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Anti Quota stir - Join in and support it (Page 57)

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kabhi_21

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kabhi_21

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Posted: 16 October 2006 at 9:59pm | IP Logged
SC objects to OBC quota report



Enlarge PhotoBy IBNlive.com
Monday October 16, 12:36 PM
New Delhi: In a significant development, the Government on Monday informed the Supreme Court that the 27 percent quota for other backward classes (OBCs) in higher educational institutions will not be implemented till a proper law is enacted by parliament.

Additional Solicitor General Gopal Subramaniam gave this assurance when a bench consisting of Justice Arijit Pasayat and Justice L S Panta indicated that the apex court would not allow implementation of the quota without the matter being examined by it.

Subramaniam requested the court not to give any such interim direction as the quota bill had already been introduced in parliament in August and referred to a standing committee of parliament.

The bench, which was hearing a petition by C K Thakur challenging the government's decision to implement the 27 per cent quota for OBCs, initially passed an order, "We request parliament not to take any action on the bill till we examine the matter".

Subramaniam, however, said no such order should be passed as the government would not take any action on the implementation of the quota unless a proper law is put in place.

The bench asked Subramaniam, "You (the Veerappa Moily Committee) go on saying that you will implement the quota. On what basis do you say so in the absence of any data?"

Subramaniam said the process of collecting data was taking place and the bill was pending consideration before parliament.

The court then asked Subramaniam to submit in a sealed cover the report of the Parliamentary Standing Committee to be submitted to parliament in the winter session commencing on Nov 27. The bench directed listing of the matter for further hearing on Dec 4.

The Veerappa Moily oversight committee was set up by the central government to implement the additional caste-based quota in central educational institutes.

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kabhi_21

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Posted: 16 October 2006 at 10:00pm | IP Logged
PM forms committee to look into SC, ST quota in private sector

By ANI
Monday October 16, 08:33 PM
New Delhi, Oct 16 (ANI): With demands for reservation of the Scheduled Castes and Scheduled Tribes people in the private sector gaining strength, Prime Minister Manmohan Singh constituted a five-member coordination committee on Monday to suggest mechanisms for the affirmative actions required to be implemented by the private companies.

The coordination committee under the chairmanship of Principal Secretary to the Prime Minister would "explore the best way to see that the private sector fulfils the aspirations of the SC and ST youth". he committee which will ensure time bound examination of suggestions and action points from various stakeholders will also identify the necessary steps required for the affirmative actions and their implementation.

The committee has been asked to submit an interim report within six months followed by a final report within one year.

The other members of the committee are the secretaries of Ministry of Social Justice and Empowerment, Department of Personnel and Training, Ministry of Tribal Affairs and Department of Industrial Policy and Promotion.

This comes after Manmohan Singh's own ministers started raising the demand for SC, ST quota in the private industry.

Minister of Social Justice and Empowerment Meera Kumar and Union Fertiliser Minister Ram Vilas Paswan had publicly called for the quota in the private sector, citing the declining number of government jobs in the country.

ut the Indian industry has always desisted from any quota and has assured of taking the other mechanisms of the affirmative actions. (ANI)

kabhi_21

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Posted: 19 October 2006 at 12:38am | IP Logged
SC okays promotion quota for SC/STs in govt jobs


October 19, 2006 11:34 IST
Last Updated: October 19, 2006 11:37 IST

The Supreme Court on Thursday upheld the constitutional validity of the 77th Amendment to the Constitution providing reservations for Scheduled Castes and Scheduled Tribes for promotion in government jobs, but said that the creamy layer has to be excluded from its benefits.

A five-judge constitution bench, headed by Chief Justice Y K Sabharwal, said the overall limit of 50 per cent reservation cannot be exceeded under any circumstances.

The court said that while providing reservation for promotion in government jobs, the state has to justify that the SC/STs are not adequately represented and that the administrative efficiencies are not impelled.

The 77th amendment was brought to do away with the Supreme Court ruling in the Mandal Commission case restricting quotas to appointments as opposed to promotions. Article 16 (4A) was inserted to provide for reservation in promotion for the Scheduled Castes and Scheduled Tribes.



kabhi_21

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Posted: 31 October 2006 at 8:46pm | IP Logged
Can quota laws be put in 9th Schedule?
[ 1 Nov, 2006 0115hrs ISTTIMES NEWS NETWORK ]


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NEW DELHI: Anguished over the indiscriminate use of the constitutional provision to insulate laws from judicial scrutiny, Supreme Court on Tuesday posed the crucial question can laws providing for quota, even if they appear to violate fundamental rights, be put in the Ninth Schedule?

The question assumes importance as the court's decision on the complex but important issue will determine the fate of the Tamil Nadu Reservation Act providing for 69% reservation to backward classes, which is in excess of the 50% ceiling mandated by the apex court.

Moreover, it will also have a significant bearing on the course of action of Parliament and legislatures, which are thinking of inserting laws providing for reservation to OBCs in central educational institutions as well as the anti-sealing law in the Ninth Schedule.

The poser from the nine-judge Bench headed by Chief Justice Y K Sabharwal was both to the government, represented by Solicitor General G E Vahanvati, and the petitioners challenging the Article 31B procedure to put any law in the schedule to give it immunity from the danger of being struck down as illegal by courts.

Winding up his arguments, leading lawyer Fali S Nariman appealed to the apex court to interpret the width and play of Article 31B of the Constitution in a manner so as to prohibit its indiscriminate use to insert laws, perceived to be violative of fundamental rights, in the Ninth Schedule and shield it from judicial scrutiny.

The Bench, also comprising Justices Ashok Bhan, Arijit Pasayat, B P Singh, S H Kapadia, C K Thakker, P K Balasubramanyan, Altamas Kabir and D K Jain, said the original intent of Article 31 was to save lengthy and multi-layer litigations over agrarian laws across the country.

That phase is over, it said and sought response to the question: "Can the legislature say that as the education and reservation laws are inviting a lot of litigation, they be also put in the Ninth Schedule?"

That precisely is the point, Nariman continued and said: "Enough damage has already been done to the constitutional scheme of things by putting all and sundry into Ninth Schedule and the court must interpret the provisions to stop further damage to the Constitution."

Senior advocate Harish Salve, while agreeing with Nariman, went a step further and took a radical stand that "Article 31B is not a laundry bag into which all laws, which have a spot on them, be tucked in endlessly".

He said after the declaration by the apex court in 1973 that Parliament's power to amend the Constitution does not allow it to tinker with its 'basic structure', there is no scope for the Ninth Schedule route for laws which are per se violative of the fundamental rights.

The arguments will continue on Wednesday.

kabhi_21

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Posted: 24 November 2006 at 1:26am | IP Logged
Creamy layer in OBC quotas to stay: SC

November 24, 2006 12:50 IST

The Supreme Court on Friday dismissed a PIL seeking exemption of the operation of the 'creamy layer' rule within the Other Backward Classes for persons engaged in hereditary occupations

ChameliKaYaar

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Posted: 24 November 2006 at 10:13am | IP Logged
100% support from me. I am against any Mandal-ism. In my opinion, it was one of the worst things that has happened to the country.

mermaid_QT

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Posted: 24 November 2006 at 10:39am | IP Logged

yes indeed. it is something to be ashamed of!

sareg

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sareg

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Posted: 30 November 2006 at 6:57pm | IP Logged

nvmd



Edited by sareg - 30 November 2006 at 7:02pm

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