‘Muslim quota is unconstitutional’: Karnataka BJP govt tells Supreme Court

News Network
April 26, 2023

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New Delhi, Apr 26: The Karnataka government defended before the Supreme Court its decision to scrap reservation on the sole basis of religion for Muslim community, saying it is  unconstitutional and contrary to the mandate of Article 14 to 16 of the Constitution of India.

Such a decision is also against the principles of social justice and secularism, it said.

The state government, however, pointed out the groups within the Muslim community who were found to be backward and found mention in Group I of the 2002 reservation order continued to enjoy the benefits of reservation. 

"Merely because reservations have been provided in the past on the basis of religion, it is no ground to continue the same for perpetuity, more so when it is on the basis of an unconstitutional principle," it said, contending that to provide the quota to the community was not justified.

Maintaining that the power to classify a group of citizens as Socially and Educationally Backward Class (SEBC) has to be constitutionally exercised in accordance with the provisions of Articles 14, 15 and 16 of the Constitution, it contended that assuming for the moment that any of the commissions had recommended for the inclusion of Muslims as Backward castes, the same does not denude the power of the State Government to take a decision in accordance with law.

In an affidavit to the challenge to the validity of its March 27 order, the state government said the power has been constitutionally conferred upon the state government to provide for protection to the Backward Classes. 

The government asserted that reservation can be provided to the Socially and Educationally backward classes in society who have been historically deprived and discriminated against within the society. "The same cannot be equated with an entire religion," it said.

The Karnataka government also pointed out there is no reservation given to Muslim community on the basis of religion as a whole in the Central List. 

"Even throughout the country, it is believed verily, except State of Kerala, there is no state that provides for reservation for the Muslim community as a whole," the state government said. 

There are various communities from the Muslim religion who are included in the SEBC which also continues to be the case in Karnataka. As such, the same in itself shows that the reservation solely on the basis of religion is not the practice followed anywhere in the country except Kerala and in the State of Karnataka, till recently, it added. 

"Reservation solely on the basis of religion is also contrary to the principles of social justice. The concept of social justice aims to protect those who are deprived and discriminated against within the society. Including within the said ambit an entire religion would be an antithesis to the concept of social justice and the ethos of the Constitution. Therefore reservation cannot be extended to any community on the sole basis of religion," it said.

The provision of reservation on the basis of religion would also be contrary to the concept of secularism. Further it would be violative of right to equality and non-discrimination on the basis of race, religion, caste, gender etc, it added.

The state government further said the issue of reservations has anyway undergone a radical shift with the introduction of reservation on the basis of economic criteria (EWS) by virtue of the 103rd Amendment. It is pertinent to state that the said amendment has been upheld by this Court in Janhit Abhiyan Vs Union of India, (2022). Therefore, the Muslim community suffers no prejudice as they can avail the benefit of EWS reservation which is 10 per cent. 

In the case of Andhra Pradesh, the Supreme Court permitted the reservation for only limited identifiable communities amongst Muslims and not the entire religion, it pointed out.

"The petitioners herein have sought to give a colour to the exercise in question which is completely baseless. The timing of the decision, etc, are immaterial without the petitioners clearly demonstrating that the reservation on the basis of religion is constitutional and permissible," it said.

The state government also said that its March 27 order was passed following the High Court's order on March 23.

The initial inclusion of Muslim community into the category of Other Backward Classes in 1979 was contrary to the recommendations of the first backward class commission headed by L G Havanur. The said inclusion has thereafter been continued subsequently primarily on the ground of economic backwardness. It is pertinent to state that the constitutional scheme at that stage did not contemplate reservations to economically weaker sections, it said. 

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News Network
September 8,2024

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In a heartbreaking incident, a beautiful journey of love and new beginnings was abruptly shattered by a tragic accident on the Mangaluru-Bengaluru highway at Talapady in Bantwal taluk on Saturday, September 7.

Manasa, a newlywed bride, lost her life in a devastating car accident, leaving her husband, Aneesh Krishna, critically injured.

The couple, who had just begun their marital journey on September 5, was returning from a temple visit to settle dues when fate took a cruel turn. Their Alto car, in which they were traveling from B C Road towards Mangaluru, skidded off course after the driver lost control, causing the vehicle to jump the divider and collide head-on with a KSRTC bus.

In the blink of an eye, their world crumbled. The impact was so severe that their car was left mangled, with Manasa tragically losing her life at the scene. Aneesh, fighting for his life, has been rushed to a private hospital in Mangaluru.

Manasa and Aneesh, both professionals working in a private company in Mangaluru, had dreams of a life together, filled with shared moments and cherished memories. The couple's love story, celebrated just days ago with their wedding at the Denthadka Temple, now echoes in the hearts of their grieving families, forever marred by this tragic accident.

The Melkar police arrived swiftly at the scene and have begun their investigation, hoping to bring clarity to this devastating event.

