. Gavai, in his judgment, stressed that states must develop a policy to identify and exclude the creamy layer among SCs and STs from affirmative action. He stated that this is essential to achieve “real equality” as envisioned in the Constitution.

Justice Satish Chandra Sharma concurred, noting that identifying the creamy layer within SC/STs is a constitutional imperative for the state. The ‘creamy layer’ refers to individuals within reserved categories who are socially and economically advanced. Currently, this concept applies only to the Other Backward Classes (OBCs), where households with an annual income exceeding ₹8 lakh are considered part of the creamy layer.

This ruling follows the Supreme Court’s 2018 judgment in Jarnail Singh & Ors. v. Lachhmi Narain Gupta & Ors., which extended the principle of the creamy layer, previously applicable to OBCs, to SC/ST communities for reservations in promotions.

Special Category Status Back in Focus

June 7, 2024, 3:57 am

Special Category Status, first recommended by the Fifth Finance Commission in 1969, serves as a way for the Central government to provide extra financial assistance to states facing unique challenges or special needs.

After the recent election, no single party won enough seats to run the government alone. Bihar CM Nitish Kumar from JD(U) and N. Chandrababu Naidu of TDP are key players in the National Democratic Alliance (NDA). Nitish Kumar wants Special Category Status for Bihar and more spots in the government if he helps BJP. Naidu also wants Andhra Pradesh to be a Special Category Status. Both want to make sure their states get what they need. Both leaders’ demands highlight the crucial role of regional parties.

In recent past, there had been a notable surge in demand for Special Category Status, particularly from Bihar and Andhra Pradesh. This demand, championed by the Bihar CM Nitish Kumar and N. Chandrababu Naidu, has reignited discussions on this long-standing issue. Special Category Status, first recommended by the Fifth Finance Commission in 1969, serves as a way for the central government to provide extra financial assistance to states facing unique challenges or special needs.
This renewed focus prompts us to explore the historical background, assignment process, benefits, and qualifying criteria for Special Category Status. Let’s delve into these questions to understand the importance of this status and how it might impact India’s federal structure.

The Center categorizes states with special needs through a system called “Special Category Status.” This started in 1969, when the Fifth Finance Commission suggested it. India has 29 states and 7 union territories. Every five years, based on advice from the Finance Commission, the President gives money from the central government to these states and territories.
Article 275 of the Indian Constitution allows the central government to give extra money to any state if needed. Currently, 11 states in India have Special Category Status. Five more states are asking for this status. It’s like giving them extra support to help them grow and do better.

Special Category Status and Historical Perspective
In 1969, the 5th Finance Commission of India introduced the concept of Special Category Status to help some historically disadvantaged regions. This status provided these regions with central assistance and tax breaks. Central Plan Assistance, determined by the National Development Council (NDC), was given to some states using a formula named after Dr. Gadgil Mukherjee, the Deputy Chairman of the Planning Commission at the time.
Initially, only three states were granted Special Category Status: Assam, Nagaland, and Jammu & Kashmir. This happened during the 4th Five-Year Plan from 1969 to 1974. These states received 9.26% of the total plan assistance.

These three states were considered for special status because they were socially, economically, and geographically backward. States get Special Category Status if they meet certain conditions. These include having hilly and tough terrain, being in strategic border locations, having low per capita income, low population density, a large number of tribal people, and economic and infrastructure backwardness. These states also struggle with their finances.
In the early 1960s, the government had no solid plan for developing these states. Being economically weak, these states could not manage development work on their own due to limited resources. The central government had two options: either to merge these states with their developed neighbors or to provide assistance to improve their conditions. The second option was chosen, and these states were granted Special Category Status to help their development.

Support was really important for states like Assam, Nagaland, and Jammu & Kashmir, which faced various challenges. Over time, other states also received this status, recognizing their need for assistance. However, with the new policies and the 14th Finance Commission’s recommendations, the central government has moved away from this concept, focusing instead on a more equitable distribution of funds among all states.
From 1974 to 1979, five more states were added: Himachal Pradesh, Manipur, Meghalaya, Sikkim, and Tripura. In 1990, Arunachal Pradesh and Mizoram were also granted this status, bringing the total to ten states. Uttarakhand was added in 2001, making it eleven states with Special Category Status.

