Bihar Assembly unanimously passes bill for 65% caste quota, past Supreme Court cap

News Network
November 9, 2023

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Patna, Nov 9: The Bihar Assembly on Thursday unanimously passed a bill to increase reservations for Scheduled Castes, Scheduled Tribes, Other Backward Classes, and Extremely Backward Classes in state jobs and educational institutions to 65 per cent. This is well past the Supreme Court's 50 per cent cap.

The amended bill will now have to be signed off by Governor Rajendra Arlekar before it is law.

The amendments were passed amid ruckus inside and outside the Bihar Assembly - over Chief Minister Nitish Kumar's remark this week on women's education and population control.

Under the revised quotas, Scheduled Caste candidates will have 20 per cent reservation, while those from OBCs and EBCs will get 18 and 25 per cent - a significant increase from the earlier (combined) 30 per cent. Reservation of two per cent has been proposed for ST candidates.

At present there is 18 per cent reservation for EBCs and 12 per cent for Backward Classes, 16 per cent for Scheduled Castes, and one per cent for Scheduled Tribes.

The existing three per cent reservation for women from backward classes has been scrapped.

The amended bill excludes the central government's mandatory 10 per cent reservation for individuals from Economically Weaker Sections, and will take total quotas to 75 per cent.

Nitish Kumar had proposed the amendment on Tuesday, hours after his government tabled the full report of the contentious state-wide caste survey. The report said 36 per cent of the Bihar's 13.1 crore people are from EBCs and 27.1 per cent are from Backward Classes.

Of the rest, 19.7 per cent are from Scheduled Castes and Scheduled Tribes make up 1.7 per cent of the population. The General Category accounts for 15.5 per cent of the population, the report said.

This means that over 60 per cent of Bihar hails from OBCs or EBCs.

Data from the survey was presented amid BJP claims that data about population of the Yadav - to which Deputy Chief Minister Tejashwi Yadav belongs - and Muslim communities was manipulated.

The Yadav community, which will benefit from 18 per cent reservation for OBC groups, is the largest sub-group, accounting for 14.27 per cent of the category.

The report also said that 42 per cent of all Scheduled Caste and Scheduled Tribe families live in poverty, and that 34 per cent of all families in the state survive on less than ₹ 6,000 per month.

Also according to the data, less than six per cent of individuals from Scheduled Castes had finished their schooling; i.e., cleared Class 11 and Class 12.

The report was initially criticised by the BJP; in a sharp response hours after data was released, Prime Minister Narendra Modi accused the opposition of "trying to divide the country in the name of caste".

Last week, though, Union Home Minister Amit Shah declared the BJP remains open to the idea of a nation-wide caste census, so long as due diligence is done.

The data - coming months before next year's Lok Sabha poll - underlines the electoral importance of OBCs and marginalised communities - both for the BJP, which has opposed calls for a national caste census, and the opposition, which has been increasingly more and more vocal on the subject. 

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News Network
November 12,2024

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The Taliban regime has appointed Ikramuddin Kamil as the acting consul in the Afghan mission in Mumbai, Afghan media has reported.

It is the first such appointment made by the Taliban set up to any Afghan mission in India.

There was no immediate comment from the Indian side on the appointment that came.

The Ministry of Foreign Affairs of Afghanistan has announced the appointment of Kamil as the acting consul in Mumbai, the Taliban-controlled Bakhtar News Agency reported on Monday, citing unnamed sources.

"He is currently in Mumbai, where he is fulfilling his duties as a diplomat representing the Islamic Emirate," it said.

The appointment is part of Kabul's efforts to strengthen diplomatic ties with India and enhance its presence abroad, the media outlet said

Kamil holds a PhD degree in international law and previously served as the deputy director in the department of security cooperation and border affairs in the foreign ministry, it said.

He is expected to facilitate consular services and represent the interests of Afghanistan in India, the report added.

Kamil's appointment comes days after the external affairs ministry's point-person for Afghanistan held talks with the Taliban's acting defence minister, Mullah Mohammad Yaqoob, in Kabul.

Sher Mohammad Abbas Stanikzai, the Taliban's deputy foreign minister for political affairs, also posted on X about Kamil's appointment.

The appointment of Kamil is seen as part of efforts to facilitate consular services to the Afghan population in Mumbai.

There has been almost negligible presence of diplomatic staff at the Afghan missions in India.

Most of the diplomats appointed by the Ashraf Ghani government have already left India.

In May, Zakia Wardak, the seniormost Afghan diplomat in India, resigned from her position after reports emerged that she was caught at the Mumbai airport for allegedly trying to smuggle 25 kg of gold worth Rs 18.6 crore from Dubai.

