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

News Network
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
November 22,2024

Mangaluru: A man fell victim to an online scam, losing Rs 1.7 crore after fraudsters posed as officials from TRAI. According to a complaint filed at the CEN police station, the incident began on November 11, when the complainant received a call from an unknown number at 9:49 am.

The caller, claiming to represent TRAI, alleged that another mobile number registered under the complainant's name was involved in illegal activities in Andheri (East), Mumbai. The caller further stated that an FIR was lodged against the complainant for harassment under the guise of marketing. He was instructed to contact Andheri (East) police station immediately or risk his mobile service being deactivated within two hours.

The complainant was subsequently connected to an individual named Pradeep Sawant, who claimed the complainant was implicated in a money laundering scheme linked to the Naresh Goyal fraud case. Sawant alleged that a fraudulent bank account under the complainant's name was opened at Canara Bank, Andheri, and used to purchase a SIM card for illegal activities. He warned that the complainant could face arrest.

Later, the complainant was contacted via WhatsApp video call by individuals posing as Rahul Kumar (a police officer) and Akanksha (a CBI officer). They allegedly sent fabricated CBI documents to his WhatsApp number. The fraudsters demanded money to "resolve" the case. Fearing threats, the complainant allegedly transferred Rs 1.7 crore through RTGS in batches of Rs 53 lakh, Rs 74 lakh, and Rs 44 lakh between November 13 and 19. A case has been registered at the CEN police station and an investigation is ongoing.

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News Network
November 15,2024

Udupi: The Tourism Department is planning a major eco-friendly development initiative for Kamini Island, located near the Blue Flag-certified Padubidri End Point beach, aiming to attract more visitors while maintaining environmental sustainability.

Assistant Director Kumar CU emphasized that, given the island’s proximity to the Blue Flag beach, all development efforts will center around eco-friendly practices. “We are looking to enhance the Kamini River and the island’s surroundings by adding a hanging bridge, nature trails, and eco-friendly food courts offering traditional cuisine. Visitors will also be able to reach the island by pedal boats or kayaking,” he said.

The development project is estimated to cost between Rs 3 crore and Rs 4 crore. Meanwhile, the Blue Flag beach, Padubidri, continues to see a steady flow of visitors. Vijay Shetty, manager of the beach, shared that tenders for food courts and water sports have been awarded to private parties. Recently, three new coracles have been introduced, which are proving to be a hit with visitors. Additionally, three more shelters are expected to be ready by November 20.

Shetty mentioned that the beach can now accommodate between 2,500 and 3,000 visitors daily, although footfall remains lower than other district beaches due to user fees and activity restrictions. “Initially, most visitors were from Mangaluru, but now nearly 40% come from other districts, showing a shift in the visitor demographics,” Shetty noted.

To further boost tourism and promote a healthy lifestyle, a Beach Carnival is set to take place on November 23-24, featuring the National Sea Swimming Championship and a sea marathon in collaboration with the Padubidri JCI, which is celebrating its golden jubilee. Cultural events will be held at the main beach, with some sports events taking place at the Blue Flag beach. Emphasis will be placed on making all activities environmentally friendly.

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News Network
November 10,2024

kartikbhat1.jpg

Mangaluru: A heart-wrenching tragedy unfolded in the quiet Bellayuru village on the outskirts of Mangaluru as a man’s life ended on a railway track following an apparent double murder. Authorities from the Mulki police station identified the man as Karthik Bhat, 32, whose lifeless body was discovered on the tracks with his head positioned on the rail, indicating a tragic suicide.

Nearby, police recovered keys to a scooter and a house, which eventually led them to uncover a series of chilling events. Following the trail, officers located Bhat’s scooter parked near Mahammayi Temple. Inside the vehicle, they found documents confirming his identity, including an RC, insurance papers, and his driving license.

Their search continued to Bhat's home in Pakshikere, Kemral village, where they discovered a locked room. With the keys retrieved from the tracks, police unlocked the door, only to be confronted by a horrifying sight. The bodies of Priyanka (28) and her young son Hriday (4) lay in a pool of blood, pointing to a brutal murder that occurred just hours before Bhat’s suicide.

Initial investigations suggest Bhat, beleaguered by ongoing family disputes, committed the murders of his wife and son on the evening of November 8 before tragically ending his own life. A death note found in his diary hinted at his mental state and tragic intentions.

Priyanka’s family, residing in Shivamogga, was informed of the incident. The couple, married for six years, now leaves behind grieving relatives and unanswered questions. Police have initiated formal proceedings, collecting statements from family members as they continue their investigation into the tragic sequence of events.

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