Until 2014-2015, eleven states enjoyed various benefits and incentives. In recent years, there have been demands from Andhra Pradesh for Special Category Status, and similar demands have come from Bihar, Odisha, Rajasthan, and Goa. In 2018, MPs from Andhra Pradesh disrupted the budget session of Parliament, pushing for this status.
After the Planning Commission was dissolved and NITI Aayog was formed, the 14th Finance Commission’s recommendations were implemented. This ended the Gadgil formula-based grants but increased the share of funds from the divisible pool to all states from 32% to 42%. The central government says the 14th Finance Commission effectively removed the concept of Special Category Status after its recommendations were accepted in 2015.
On August 5, 2019, a new order was issued by the President of India. This order took away the special status that Jammu and Kashmir had under Article 370 of the Constitution.

Currently, it seems unlikely that any more states will be given Special Category Status. The Indian Constitution does not have any provision for categorizing states as Special Category States. However, twelve states have special safeguards under Articles 371, 371-A to 371-H, and 371-J. Article 371-I applies to Goa but does not include any special provisions. The twelve states are Maharashtra, Gujarat, Nagaland, Assam, Manipur, Andhra Pradesh, Telangana, Sikkim, Mizoram, Arunachal Pradesh, Karnataka, and Goa.
After independence, India revealed significant geographical, social, economic, and cultural disparities among its states. Some states had better education, health, and economic conditions, while others, particularly in the north-east and hill regions, lacked development and government policies. These states, however, were strategically and geopolitically important to India.

During the implementation of the Five-Year Plans, no strict rules were initially followed by the central government in supporting economically weaker states. As a result, different regions experienced varying levels of development. The issue of Special Category Status was first raised in the National Development Council meeting in 1969.
So, over the years, more and more states have been given extra help to support their development. This has been done to ensure that the poorer and less developed regions get the attention and support they need.

The National Development Council decides if a state gets special category status based on several criteria. These criteria help identify states that need extra support.
First, a state must struggle with a shortage of resources. This means it does not have enough natural or financial resources to support its needs. Second, the state must have a low per capita income, indicating that the average income of its people is quite low.
Third, the state’s finances must not be viable. This means the state cannot manage its budget and financial needs effectively. Fourth, the state must show signs of economic and structural underdevelopment. This includes poor infrastructure and weak economic activities.

Fifth, the state must have a sizable tribe population. This means a significant portion of its people belong to tribal communities. Sixth, the state must have hilly and challenging terrain, making development difficult.
Seventh, the state must be located in a strategic border region. This means its location is important for national security. Lastly, the state must be sparsely populated, meaning it has few people living over a large area.
The National Development Council, which makes these decisions, includes the prime minister, union ministers, chief ministers, and members of the planning commission.

Benefits of Special Category Status (SCS)
Special Category Status (SCS) provides significant financial help to states. Previously, states with SCS received grants based on the Gadgil-Mukherjee formula, which made up about 30% of total central assistance. After the Planning Commission was abolished and following the 14th and 15th Finance Commissions’ recommendations, SCS assistance was included in a greater share of funds for all states, now set at 41% in the 15th Finance Commission.

SCS states also benefit from a favorable funding ratio. For centrally sponsored schemes, the Centre covers 90% of the costs while the state only needs to cover 10%. In contrast, general category states have to manage with a 60:40 or 80:20 funding split. Additionally, SCS states receive extra incentives such as lower customs and excise duties, and reduced income and corporate tax rates to attract more investments.
Bihar is asking for SCS due to several challenges. The state says its poverty and underdevelopment are due to limited natural resources, an unreliable water supply for irrigation, frequent floods in the north, and severe droughts in the south. The split with Jharkhand also moved many industries away, leading to unemployment and less investment. Bihar’s per-capita GDP is around ₹54,000, which is one of the lowest in India. Chief Minister Nitish Kumar says that Bihar has about 94 lakh poor families, and getting SCS would help generate about ₹2.5 lakh crore, essential for welfare programs over the next five years.

Demands for SCS from Other States
Other states are also demanding SCS. Andhra Pradesh has been seeking SCS since its split from Telangana in 2014 due to the revenue loss after Hyderabad was transferred to Telangana. Odisha is also requesting SCS, pointing out its frequent natural disasters like cyclones and its significant tribal population, which makes up around 22% of the state’s population.
Despite these demands, the Central government has consistently turned them down. The 14th Finance Commission’s report recommended against giving SCS to any state, and the government has followed this recommendation.

