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 15,2024

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Union minister Amit Shah on Friday, November 15, said PM Narendra Modi will amend the Waqf Act despite opposition from leaders like Uddhav Thackeray and Sharad Pawar.

"Modi ji wants to change the Waqf Board law, but Uddhav ji, Sharad Pawar and Supriya Sule are opposing it," Shah said, addressing a rally at Umarkhed in Maharashtra's Yavatmal district.

"Uddhav ji, listen carefully, you all can protest as much as you want, but Modi ji will amend the Waqf Act," he said. Shah said there are two camps in the November 20 Maharashtra assembly polls, one of 'Pandavas' represented by the BJP-led Mahayuti and the other of 'Kauravas' represented by Maha Vikas Aghadi.

"Uddhav Thackeray claims that his Shiv Sena is the real one. Can the real Shiv Sena go against renaming Aurangabad to Sambhajinagar? Can the real Shiv Sena go against renaming Ahmednagar to Ahilyanagar? The real Shiv Sena stands with the BJP," Shah said.

"Rahul Baba used to say that his government would credit money in the accounts of the people instantly. You were unable to fulfil your promises in Himachal, Karnataka, and Telangana," he said.

Shah said the Mahayuti alliance has promised that women will get Rs 2,100 per month under the Ladki Bahin Yojana. "Kashmir is an integral part of India and no power in the world can snatch it away from us," Shah said.

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News Network
November 22,2024

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Bengaluru, Nov 22: For the second day running, the Karnataka BJP on Friday staged a statewide protest condemning the government’s alleged move to notify land of farmers as Waqf property.

The BJP staged a protest before the offices of Deputy Commissioners at district headquarters.

The BJP leaders are vehemently demanding that the state government cancel a 1974 Gazette notification in this regard.

The agitators are also demanding scrapping of the Waqf Board and the resignation of Chief Minister Siddaramaiah and Minister for Waqf and Housing Zameer Ahmad Khan.

The BJP MLAs, MLCs, MPs gathered in the premises of Freedom Park and staged a protest under the leadership of Leader of Opposition R. Ashoka and slammed the state government.

MLA T.S. Srivatsa led the protest in Mysuru and hundreds of party workers and farmers staged the protest under the leadership of former MP Pratap Simha in Kodagu.

Former MP Sumalatha Ambareesh led the agitation in Mandya.

This was the first time that Sumalatha took part in the party’s programme after the Lok Sabha elections.

State President B.Y. Vijayendra claimed, “The Congress government in Karnataka is issuing notices to farmers claiming the ownership of their lands to the Waqf Board and pushing them on the streets overnight.”

In the first week of December, three teams formed by the BJP will travel across the state and record the grievances of farmers.

“The state government is attempting to snatch away the lands belonging to temples as well,” Vijayendra alleged and added that the teams would comprise all senior leaders of the BJP.

Meanwhile, the police have taken Sri Ram Sena chief Pramod Muthalik into custody while staging a protest march to the office of Zameer Ahmad Khan in Bengaluru.

Muthalik along with Hindutva activists was planning to lay siege to Zameer’s office over the Waqf row.

The police stopped Muthalik and requested him to submit the memorandum by reaching the minister’s office in a vehicle. However, Muthalik refused to go with the police and continued his footmarch. The police took him into custody following arguments.

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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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