SC upholds 10% quota for EWS, says it does not violate Constitution

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November 7, 2022

New Delhi, Nov 7: The Supreme Court has upheld the 103rd Constitution Amendment providing for 10% quota for the economically weaker sections (EWS) from unreserved categories. The beneficiaries can avail the quota for admission to central institutions and Central government jobs.

A five-judge constitution bench of Chief Justice UU Lalit and Justices Dinesh Maheshwari, S Ravindra Bhat, Bela M Trivedi and JB Pardiwala, in a 4-1 verdict, held that the provisions of the concerned amendment is not in violation of the Constitution.

Reading out the verdict, Justice Maheshwari says that 103rd Constitutional amendment is valid and does not violate the basic structure of the Constitution.

Justice Trivedi says that there is a need to revisit the reservation policy and it should have a time span. Justice Pardiwala, while holding the amendment valid, observed that reservation cannot go on indefinitely and agreed with Justice Trivedi on a need to re-examine the reservation policy.

However Justice Bhatt disagreed with the majority verdict and said leaving out the poor from SCs/STs/ OBCs from availing the reservation benefit under EWS category is discriminatory.

The 103rd Constitution Amendment Bill was passed by Parliament in January 2019.

While delivering the verdict on the validity of EWS quota, the bench had considered three broad questions:

Is quota based on economic criteria valid?

The Constitution does not talk about the concept of preferential treatment on the basis of a person’s economic status. The bench therefore mulled on:
•    >> Is reservation based on economic criteria is permitted by the Constitution?

•    >> Will it go against basic structure of Constitution, if allowed?

Is 103rd Amendment a breach on Constutuion?

•    >> The court examined possible breach of Constitution by the 103rd Amendment from two aspects:

•    >> Permitting the state to make special provisions in relation to admission to private unaided institutions

Excluding SEBCs (Socially and Educationally Backward Classes)/OBCs (Other Backward Classes)/SCs(Scheduled Casts)/STs (Scheduled Tribes) from the scope of EWS reservation.

The 50% quota cap issue

The bench also considered if the 50% cap on reservation as fixed by it in the Indra Sawhney judgment is inviolable and cannot be breached.

The Centre's contention

•    >> Granting of 10% quota to the poor section will not impact other categories

•    >> It has approved creation of more than 2.1 lakh seats in central educational institutions to ensure that EWS quota didn’t impact SC/STs and OBCs

•    >> 103rd Amendment strengthened the basic structure of the Constitution by ensuring economic justice to its citizens

•    >> Upper limit on quota is not a "golden inviolable rule"

What petitioners said
•    >> Economic criteria could not be a basis for granting reservation

•    >> Granting quota to the forward class is a “fraud on the constitution” and amounted to stabbing its heart

What is the 103rd Amendment
•    >> The Bill was introduced in Parliament in January 2019, and subsequntly passed by the Lok Sabha and Rajya Sabha before getting the presidential assent.

•    >> It introduces 10% reservation for Economically Weaker Sections (EWS) for admission to Centre-run as well as private educational institutions (except for minority educational institutions)

•    >> It also provides for similar reservations for employment in Central Government jobs

•    >> Such reservations not mandatory in state govt-run institutions or state government jobs

•    >> Some states have voluntarily chosen to implement similar reservations

Who can avail EWS quota benefits
•    >> Persons with an annual gross household income of up to Rs 8 lakh

•    >> Excluded: Families owning over 5 acres of agricultural land, a house over 1,000 square feet, a plot of over 100-yards in a notified municipal area or over a 200-yards plot in a non-notified municipal area

•    >> Communities that already have reservations such as SCs, STs and the "non creamy layer" of OBCs

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News Network
January 15,2025

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In a no-holds-barred attack on RSS chief Mohan Bhagwat for his remark that India got "true independence" after the Ram Temple in Ayodhya was consecrated, Congress leader Rahul Gandhi today said the comment amounted to "treason" and that Mr Bhagwat would be arrested and tried if he was in any other country.

Mr Gandhi was addressing an event to mark the inauguration of the new Congress headquarters in Delhi. "We are getting a new headquarters at a very particular time. I think it's quite symbolic that yesterday, the chief of the RSS said that India never achieved Independence in 1947. He said true Independence in India was achieved when the Ram Mandir was built. He says that the Constitution was not the symbol of our freedom."

"Mohan Bhagwat has the audacity to inform the nation every two or three days what he thinks about the Independence movement, what he thinks about the Constitution. What he has said yesterday is treason because it is stating that the Constitution is invalid, it is stating that everything (done) to fight against the British was invalid and he has the audacity to say this publicly," Mr Gandhi said, adding, "in any other country, he would be arrested and tried".

"To say that India did not get Independence in 1947 is an insult to every single Indian and it's about time we stop listening to this nonsense that these people think they can just keep parroting out and shouting and screaming," the Leader of the Opposition in Lok Sabha said.