Differences between Special Category Status and Special Status
Special Status and Special Category Status are two different things that affect how states in India are treated by the government. Special Status is given by the Constitution and needs a special law passed by a big majority in Parliament. For example, Jammu and Kashmir has Special Status under Article 370. It’s the only state with its own constitution and some laws don’t apply there. But Special Category Status is not the same thing.
Special Category Status is decided by the National Development Council, which helps states that are struggling because of where they are or their problems. Jammu and Kashmir got this status first in 1969, and then 10 more states got it later. The National Development Council made 5 rules for giving this special status.

Andhra Pradesh wants Special Category Status to get extra help from the government. This help could bring more money and business to the state, especially after it lost its capital, Hyderabad, to Telangana. But the government says Andhra Pradesh doesn’t meet the rules for Special Category Status. Instead, they offered a special package to help the state.
So, to sum up, Special Status and Special Category Status is different. Special Status comes from the Constitution, while Special Category Status is decided by the government to help states with problems. Andhra Pradesh wants Special Category Status but didn’t get it because it didn’t meet the rules.

Special Category Status (SCS) in India offers extra benefits to states with tough economic and geographic situations. The National Development Council decides who gets SCS. But, after the 14th Finance Commission’s suggestions and the end of the Planning Commission, the government stopped giving SCS to new states. They now divide money more evenly among all states. Even though Bihar, Andhra Pradesh, and Odisha keep asking, the government says no to SCS for them because they don’t meet the rules. The government probably won’t give SCS to more states soon. They’re focusing on different ways to help poorer areas.

Why Is JMM Shielding Infiltrators? Questions PM Modi At Jharkhand Rally

May 28, 2024, 2:42 pm

With barely days left for the final phase of the polling, Prime Minister Narendra Modi recently addressed a rally in Dumka in favor of BJP’s candidate Sita Soren on Tuesday.

During the rally, Prime Minister Narendra Modi alleged, that the INDIA bloc has given shelter to infiltrators in the naxal-affected area of the state.

Launching a blistering attack on Jharkhand Mukti Morcha (JMM), PM Modi said,

“Now, the problem of infiltrators has arisen as a big problem in Jharkhand. As a result, the number of tribals is rapidly decreasing in many areas and the number of infiltrators is increasing. The safety and lives of tribal daughters have come in danger. Who are these infiltrators who are a threat to our daughters? Why is the JMM shielding them?” questioned PM Modi at a rally.

Later, he accused that INDI alliance of political appeasement. Under which, they allegedly give protection to infiltrators and terrorists. According to him, whoever questions it, they (INDI Alliance) accuse them of inciting Hindu Muslim division.

PM Modi also accused congress of its alleged indulgence in “vote bank politics”, rather than working for dalit & adivasi’s benefits.

To emphasise BJP’s commitment for Dalits & Adivasis, Modi also referenced president of India, Draupadi Murmu, who comes from an Adivasi community.

Talking about her, modi accused them, for not supporting her and wanting her to loose.

Then directing an attack on both JMM and Congress, PM Modi accused them of removing him from the centre, so they can allegedly loot the state again.

“JMM, Congress, RJD, these people say that they want to remove Modi so that they can again perform scam. Will you allow the INDI bloc to loot the poor? JMM and Congress have totally looted the state. There are so many beautiful mountains here, but the state is being discussed for the mountains of notes. Where do you think the money is coming from? It is coming from the liquor scam, crores of tender scams. stated PM Modi.

PM Modi On Reservation

Moreover, while discussing reservations, he accused Congress for wanting to grant reservation to Muslims on the basis of religion, emphasizing that this move will unjustly takes away opportunities from Scheduled Castes (SC), Scheduled Tribes (ST), and Other Backward Classes (OBC).

“Modi will not allow the reservation of SC, ST, OBC to be looted. When I expose them, the INDI community gets irritated and says that Modi is creating Hindu-Muslim divide. They think that if they tarnish Modi’s image, Modi will get scared! They are still not able to understand that Modi will ensure that their hateful propaganda fails. No matter what they do, Modi will not let the Dalit, tribal and backward reservations be looted! This is Modi’s guarantee.”

Meanwhile, Dumka will witness a stiff competition between Shibu Soren’s daughter-in-law and BJP candidate Sita Soren and JMM candidate & six-time sitting MLA Nalin Soren this Lok sabha election 2024.