Wardak had taken charge as the acting ambassador of Afghanistan to New Delhi late last year, after working as the Afghan consul general in Mumbai for more than two years.

She took charge of the Afghan embassy in New Delhi last November, after the mission helmed by then ambassador Farid Mamundzay announced its closure.

Mamundzay, who was an appointee of the Ghani government, had moved to the United Kingdom.

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News Network
November 13,2024

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New Delhi: The Supreme Court took a firm stance on ‘bulldozer justice’ today, affirming that the Executive cannot bypass the Judiciary and that the legal process must not prejudge the guilt of an accused. In a significant judgment, the bench led by Justices BR Gavai and KV Viswanathan set new guidelines for demolition practices, responding to petitions challenging the controversial bulldozer actions taken against individuals accused of crimes.

The rise of this practice, termed 'bulldozer justice,' has seen authorities in various states demolish what they claim to be illegal structures belonging to accused individuals. However, multiple petitions questioned the legality and fairness of this approach, bringing the matter before the court.

Justice Gavai highlighted that owning a home is a cherished goal for many families, and an essential question was whether the Executive should have the authority to strip individuals of their shelter. “In a democracy, the rule of law protects citizens from arbitrary actions by the state. The criminal justice system must not assume guilt,” stated the bench, underscoring that due process is a fundamental right under the Constitution.

On the principle of separation of powers, the bench reinforced that the Judiciary alone holds adjudicatory powers and that the Executive cannot overstep these boundaries. Justice Gavai remarked, “When the state demolishes a home purely because its resident is accused of a crime, it violates the doctrine of separation of powers.”

The court issued a strong warning about accountability, stating that public officials who misuse their power or act arbitrarily must face consequences. Justice Gavai observed that selectively demolishing one property while ignoring similar cases suggests that the aim might be to penalize rather than enforce legality. “For most citizens, a house is the product of years of labor and dreams. Taking it away must be an action of last resort, thoroughly justified,” he said.

In its directives under Article 142 of the Constitution, the Supreme Court established new demolition guidelines. These include:

Mandatory Show-Cause Notice: No demolition should occur without first issuing a show-cause notice. The person served has a minimum of 15 days or the duration stated in local laws to respond.

Transparency of Notice Content: The notice must include specifics about the alleged unauthorized construction, the nature of the violation, and the rationale for demolition.

Hearing and Final Order: Authorities are required to hear the response of the affected individual before issuing a final order. The homeowner will have 15 days to address the issue, with demolition proceeding only if no stay order is obtained from an appellate authority.

Contempt Proceedings: Any breach of these guidelines would lead to contempt proceedings. Officials who disregard these norms will be personally accountable for restitution, with costs deducted from their salaries.

Additionally, the court mandated that all municipal bodies establish digital portals within three months, displaying show-cause notices and final orders on unauthorized structures to ensure public transparency and accountability.

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News Network
November 15,2024

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Iran’s Islamic Revolution Guards Corps (IRGC) has killed or captured 69 terrorists linked to the Israeli spy agency Mossad during a major counterterrorism drill in the country's southeast, its spokesman says.  

General Ahmad Shafaei, the spokesman for the “Martyrs of Security” drill, said Friday that a total of 23 terrorists have been killed and another 46 arrested in various clean-up operations ever since the IRGC Ground Force launched it in the Sistan and Baluchestan province on November 1.

Seven terrorists have also turned themselves in during the period.

“The undeniable fact about terrorists is that they rely on arrogant powers, particularly the intelligence service of the wicked and vicious Zionist regime," Shafaei said.

“Unfortunately, weapons and munitions at terrorists’ disposal are among the most sophisticated ones in the world. This accounts for their heavy dependence.” 

The official stated that several members of the disbanded terror teams were non-Iranian nationals, who had been hired by foreign intelligence agencies to carry out acts of sabotage and terror inside Iran.

In a most recent operation, six terrorists were arrested and four others were eliminated, three of whom were non-Iranians, he added. 

On October 26, ten members of Iran's law enforcement forces were killed in a terrorist attack in the Gohar Kuh district of Taftan in the Sistan and Baluchestan province.

The so-called Jaish al-Adl terrorist group claimed responsibility for the assault, which was one of the deadliest in the province in recent months.

The group has carried out numerous terrorist attacks in Iran, primarily in Sistan and Baluchestan.

Its tactics include the abduction of border guards as well as targeting civilians and police stations within the province to incite chaos and disorder.

In January, Iran launched a military operation during which the headquarters of the Pakistan-based terrorist group was targeted in missile strikes, destroying its infrastructure.

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