Caste Based Reservations: Supreme Court Scraps 100% Caste Quota in Andhra Pradesh

A five-judge Constitution Bench of the Supreme Court held it unconstitutional to provide 100% reservation for tribal teachers in schools located in Scheduled Areas across the country. You can read about this news here on The Hindu.

I believe caste-based reservation system is a blatant discriminatory system legalized by the governments and in its impact, it can be compared only with "racism" in the West. Caste based quota system should be totally scrapped and it should be replaced with assistance to the poor students irrespective of their castes. 

Here is a good Editorial from the Financial Express, summarizing this news and its implications as well as doing some thinking on its long term survival: 

Solving quota-cap riddle | By: The Financial Express | Published: April 25, 2020 6:00:13 AM

Given how political parties have banked on expanding reservation to consolidate support among sections of the electorate, the Supreme Court (SC) rejecting an Andhra Pradesh gubernatorial order from 2000 that mandated 100% reservation for scheduled tribe members for teaching jobs in scheduled areas is a significant step forward.

A five-judge SC bench clarified that the 50% cap, set by the apex court in Indra Sawhney (1992), with only extraordinary circumstances allowing a breach, could not be violated since there was no extraordinary situation warranting this. It also said that the gubernatorial order didn’t stand the test of the provisions of Schedule V of the Constitution, and that the 100% reservation, apart from junking considerations of merit, violated the rights of other reserved groups.

Since 1992, governments—both the Centre and the states—have been liberal in their interpretation of “extraordinary situation”, and have used various legal provisions to protect policies that breached the 50% cap; for instance, some states have used the Schedule IX shield to protect state laws that expanded reservation beyond 50%.

Maharashtra recently enacted a legislation to give reservation benefits to Marathas. On the other hand, the Centre created a 10% quota for people from economically “weaker” sections. Against such a backdrop, the SC, in its judgment in Chebrolu Leela Prasad Rao, points out that reservation was envisaged to help address social disparities and economic backwardness of certain sections of the population within a few decades, but “gradually, amendments have been made, and there is no review of the list nor has reservation come to an end. Instead, there is a demand to increase them (reservations)…” It even notes that it is tough for any elected government to have the political will to meet the challenges that arise from reservation.

While the judgment will likely have far-reaching consequences—the Centre’s EWS quota has been challenged before a three-judge bench—the crux of the problem is how the judiciary has interpreted reservation and related aspects. For instance, in the current case, despite Indra Sawhney and K Krishnamurthy (2010)—this had also reiterated that the 50% cap can’t be breached—the Andhra Pradesh High Court had ruled in favour of the government order. Similarly, the Bombay HC upheld the Maratha reservations despite reservation quota exceeding the 50% limit in 2019.

A fair share of the blame, however, must rest with the SC itself—in 1994, in Ajay Kumar Singh, SC ruled on reservations at the highest levels of education, which Indra Sawhney proscribes. Indeed, there are many other reservation-related judgements where the SC has either read down its earlier judgments or has completely side-stepped these. For instance, SC, in 2018, upheld one part of the Nagaraj judgment saying that reservations can’t be allowed to affect efficiency negatively, while, in another judgment, it said that “it is necessary to liberate the concept of efficiency from a one-sided approach which ignores the need for and the positive effects of the inclusion of diverse segments of society on the efficiency of administration”. Unless the apex court lays down its opinion with some degree of certitude, reservation will likely continue in perpetuity.

Source

Yogi Adityanath is the New Sun Rising Out of Coronavirus Crisis

Two weeks into the crisis caused by Coronavirus pandemic and related Lockdown, I was wondering how different leaders were performing during these trying times. I remembered that during the last very big event of post-Godhra Riots in Gujarat, it was Narendra Modi, the CM of Gujarat who propelled on the national scene. Before that, during earlier riots in Mumbai, it was Balasaheb Thackeray. Great leaders make use of biggest crisis to prove themselves and people also notice them like never before. Hence I was wondering who would emerge as a great leader from the current crisis. 

Two weeks down the line and I had no doubt about it. I had no doubt that the new leader emerging on national level would be UP's Chief Minister Yogi Adityanath. 