Rajnath Singh: BJP Stands Firm On Constitution And Reservation

May 26, 2024, 12:29 pm

Union Minister Rajnath Singh, in an exclusive interview with NDTV, assured that the BJP has no intention of altering the Preamble of the Indian Constitution or discontinuing reservation policies. Singh emphasized that while the Congress has made changes to the Preamble in 1976, the BJP has no such plans and is being unfairly targeted.

Singh recalled the amendment made to the Preamble during Indira Gandhi’s tenure in 1976, highlighting the consensus within the constituent assembly regarding the possibility of constitutional amendments. He stressed that while amendments have been made in the past, the BJP does not entertain the idea of altering the Preamble.

Singh’s comments come in response to allegations by Congress leader Rahul Gandhi, who suggested that the BJP would disregard the Constitution if re-elected. Concerns were also raised by some Congress members about the potential removal of “secularism” from the Preamble.

The Defence Minister reiterated the BJP’s commitment to reservation policies, particularly for OBCs and STs, dismissing claims of discontinuation. He clarified that while the Opposition discusses religion-based reservation, the BJP firmly opposes such measures, citing constitutional constraints.

With the Lok Sabha elections underway, led by Prime Minister Narendra Modi, the BJP is seeking a third consecutive term. Voting for six of the seven phases has concluded, with results slated for announcement on June 4 after the final round of voting on June 1.

Assam CM Biswa Slams RJD Chief Lalu For Advocating “Complete Reservation For Muslims”

May 18, 2024, 6:23 pm

Speaking at a public rally in Raghunathpur, Siwan, on Saturday, Assam Chief Minister Himanta Biswa Sarma opposed the notion of granting reservations to Muslims. He criticized RJD chief Lalu Yadav for advocating “complete reservation for Muslims” and suggested that Yadav should move to Pakistan if he wants to advocate for reservations based on religion. Sarma emphasized that reservations will not be granted on religious grounds.

“Few days back I saw the statement of Lalu Yadav, where he said that ‘Muslims should get reservations’. Do Hindus don’t deserve to get reservations? Babasaheb Ambedkar gave us the Constitution. In the Constitution, it is mentioned that SC, ST, and OBC should get reservations. There will be no reservations on the basis of religion. I want to say this, Lalu Yadav, if you want to give reservations to Muslims, then I will buy you the tickets to Pakistan, go to Pakistan and then give reservations there. It will never happen in India. There is no law on this. Yeh Sapna bhi aap mat dekho (don’t dream of this),” Assam CM said.

Drawing from instances in Karnataka and Andhra Pradesh, the Assam CM claimed that such initiatives were detrimental to other backward classes.

“Karnataka’s decision to grant reservations to Muslims was done after robbing the reservations of Backward classes,” he said.

The Assam CM emphasized that for the Bharatiya Janata Party to fully integrate the entire Jammu and Kashmir into India, they would require 400 seats in the ongoing Lok Sabha elections.

“One part of Kashmir is in Pakistan. Give 400 seats to Modi ji and we will get Kashmir from Pakistan. We closed 700 madrassas in Assam and no one raised their voice against it. Why? Because this is a new India…Aaj mullah banane ka dukaan khulne nahi dunga. Doctor , engineer, banane ka kaam karunga…We need 400 seats so that we can bring the Uniform Civil Code, construct the Krishna Janambhoomi temple, construct the Gyanvapi temple and stop reservation to Muslims. That’s why we need 400 seats,” he said.

On May 7, former Bihar Chief Minister and RJD Chief Lalu Prasad Yadav voiced his support for the reservation for Muslims, asserting that they should receive this allocation. Speaking to reporters, the former CM stated, “Muslims should get reservations (reservation toh milna chahiye Musalmano ko, pura’…).”

The 40 seats in Bihar are undergoing polling across all seven phases. In the 2019 elections, the BJP-led NDA secured a landslide victory in the state, clinching 39 out of 40 seats, while the Congress managed to win just one seat. Despite being a dominant force in Bihar, the RJD failed to secure any seats.

The Mahagathbandhan, the opposition coalition in Bihar comprising the Rashtriya Janata Dal (RJD), Congress, and Left parties, recently announced that the RJD, its largest constituent, will contest 26 out of the state’s 40 Lok Sabha seats. As part of the NDA, the BJP and JD(U) will contest on 17 and 16 seats, respectively.