In the aftermath of this tragic accident, the community mourns the loss of a young bride and prays for the recovery of a husband left fighting for his life.

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News Network
September 9,2024

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Riyadh: External Affairs Minister S Jaishankar Monday met his Russian counterpart Sergey Lavrov here in the Saudi capital, days after President Vladimir Putin named India among the three countries he is constantly in touch over the Ukraine conflict.

Their interaction took place on the sidelines of the India-Gulf Cooperation Council (GCC) foreign ministers' meeting. Both the ministers are in the Saudi capital to attend ministerial meetings of the Gulf Cooperation Council.

"Russia’s Foreign Minister Sergey Lavrov held a meeting with Foreign Minister of India @DrSJaishankar," the Russian Foreign Ministry said in a post on X.

On Thursday, President Putin named India among the three countries he is constantly in touch over the Ukraine conflict and said they are sincerely making efforts to resolve it.

Speaking at the plenary session of the Eastern Economic Forum (EEF) in Vladivostok, Putin said, "If there is a desire of Ukraine to carry on with the negotiations, I can do that." His remarks came within two weeks after Prime Minister Narendra Modi's historic visit to Ukraine, where he held talks with President President Volodymyr Zelenskyy.

"We respect our friends and partners, who, I believe, sincerely seek to resolve all issues surrounding this conflict, primarily China, Brazil and India. I constantly keep in touch with our colleagues on this issue,” Putin was quoted as saying by Russia's TASS news agency.

Russian Presidential Spokesman Dmitry Peskov last week told the Izvestia daily that India could help in establishing a dialogue on Ukraine.

Underlining the existing "highly constructive, even friendly relations" between Modi and Putin, he said the Indian Prime Minister can "lead the line on getting first-hand information from the participants in this conflict," as he “freely communicates with Putin, with Zelenskyy, and with the Americans.” "This gives a great opportunity for India to throw its weight in world affairs, to use its influence that would drive the Americans and Ukrainians towards using a greater political will and entering the peaceful settlement track,” Peskov said.

He, however, said there are "no specific plans" for Modi to mediate on the issue.

"At this time they can hardly exist, as we do not see any preconditions for talks for now,” the Kremlin spokesman said.

Modi on August 23 visited Ukraine where he conveyed to President Zelenskyy that both Ukraine and Russia should sit together without wasting time to end the ongoing war and that India was ready to play an "active role" to restore peace in the region.

His nearly nine-hour visit to Ukraine, the first by an Indian prime minister since its independence in 1991, came six weeks after he held summit talks with President Putin that triggered anguish in some Western countries.

In his talks with Zelenskyy in Kyiv, Modi said India was on the side of peace since the beginning of the conflict and he would even like to contribute personally to a peaceful resolution of the crisis.

Jaishankar arrived in the Saudi capital Sunday on the first leg of his three-nation tour to attend the first India-Gulf Cooperation Council (GCC) foreign ministers' meeting.

The GCC is an influential grouping, comprising the United Arab Emirates, Bahrain, Saudi Arabia, Oman, Qatar and Kuwait. The total volume of India's trade with GCC countries stood at USD 184.46 billion in the financial year 2022-23.

From Riyadh, Jaishankar will travel to Germany where he will meet the German Foreign Minister as well as the leadership and other Ministers from the German government to review the entire gamut of bilateral relations. This will be his third bilateral visit to Berlin.

On the third and final leg of his trip, Jaishankar will visit Geneva.

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News Network
September 20,2024

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New Delhi: The Supreme Court today sought a report from the Karnataka High Court over controversial remarks made by Justice Vedavyasachar Srishananda during a recent court hearing.

Justice Srishananda, while addressing a landlord-tenant dispute, referred to a Muslim-majority area in Bengaluru as "Pakistan" and made a misogynistic comment involving a woman lawyer. 

A five-judge bench led by Chief Justice of India DY Chandrachud, along with Justices S Khanna, B R Gavai, S Kant, and H Roy, expressed the need for establishing clear guidelines for constitutional court judges regarding their remarks in court. 

The Supreme Court bench said that when social media plays an active role in monitoring and amplifying courtroom proceedings, there is an urgency to ensure judicial commentary aligns with the decorum expected from courts of law.

"Our attention has been drawn to some comments made by Karnataka High Court judge Justice V Srishananda during the conduct of judicial proceedings. We have asked the AG and SG to assist us. We ask the registrar general of the High Court to submit a report to this court after seeking administrative directions from the Chief Justice of Karnataka High Court. This exercise may be carried out in 2 weeks," the top court directed.

Videos of Justice Srishanananda have gone viral on social media.

In one video, he refers to a Muslim-dominated locality in Bengaluru as "Pakistan" and on another video he was seen making objectionable comments against a woman lawyer. In the second incident, Justice Srishanananda can be heard telling the woman lawyer that she seemed to know a lot about the "opposition party", so much so that she might be able to reveal the colour of their undergarments.

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