Today, Yogi Adityanath has become a symbol of clear, decisive and righteous way of governance. During Coronavirus crisis, be it in bringing stranded migrant workers from Delhi who were victims of Kejriwal's petty politics, or be it in rescuing young students stuck in Kota or be it in handling the lockdown violators with an iron hand, Yogi ji has proven himself in a remarkable manner. And notice how efficiently he works without making much noise. When Kejriwal and his party workers tricked workers from UP/Bihar into reaching Delhi border, he sent a large fleet of buses overnight to bring them to their states. But he did not accuse Kejriwal or did not get into any verbal duel. Perhaps he knows that people ware watching everything, and hence he should not lose energy in fighting unnecessary wars. 

Yogi Adityanath's stature is growing day by day. He is often also touted to be among the bright talented leaders who should be allowed national leadership. 

I wish to see Yogi Adityanath doing more great work and also play a national role in the same effective manner he is leading the state of UP. More power to him! 

New Ordinance by Modi Govt to Protect Health Workers: Welcome Act But Caution Also Needs to be Applied to Prevent Misuse

Modi Govt has approved an Ordinance to make acts of violence against doctors and other medical staff a cognizable and non-bailable offence, with punishment up to 7 years in jail, as the government sought to assuage fears of the health workers amid increasing reports of attacks on them. The attackers will also have to pay double the cost of the property they damage. [News]

Briefing media after the decision was taken in a meeting, information and broadcasting minister Prakash Javadekar said the Cabinet has approved the Ordinance to amend the Epidemic Diseases Act, 1897.

This is a good decision in itself since there has been many incidents of attacks on medical staff majorly by Muslim community members in their dominated areas. 

But at the same time, this is a stringent act and history has shown that any harsh law which is made by government soon starts getting misused. Even this act is not only for "doctors" who are well qualified people and hence expected to behave properly, but also for "health workers" who are not educated and sometimes come from doubtful background. In such cases they may use this law to settle old scores by labeling charges against their enemies or in order to harass anyone threatening to file a case under this harsh law. It can also lead to extortion like situations. 

The only safeguard I can see is that this ordinance has been passed as part of the Epidemic Diseases Act and after the current Chinese Virus (NCov19) crisis is passed, it should practically stop being in affect. But since a country like ours faces several disease outbreaks, it should be seen with caution that such extreme laws are not used every time. 

At the same time, it will remain up to the state Police department to impose this law or not. It can be argued that the Police were already empowered to arrest the culprits under existing laws and to prevent attack on health workers using standard means without this act. 

But Police is under control of the state governments and many states do not have BJP in power and hence do not implement Modi government's ideas in full spirits and hence this can be seen as an attempt by Modi government to further "centralize" powers with Center; which is not a good thing for our democracy. 

If this ordinance and the act is used only in exceptional cases, it can help the cause immensely. And hence we should welcome it. But since every stringent law is misused by many, the Police should see to it that this stringent law is not misused against innocent individuals.

Sovereign Gold Bonds Scheme for Current Financial Year

Currently, the first tranche of the sovereign gold bonds for this financial year is open for subscription till April 24.The value of the bond is Rs 4,639 per gram of gold. Investors, who apply online and pay through digital mode,will receive a discount of Rs 50 per gram. 

As per the terms of the investment in these bonds is locked for 8 years with option to exit after 5 years. These bonds can also be sold in secondary market in the stock exchanges. You can read more about these bonds below:

https://m.rbi.org.in/Scripts/FAQView.aspx?Id=109

This is a very good scheme and I recommend everyone to buy these bonds for long term money accumulation. 

Delhi: Doctor commits suicide, leaves note accusing AAP MLA of extortion, death threats

A doctor has committed suicide in south Delhi's Neb Sarai area and in his suicide note, he has accused an AAP MLA of harassment, extortion and death threats. 

Complete News: India Today

This is a very serious news and it tells about the quality of leadership in AAP. After AAP won election for the first time, it had become very clear that a large number of party leaders and MLAs were uneducated men from criminal background. A number of their leaders have been accused with various type of crime. It is known to everyone that the party is holding on to power in Delhi assembly simply because of offering "freebies" in exchange of votes. 

Every Delhiite who voted for AAP should be ashamed of such news. Om Shanti.