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 21,2024

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Shares of Adani Group companies lost about $28 billion in market value in morning trade on Thursday after US prosecutors charged the billionaire chairman of the Indian conglomerate in an alleged bribery and fraud scheme.

Gautam Adani's flagship company Adani Enterprises tumbled 23 per cent, while Adani Ports, Adani Total Gas, Adani Green, Adani Power, Adani Wilmar and Adani Energy Solutions, ACC , Ambuja Cements and NDTV fell between 20 per cent and 90 per cent.

Adani group's 10 listed stocks had a total market capitalisation of about $141 billion at 0534 GMT, compared to $169.08 billion on Tuesday.

US authorities said Adani and seven other defendants, including his nephew Sagar Adani, agreed to pay about $265 million in bribes to Indian government officials to obtain contracts expected to yield $2 billion of profit over 20 years, and develop India's largest solar power plant project.

Adani Green in a statement on Thursday said the US Justice Department had issued a criminal indictment against board members Gautam Adani and Sagar Adani and the Securities and Exchange Commission had issued a civil complaint against them.

The US Justice Department also included Adani Green board member Vneet Jaain in the criminal indictment, it said.

Adani Green's units had decided not to proceed with the proposed US dollar denominated bond offerings due to developments, it added.

"Investors will shy away from Adani Group stocks ... and that's what this sharp selling is signifying," said Saurabh Jain, assistant vice president of retail equities research at SMC Global Securities.

"This could hurt the credibility of the group and maybe borrowing costs will rise," he said.

The indictment comes nearly two years after US shortseller Hindenburg Research alleged that Adani had improperly used tax havens and was involved in stock manipulation, allegations the conglomerate denied.

Also in early Asian trading on Thursday, Adani dollar bonds slumped, with prices down 3c-5c on bonds for Adani Ports and Special Economic Zone. The falls were the largest since the Adani Group came under a short-seller attack in February 2023.

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News Network
November 19,2024

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In the wake of the tragic drowning of three students at a resort near Ullal on the outskirts of Mangaluru city, the tourism department in Dakshina Kannada is set to implement comprehensive safety guidelines for properties with swimming pools or beach access. This initiative aims to ensure guest safety and prevent similar incidents in the future.

New Safety Mandates for Resorts and Homestays

Rashmi S.R., deputy director (in-charge) of the tourism department, announced, “We will instruct all homestays and resorts to enforce precautionary measures, especially those with pools or direct beach access. Properties must ensure 24/7 supervision, particularly during guest hours. This tragedy highlights the importance of having trained personnel on-site.”

Key Safety Guidelines

The district, home to around 150 homestays and 130 resorts, will see the following measures enforced:

  • Clearly displaying pool depths.
  • Installing adequate safety equipment, such as life buoys.
  • Employing trained lifeguards at all times.
  • Establishing clear pool operating hours.
  • Reviewing and implementing standard operating procedures (SOPs) for pool and beach usage.

Booming Beach Tourism Calls for Vigilance

Manohar Shetty, president of the Association for Coastal Tourism (ACT), Udupi, highlighted the growing popularity of beachside resorts, particularly during peak seasons. Properties in Udupi, often fully booked with tourists from Bengaluru, Mysuru, Kodagu, and Shivamogga, face increasing pressure to maintain safety standards.

Udupi district boasts 22 beachside commercial properties catering to this rising demand.

Shetty emphasized, “Authorities must scrutinize safety measures and carefully evaluate guidelines before issuing new resort licenses. Panchayats should rely on the Karnataka Town and Country Planning Act when handling such cases.”

Long-Term Solutions for Water Safety

Recognizing the need for a cultural shift in water safety, Shetty proposed integrating swimming lessons into school curricula. This move would not only equip students with essential skills but also encourage safe participation in water-based activities.

A Safer Tomorrow for Coastal Tourism

As the tourism sector thrives, Mangaluru’s proactive approach underscores its commitment to visitor safety. The tragic incident serves as a wake-up call, propelling the industry towards stricter regulations and better preparedness, ensuring that coastal vacations remain both enjoyable and safe.

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News Network
November 11,2024

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Mangaluru: In a deeply tragic turn of events, a 28-year-old woman named Ranjitha, who had recently given birth but tragically lost her newborn, ended her life by suicide on Monday. She reportedly leapt from the fourth-floor window of Lady Goschen Hospital’s luggage room.

Ranjitha, whose strength and resilience had carried her through a difficult pregnancy, was scheduled for discharge on Monday. Her journey to Lady Goschen Hospital began on October 24, when she was transferred from Karkala. She was a high-risk patient, battling both hypertension and diabetes. At the time of her admission, she was just 27 weeks pregnant.

Due to the complexities of her health, doctors made the difficult decision to perform an emergency C-section on October 30. She delivered a baby girl, premature and weighing only 960 grams. The newborn was immediately moved to the Neonatal Intensive Care Unit, where doctors did all they could. Despite these efforts, the baby passed away on November 3.

Ranjitha’s sorrow was profound. She stayed under hospital care even after her initial recovery and was preparing to go home on November 9. She had even requested a couple more days at the hospital, seeking time perhaps to cope with her unimaginable grief.

On the day of her discharge, a discharge card ready and her family eagerly waiting to take her home, Ranjitha reportedly made her way to the luggage room in the early hours. There, standing on a cot placed for patients' family members, she climbed to a window and fell from the fourth floor. Despite the attempts of another visitor to intervene, tragedy was inevitable. She was rushed to Government Wenlock Hospital, where doctors confirmed the worst—she was no more.

Dr. Durgaparasad M R, the Medical Superintendent at Lady Goschen Hospital, shared his grief and spoke of the ongoing investigation. A post-mortem is to be conducted, and the local Tahsildar will complete the necessary inquest procedures. Ranjitha’s exact reasons for taking this step are yet to be confirmed, though the weight of her recent losses paints a sorrowful picture.

If you or anyone you know is struggling emotionally, please remember that help is available. Reach out to mental health experts who can provide support and guidance. The toll-free helpline number 9152987821 is available to assist anyone in distress.

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