Chirag Paswan’s Lok Janshakti Party (Ram Vilas) will be contesting in five seats, while Jitan Manjhi’s Hindustani Awam Morcha (HAM) and the Rashtriya Lok Morcha will each contest one seat.

The polling in Siwan is scheduled for the sixth phase of the elections on May 25. Vote counting will take place on June 4.

Amit Shah has contracted the same disease as that of PM Modi: Jairam Ramesh

May 7, 2024, 2:34 pm

Senior leader of the Congress Jairam Ramesh has recently launched a blistering attack on Amit Shah concerning the Reservation issue on Tuesday.

Speaking To ANI, Jairam mockingly said that Amit Shah had contracted the same disease as PM Modi. Which is to spread lies.

#WATCH | Delhi: On reservation issue, Congress General Secretary in-charge Communications, Jairam Ramesh says, “Amit Shah has contracted the same disease as that of PM Modi. The disease of spreading lies. PM and HM spread the pandemic of lies every day. They believe in… pic.twitter.com/J80Y6Cn8Ki

— ANI (@ANI) May 7, 2024

Further attacking Modi-Shah duo, that they are the believer of ‘Asatyameva Jayate.’ They spread the pandemic of Lies every day.

On Reservation

Speaking on the reservation issue, Jairam Ramesh has admitted that they have indeed provided the reservation to minorities in Karnataka. But he further clarified, it was done on the basis of social and economic backwardness. Not On Religious Basis per say.

Talking about this reservation model, the senior congress leader further said that everybody are taking credit. Deve Goda in Karnataka took the credit of this model.

While in Andhra Pradesh, Chandrababu Naidu has recently announced that this model will be replicated there.

Will The Grand-Old Party Increase the Reservation Cap?

Talking about the increasing the reservation cap above 50 percent, the senior leader clarified that congress will indeed increase the reservation.

When asked about this rationale, Ramesh said that backward classes should get reservation as per the population. And further emphasized that our constitution’s basic principle lies in social justice.

Asserting that through reservation only, social justice in its true sense will be achieved.

“The backward classes of our society should get reservation as per their population. Our Constitution’s basic principle is social justice. The path to social justice is reservation…What Rahul Gandhi has said is the guarantee that we have given in our ‘nyay patra’ – that we will increase the 50% cap. Every state has this demand…PM and HM are running away from this question and are speaking on religion-based reservation. This is wrong, a lie,” Jairam Ramesh said.

Later, questioning PM Modi and Home Minister Amit Shah, Jairam Ramesh opined that will PM and HM initiate the removal of 50% cap on reservations for OBC, SC and ST. Congress is saying that they’ll conduct caste census and will remove the 1992 supreme court mandated cap of 50 percent.

PM Modi: “As long as I am Alive, There Will Be No Religion-Based Reservation”

May 1, 2024, 6:47 pm

Prime Minister Narendra Modi remarked on Wednesday that the Congress party, which once derided him as a ‘tea-seller’ in 2014, has faced a resounding response from the nation. He highlighted the significant decline in the party’s political standing, from previously holding 400 seats to now being reduced to merely 40.

Addressing the Vijay Vishwas meeting, PM Modi criticized the previous government for its association with terrorism, corruption, and scams before 2014. He reaffirmed his commitment to upholding reservations for Scheduled Castes, Scheduled Tribes, and Other Backward Classes, asserting that religious-based reservations would not be entertained under his leadership.

PM Modi challenged the Congress to declare their stance against religious-based reservations and accused them of spreading falsehoods regarding the BJP’s intentions to abolish reservations. He emphasized the BJP’s dedication to protecting reservations and criticized the Congress for its lack of vision and enthusiasm for governance.

PM Modi also outlined plans for the first 100 days of his third term, focusing on the welfare of the poor and farmers. He expressed determination to secure victory in every booth, underscoring the importance of each vote for his party’s success.

PM Modi Stands Firm Against Religion-Based Reservation, Prioritizes SCs, STs, And OBCs

May 1, 2024, 4:03 am

Prime Minister Narendra Modi on Tuesday criticized the Congress, affirming his stance against allowing reservation based on religion for Muslims if it undermines the interests of SCs, STs, and OBCs.

