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

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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 9,2024

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New Delhi: A man who recently travelled from a country experiencing mpox transmission has tested positive for the disease, the Union Health Ministry said on Monday.

"The previously suspected case of mpox has been verified as a travel-related infection. Laboratory testing has confirmed the presence of mpox virus of the West African clade-2 in the patient," it said.

The ministry said that it is an isolated case, similar to the earlier 30 cases reported in India from July 2022 onwards. It is not a part of the current public health emergency reported by WHO which is regarding clade 1 of mpox, it underlined.

"The individual, a young male who recently travelled from a country experiencing ongoing mpox transmission, is currently isolated at a designated tertiary care isolation facility. The patient remains clinically stable and is without any systemic illness or comorbidities," the ministry said.

The case aligns with earlier risk assessments and continues to be managed according to established protocols, it said, adding that public health measures, including contact tracing and monitoring, are actively in place to ensure the situation is contained.

"There is no indication of any widespread risk to the public at this time," the health ministry stated.

The World Health Organisation (WHO) last month declared mpox a Public Health Emergency of International Concern (PHEIC) for the second time in view of its prevalence and spread across many parts of Africa.

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News Network
September 13,2024

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In a huge relief for Delhi Chief Minister Arvind Kejriwal ahead of the Haryana elections, the Supreme Court has granted him bail in the Delhi excise policy case. The AAP chief will now be released from jail, six months after his arrest by the Enforcement Directorate on March 21. He was subsequently arrested by the CBI in June.

Here are some of the Supreme Court's key quotes:

•    Perception also matters and CBI must dispel the notion of being a caged parrot and must show it is an uncaged parrot. CBI should be like Caesar's wife, above suspicion. 

•    "No impediment in arresting person already in custody. We have noted that CBI in their application recorded reasons as to why they deemed necessary. There is no violation of Section 41A (3) of Code of Criminal Procedure," said Justice Surya Kant.

•    Justice Ujjal Bhuyan, however, noted, "CBI did not feel the need to arrest him (Mr Kejriwal) even though he was interrogated in March 2023 and it was only after his ED arrest was stayed that CBI became active and sought custody of Mr Kejriwal, and thus felt no need of arrest for over 22 months. Such action by the CBI raises serious question on the timing of the arrest and such an arrest by CBI was only to frustrate the bail granted in ED case."

•    Submission of additional solicitor general cannot be accepted that appellant has to first approach trial court for grant of bail. Process of trial should not end up becoming a punishment. Belated arrest by CBI is not justified.

•    Regarding building a public narrative of a case... Arvind Kejriwal shall not make any public comments about this case and be present for all hearings before trial court unless exempted.

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News Network
September 17,2024

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As the Modi-led NDA government completes the first 100 days of its third term, the Congress party has launched a scathing attack, dubbing it as the "U-Turn Sarkar" for its failures and policy reversals.

At a press conference in Delhi, Congress spokesperson Supriya Shrinate highlighted what she called "100 days of instability, indecisiveness, and immaturity," accusing the Modi government of damaging critical sectors of the economy and public infrastructure.

Shrinate criticised the government's handling of the economy, which she described as being in "dire straits".

She argued that under Modi's leadership, sectors such as agriculture, youth employment, and infrastructure have been neglected. "These 100 days have been very heavy on the country's economy, farmers, youth, women, infrastructure, railways, and institutions," she said, adding "It has become clear that Narendra Modi has no vision to deal with the country's problems."

She went on to debunk the government's claims of progress in infrastructure development, citing multiple instances of structural failures in key projects.

“The airports inaugurated by Narendra Modi--from Jabalpur to Delhi and Rajkot--could not even withstand a single monsoon,” Shrinate pointed out. She also referenced failures such as:

•    Atal setu: Constructed at a cost of Rs18,000 crore, the bridge developed cracks soon after its inauguration.

•    Sudarshan setu in Gujarat: Opened in February 2024, it also developed cracks within months.

•    Shivaji statue collapse: The iconic statue of Chhatrapati Shivaji Maharaj was destroyed within eight months of being unveiled, an event Shrinate described as an "insult to Shivaji Maharaj."

•    Ram mandir water leakage: The sanctum sanctorum of the Ram Mandir, a symbol of faith for millions, was found to be leaking during the monsoon.

•    "Who will take accountability for these incidents?" Shrinate asked, questioning the government's competency in executing large-scale projects.

•    On railway safety, Shrinate accused the government of overseeing a period marked by frequent accidents and derailments.

•    "There have been 38 railway accidents in 100 days, resulting in 21 deaths," she stated. Despite the public outrage following the tragic Balasore accident, which killed nearly 300 people earlier this year, the Congress spokesperson said that the government has failed to take effective measures to improve rail safety.

•    She criticised the slow implementation of Kavach, an anti-collision device, stating, “The reality is that even after 21 deaths, Kavach is being installed at a pace of 2 km per year, while the Railway Minister shamelessly calls these 'minor' incidents.” Shrinate’s remarks come amidst mounting public concern over the Modi government’s inability to secure rail travel in one of the world’s largest railway networks.

In addition to infrastructure and safety concerns, Shrinate accused the Modi government of making hasty policy decisions, only to later backtrack under public pressure. "If any of your decisions affect the country negatively, it won’t become law because the government will take a U-turn on it," she said. Among the key policy reversals Shrinate cited were:

•    Lateral entry: A controversial policy of hiring private-sector professionals for bureaucratic roles, which was quietly shelved.

•    Broadcast Bill: Withdrawn after fierce opposition, highlighting the government's poor handling of policy legislation.

•    Waqf Board Bill: Another example of the government's failure to gauge the impact of its decisions.

•    NPS to UPS: Indexation policy changes that were hastily reversed after protests from key stakeholders.

"Narendra Modi's first 100 days symbolise not just U-turns, but a government that is fundamentally unsure of its direction," Shrinate remarked.

"In 100 days, 104 heinous crimes have been committed against women, in which there are 157 victims. Women are raped publicly in BJP ruled states but Narendra Modi doesn't say a word on this. But how will you speak, because you are the one who stood with those who sexually exploited the daughters of the country," she added.

The Congress's sharp critique of the Modi government's first 100 days has set the tone for the coming months, as the opposition gears up for a series of state elections and prepares for the 2024 general election.

"The country cannot afford this level of instability, immaturity, and incompetence," Shrinate concluded, calling on citizens to hold the Modi government accountable for what she described as its "endless U-turns and policy failures."

In these 100 days, Congress has made clear that it will focus on highlighting the government’s missteps in the economy, public safety, and governance, presenting itself as a viable alternative in the face of what it calls "a government in retreat."

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