Mr Bhagwat was in Indore on Monday to present the National Devi Ahilya award to Champat Rai, general secretary of Shri Ram Janmabhoomi Teerth Kshetra Trust. Addressing a gathering there, he said the day of the consecration of Ram Temple in Ayodhya should be celebrated as "Pratishtha Dwadashi" as it marks the "true independence" of Bharat. 

"India, which faced enemy attacks for centuries, witnessed its true independence that day. We had independence, but it had not been established. India got political independence on August 15, 1947, we also brought a Constitution but the country did not run in its spirit. How can we accept that dreams have been fulfilled and pain alleviated? Our swa (self) is Ram, Krishna and Shiva. Do they belong only to those who worship them? No. Ram connects people from north to south, Krishna from east to west and Shiva is in every particle of Bharat," he said.

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News Network
January 13,2025

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The director general of the Ministry of Health in Gaza has described as “hell” the situation in the north of the strip which has been under an Israeli ground offensive and siege for “100 days”.

“The situation is literally like hell,” Munir al-Barsh said on Sunday, referring to daily Israeli attacks and the regime’s ban on food delivery to medical staff trapped in the north’s hospitals.

He added that “hospitals in northern Gaza have turned into mass graves.”

Al-Barsh noted that the offensive and the destruction of hospitals and infrastructure and any sign of life in the north are aimed to empty the region of its residents.

“The Israeli occupation has been deliberately destroying the health system since the very first moment,” he said, adding that “the destruction of hospitals was the greatest evidence of the [Israeli] genocide.”

According to his statements, 5,000 people have been killed or gone missing, while 9,500 others have been injured since the start of Israel’s offensive on the north of Gaza in early October 2024. The regime’s forces have also abducted about 2,300 people, including 65 medical staff, during the ongoing offensive.

Al-Barsh slammed the “disgraceful” silence of the international community on Israel’s atrocities, which he said, has “deepened the suffering of innocent civilians.”

Israel launched a genocidal war on Gaza on October 7, 2023 after the Palestinian resistance movement Hamas waged the surprise Operation Al-Aqsa Flood against the occupying entity in response to the Israeli regime's decades-long campaign of bloodletting and devastation against Palestinians.

The regime’s bloody onslaught on Gaza has so far killed at least 46,565 Palestinians, mostly women and children, and injured more than 109,660 others. Thousands more are also missing and presumed dead under rubble.

However, the UK’s Lancet medical journal estimates the actual number of deaths in the war is much higher than the official toll.

According to the study, figures reported by the Palestinian health ministry likely undercounted the death toll by 41 percent in the first nine months of the war as the Gaza Strip’s healthcare infrastructure unraveled.

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News Network
January 14,2025

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New Delhi: Social media giant Meta is set to get a summons from a Parliamentary Standing Committee over its boss Mark Zuckerberg's remark on the 2024 Indian general election. Nishikant Dubey, BJP MP and chairman of the House panel on Communication and Information Technology, said Meta would be summoned on grounds of spreading misinformation.

"Misinformation on a democratic country maligns its image. The organisation would have to apologise to the Parliament and the people here for this mistake," Mr Dubey said in a post on X.

In a podcast on January 10, the 40-year-old Facebook co-founder said the Covid pandemic had led to an erosion of trust in incumbent governments the world over. He incorrectly cited India's example in this connection. "2024 was a very big election year around the world and all these countries, India, had elections. The incumbents basically lost every single one. There is some sort of a global phenomenon - whether it was because of inflation or the economic policies to deal with Covid or just how the governments dealt with Covid. It seems to have had this effect that's global," he said.

Soon after, Union Minister Ashwini Vaishnaw fact-checked Zuckerberg's remark and said the people of India had reaffirmed their trust in the NDA led by Prime Minister Narendra Modi in the Lok Sabha election held last year.

"As the world's largest democracy, India conducted the 2024 elections with over 640 million voters. People of India reaffirmed their trust in NDA led by PM @narendramodi Ji's leadership. Mr. Zuckerberg's claim that most incumbent governments, including India in 2024 elections, lost post-COVID is factually incorrect," Mr Vaishnaw, who handles portfolios of Railways, Information and Broadcasting and Electronics and Information Technology in the Modi 3.0 government, said in a post on X.

"From free food for 800 million, 2.2 billion free vaccines, and aid to nations worldwide during COVID, to leading India as the fastest-growing major economy, PM Modi's decisive 3rd-term victory is a testament to good governance and public trust. Meta, it's disappointing to see misinformation from Mr. Zuckerberg himself. Let's uphold facts and credibility," he added.

The ruling BJP, which had scored thumping victories in the 2014 and 2019 Lok Sabha polls, suffered some setbacks in the general election last year and ended below the majority mark. The NDA alliance, however, crossed the magic figure comfortably with key allies bolstering the BJP's numbers. A united Opposition led by the Congress did make gains, but fell well short of the numbers required to turn the tables. With Modi 3.0, Prime Minister Modi became only the second Indian Prime Minister after Jawaharlal Nehru to get the top post for three consecutive terms.

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