“They (Congress) want to insult the Constitution for their vote bank. But I want them to know, till the time I am alive, I will not let them give the reservation meant for Dalits, SCs, STs, and OBCs to the Muslims in the name of religion,” said PM Modi during a campaign event in Telangana’s Medak district.

He also expressed assurance that he would celebrate the 75th anniversary of the Constitution in a significant manner during his third term. Additionally, the PM indirectly criticized Telangana chief minister Revanth Reddy, alleging that funds collected in the state through the ‘double R (RR) tax’ are being redirected to Delhi. He made these remarks while discussing the popular Telugu film ‘RRR’, which has gained international acclaim.

Alleging the Congress party’s involvement in the Amit Shah fake video case, he asserted that it was designed to mislead the public and incite social unrest. PM Modi asserted that if the Congress were to come into power, they would introduce a 55% inheritance tax. He underscored that while the global economy was progressing, India experienced policy inertia during the previous UPA government.

“If Congress comes to power, they will bring inheritance tax. Congress is planning to collect more than half- 55% as tax on inheritance (received from parents),” he claimed.

In a taunting tone towards the Congress, he remarked that whenever the established party assumes power, it embodies five political traits – false promises, vote bank politics, backing for mafia and criminals, dynastic politics, and corruption. The PM also alleged that initially, it was BRS that exploited Telangana, and now it’s the Congress.

Chhattisgarh plans law for quotas based on communities’ population

November 22, 2022, 11:17 am

The Scheduled Castes, Scheduled Tribes, and Other Backward Classes (SCs), among other communities, will receive a proportional amount of reservation in jobs and educational settings under a measure that the Chhattisgarh government intends to propose in the assembly (OBC).

The draft will be examined at the state Cabinet meeting on November 24 before being presented during a two-day special assembly session beginning on December 1, according to people with knowledge of the situation.

The state government raised the OBC and SC quotas from 14% to 27% and 12% to 13% respectively in August 2019. The ST reservation was maintained at 32%. The Chhattisgarh High Court warned the government against moving forward with an ordinance to raise the OBC quota in October 2019.

An official in the chief minister’s office said the court pointed to a lack of data for the quota increase and stayed the move. “The government formed a Chhattisgarh Quantifiable Data Commission, which has submitted a report. Accordingly, a bill will be tabled in the assembly,” said the official, requesting anonymity.

The official said the increase will be as per the 2019 announcement. In September, the high court reduced the quota for tribals from 32% to 20%. The state government in 2012 order raised the quota of tribals and took the overall reservations to 58%, which the court said was unconstitutional.

The hike, according to the official, will follow the 2019 announcement. The high court cut the tribal quota in September from 32% to 20%. In a 2012 ruling, the state government increased the number of tribal members and increased the percentage of reservations overall to 58%, which the court ruled was illegal.

She showed her dissatisfaction over the matter and said it may lead to law and order issues. Uike said it is her responsibility to ensure the protection of the tribal interests in the tribal-dominated state.

SC upholds 10% EWS quota in 3:2 split verdict

November 7, 2022, 12:39 pm

In a pivotal judgement, Supreme Court upheld the 10 % EWS quota stating that ‘It doesn’t violate basic structure of constitution.’

The apex court delivered its verdict on the validity of the central law for 10 percent reservation benefits for the economically weaker sections (EWS). A five judge bench upheld the validity of Constitution’s103rd Amendment Act 2019, by 3:2 verdict. CJI Lalit, Justices Dinesh Maheshwari, Bela M Trivedi and JB Pardiwala passed the judgment upholding the Act.

“The EWS quota law doesn’t violate basic structure or equality code for taking into account economic criterion,” Justice Dinesh Maheshwari said as the top court upheld the law. “It doesn’t also cause damage to any essential feature by exceeding 50 per cent ceiling for quota since the ceiling is itself flexible.”

Adding further, Justice Maheshwari said, “the EWS amendment does not violate the equality code or the essential features of the Constitution.”

“There are four judgments to be delivered on the issue relating to the constitutional validity of reservations of the Economically Weaker Section (EWS) in higher education and issues of public employment on the basis of financial conditions,” Chief Justice of India UU Lalit said on Monday.

The bench had been dealing with the concerns regarding the constitutional validity of reservations on the grounds of economic conditions. The court began hearing the matter on 13 September and hearing continued for seven days.

The constitutional validity of the 103rd Amendment Act, 2019 entitled state to make reservations in higher education and public employment on the grounds of economic parameters.