SC nixes Muslim quota on whiff of communalism

Discussion in 'Politics & Society' started by Mad Indian, Jun 14, 2012.

  1. Mad Indian

    Mad Indian Proud Bigot Veteran Member Senior Member

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    NEW DELHI: The Supreme Court on Wednesday delivered a big blow to the UPA government's bid to create a 4.5% minority sub-quota within the 27% OBC quota. Despite the Centre's fervent plea, it rejected the proposal and pulled up the government for doing shoddy homework to reach the figure of 4.5% as a sub-quota for backward Muslim groups in government jobs and admissions to colleges, including IITs.

    Expressing doubts about the constitutional validity of the Centre's decision, a bench of Justices K S Radhakrishnan and J S Khehar said carving out of minority sub-quota from the 27% reservation for Other Backward Classes (OBCs) appeared to be driven only by religion-based consideration. The Andhra Pradesh high court had on identical grounds quashed the Centre's decision on May 28.

    "We are not inclined to grant interim stayof the High Court judgement," the court said. It also refused to entertain the Centre's last ditch attempt to push the minority quota into IIT admissions because it doubted the intention behind the Centre's decision to carve out 4.5% sub-quota for minorities from among the 27% reservation to OBCs.

    The Centre had on December 22, 2011, decided to implement 4.5% minority quota to benefit 82 Muslim groups included in the central list of OBCs, which together were entitled to a total of 27% reservation in jobs and admissions to central educational institutions, from January 1 this year.

    The bench said: "All the groups included under OBCs are socially and educationally backward. But, you (the Union government) appear to have carved out the sub-quota for minorities on the basis of religion. Can you make a classification on the basis of religion?"

    When the bench asked how many of other minority groups are getting the benefit, additional solicitor general Gourab Banerji said there were 2,343 groups included in central list of OBCs and of these 4.5% was reserved for 82 Muslim groups that were extremely backward.

    "The benefit was intended to be given to them not because of their religion but due to their backwardness which impeded them from fairly competing with other backward groups for their share in 27% reservation. Pitted alongside the other OBCs, these backward Muslim groups would never get their share," he said.

    The court examined the 4.5% minority sub-quota decision on the touchstone of constitutional provisions allowing the state to make special provision to uplift socially and economically backward classes and Scheduled Castes and Scheduled tribes.

    The court pointed out that unlike the 27% reservation in admissions to central educational institutions effected through enactment of legislation in 2008, the decision to carve out 4.5% minority sub-quota was neither backed by a law nor any constitutional provision.

    "It is a very important matter and we have got our doubts. You (the government) admit that the carving out of the sub-quota would affect the prospects of other OBC groups. If so, why did you not consult the National Commission on Backward Classes?" the bench asked.

    Sensing the bleakness of getting an outright stay on the HC judgement, Banerji thought of getting a foothold for the 4.5% minority quota and sought the court's permission to implement the executive scheme in admissions to IITs, where Wednesday was the last day of counseling.

    "Under the 27% reservation, 2612 seats in IITs were available for admitting OBC students. From this, 443 has been earmarked under 4.5% sub-quota. But, only 325 candidates are available against the 443 seats. Please allow this small number to get benefit under the sub-quota," Banerji pleaded.

    But, the court shot down this request too saying it was not inclined to grant interim stay on the HC verdict. It issued notices on HRD ministry's appeal to respondents.

    When the court questioned the faith-based classification of 4.5% sub-quota, Banerji argued that the Centre had done it on the basis of backwardness of the three Muslim groups but there were three states - Kerala, Karnataka and Tamil Nadu, which have done it directly for the Muslims and have been implementing it for sometime.

    SC nixes Muslim quota on whiff of communalism - The Times of India
     
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  3. Mad Indian

    Mad Indian Proud Bigot Veteran Member Senior Member

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    All Hope is not lost yet for India eh?:dancemasti:
     
  4. A chauhan

    A chauhan "अहिंसा परमो धर्मः धर्म हिंसा तथैव च: l" Senior Member

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    In others words it's an a$$kick to communal vote-bank politicians of Congress :rofl:
     
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  5. Ray

    Ray The Chairman Defence Professionals Moderator

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    This Govt and Party has totally failed to bring social justice to Indians by purposely presenting issue in a communal light so that it is rejected.

    If the issue was presented on an economic platform for relief, it would have ensured that the poor Muslims are also benefited and that would be social justice.

    But then it would not appear that the Congress is the champion of the Muslims and it would not then help in the ballot either.

    That the Muslims have got wise that the Congress is only of hollow war cries is so evident that when Khurshed promised the moon to the Muslims in the UP election at his wife's campaign rally in a Muslim majority constituency, his wife came fourth and I think she also lost her deposit.

    Muslims are no fools, Mr Khurshed.

    The sooner you realise it, the better for you and your Congress!

    The Congress has done the greatest damage to the Muslim cause. They have divided and disheartened the Muslims and helped galvanising the Majority as a backlash!
     
    Last edited: Jun 14, 2012
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  6. Daredevil

    Daredevil On Vacation! Administrator

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    This government is revolting to me on almost all fronts. There is not a glimmer of hope of some governance on at least one area but it seems they want to fail holistically. May people have the strength to bear this spineless government for 2 more years.
     
  7. Mad Indian

    Mad Indian Proud Bigot Veteran Member Senior Member

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    ^^^ and what makes you think Indians wont vote UPA into power after two years?
     
    Last edited: Jun 14, 2012
  8. Daredevil

    Daredevil On Vacation! Administrator

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    They will come up with some loan waiver or food security or some other dole scheme at tax payers cost to come back to power.
     
  9. Mad Indian

    Mad Indian Proud Bigot Veteran Member Senior Member

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    Exactly ;)

    So Middle class aka Tax payers should stand united against the shit called UPA. but we dont /wont :(
     
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  10. johngray123

    johngray123 Tihar Jail Banned

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  11. KS

    KS Bye bye DFI Veteran Member

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    I was surprised to see the OBC reaction [lack of it] on this proposal that is taking away 4.5% of their pie for shoddy communal reasons.
     
  12. trackwhack

    trackwhack Tihar Jail Banned

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  13. arya

    arya Senior Member Senior Member

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    lets replay 1947 again ake india in large numbers of states

    yadavs , rajput,muslim, pandit

    we dont want a nation

    we indian are sufficient to break our country
     
  14. arkem8

    arkem8 Regular Member

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    These token appeasements remind one of the DMK's ill fated attempt to bribe commoners into voting them back into power. TV sets, laptops, 1Rs Rice, Biryani and even direct baksheesh in the form of cash. Come elections tamils voted Jaya Aunty into power....
     
  15. KS

    KS Bye bye DFI Veteran Member

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    You probably did not hear what Amma promised to us - free grinders, laptops for school going children, some amount of gold to girl children who are getting married etc...:D



    Why are you blaming Indians as a whole for the follies of Indo-Italians and their chamchas ?....
     
  16. SHURIDH

    SHURIDH Senior Member Senior Member

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    Muslim obc group allready listed into obc quota.So obc muslim also included in 27% quota.
    They are still eligable for obc quota along with other obc.
    But i think we should reduce all kind of quota from 50% to 20%.At least 80% remain for merite.
    People demands quota because we have lack of inistitution compare to candidate.
    If we build more and more quality inistitution people won't demand quota anymore.
    So we should reduce quota gradually and build more quality institution.
     
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