SC Refuses to Stay Quota for Poor Upper Caste
Total Page：16
File Type：pdf, Size：1020Kb
@TheDailyPioneer facebook.com/dailypioneer RNI No.2016/1957, REGD NO. SSP/LW/NP-34/2019-21 Follow us on: Established 1864 CITY 3 OPINION 8 WORLD 12 Published From RAIN, HAILSTORM FARCICAL SHOW VENEZUELA’S MADURO DELHI LUCKNOW BHOPAL HITS BACK AT RIVAL BHUBANESWAR RANCHI RAIPUR LASH CITY OF FORCE CHANDIGARH DEHRADUN Late City Vol. 155 Issue 25 LUCKNOW, SATURDAY JANUARY 26, 2019; PAGES 16 `3 *Air Surcharge Extra if Applicable IN-FORM INDIA LOOK TO EXTEND} LEAD } 13 SPORT www.dailypioneer.com HAPPY REPUBLIC DAY SC refuses to stay quota for poor upper caste Insolvency code To examine validity of constitutional amendment Five-member Bench to hear is sacrosanct: SC PTI n NEW DELHI there should not be any stay on ing limit cannot be breached. In nomic criterion cannot be the Insolvency and the Centre’s decision. the present form, the upper limit only basis of reservation as has Ayodhya case reconstituted he Supreme Court on The bench said it has mere- of quota goes up to 60 per cent been laid down by the 9 judges Friday refused to stay the ly issued the notice. When some which violated the decisions of in Indira Sawhney, without PTI n NEW DELHI is also not a member in the new Bankruptcy Code TModi government’s deci- lawyers started arguing simulta- the apex court. removing the basis of the judge- bench. Justices Bhushan and sion to grant 10 per cent reser- neously, the bench said, “Don’t Referring to the nine-judge ment,” the petition said. new 5-judge Constitution Nazeer are the new members in validity upheld vation to economically poor in come to this court to create bench decision of the apex court “By way of the present ABench was constituted by the bench. the general category but agreed trouble. Call the next case”. The in the landmark 1992 Indira amendments, the exclusion of the the Supreme Court on Friday to A notice sent by the PNS n NEW DELHI to examine the validity of the bench was hearing petitions filed Sawhney case, the petition said OBCs and the SCs/STs from the hear on January 29 the politically Supreme Court registry to var- constitutional amendment which by parties including organisations the latest amendment complete- scope of the economic reserva- sensitive Ram Janambhoomi- ious parties said that the n a major setback to default- paved the way for this quota. like ‘Janhit Abhiyan’ and NGO ly violated the Constitutional tion essentially implies that only Babri Masjid land title dispute in Ayodhya dispute matter will be Iers, the Supreme Court on “Earlier experiments, as A bench comprising Chief ‘Youth For Equality’ challenging norm that economic criterion those who are poor from the gen- Ayodhya. The Bench was re- listed on Thursday, January 29, Friday upheld the constitu- we have seen, in terms of leg- Justice Ranjan Gogoi and Justice the Centre’s decision. cannot be the only basis of reser- eral categories would avail the constituted as Justice UU Lalit, 2019, in “Chief Justice’s court tional validity of the Insolvency islations having failed, ‘trial’ Sanjiv Khanna issued a notice to In poll year, the Modi gov- vation. benefits of the quotas. “Taken who was a member of the orig- before the constitution bench and Bankruptcy Code (IBC) in having led to repeated ‘errors’, the government on a batch of ernment has come out with the “Such an amendment is together with the fact that the inal bench, recused himself on comprising the CJI, and Justices its entirety, saying, “the default- ultimately led to the enactment petitions challenging the validi- constitutional amendment bill hence vulnerable and ought to be high creamy layer limit of Rs 8 January 10 after expressing dis- SA Bobde, DY Chandrachud, ers’ paradise is lost” and the of the Code. The experiment ty of the Constitution (103 giving quota benefits to the poor struck down as it merely negates lakh per annum ensures that the inclination to participate in the Ashok Bhushan and S A Nazeer.” economy’s rightful position contained in the Code, judged Amendment) Act, 2019 which among general category candi- a binding judgement,” it said. It elite in the OBCs and SCs/STs hearing any further as he had Justices Bhushan and has been regained. by the generality of its provi- allows grant of quota in jobs and dates. The petition, filed by also said that the amendments fail capture the reservation benefits appeared as a lawyer for former Nazeer were part of the 3-judge A Bench of Justices RF sions and not by so-called cru- education to the poor in the gen- Youth For Equality through its to consider that Articles 14 and repeatedly, the poor sections of Uttar Pradesh chief minister bench, then headed by Chief Nariman and Navin Sinha dities and inequities that have eral category. president Kaushal Kant Mishra, 16 form the basic feature of these categories remain com- Kalyan Singh in a connected Justice Dipak Misra (since refused to alter any of the pro- been pointed out by the peti- “We will examine the matter. has sought the quashing of the bill equality, and that they have been pletely deprived. This is an over- matter “sometime in the year retired), which on September 27, visions of the IBC, which was tioners, passes constitutional Issue notice,” the bench said, saying that the economic criteri- violated with the doing away of whelming violation of the basic 1997”. 2018 gave a 2:1 verdict refusing challenged in a batch of petitions muster,” said Justice Nariman, making it clear that there would on cannot be the sole basis for the restraints that were imposed feature of equality enshrined in The new bench comprises to refer to a 5-judge filed by several companies. The who penned 150-page verdict be no stay on the decision. The reservation. on the reservation policy, i.e. the Article 14 of the Constitution and of Chief Justice of India Ranjan Constitution Bench reconsider- court said, “The flow of finan- for the Bench. top court asked the Centre to file The plea has said the bill vio- 50 per cent ceiling limit and the elsewhere,” it said. Later in a press Gogoi and Justices SA Bobde, ation of the observation in its cial resource to the commercial It noted that approximate- its response within three weeks. lates basic feature of the exclusion of economic status as release, the organisation said in DY Chandrachud, Ashok 1994 judgement that a mosque sector in India has increased ly 3,300 cases have been dis- Solicitor General Tushar Mehta, Constitution as reservation on a sole criterion. principle it’s a welcome step and Bhushan and SA Nazeer. was not integral to Islam. exponentially as a result of posed of by the adjudicating appearing for the Centre, said the economic grounds cannot be “The Constitution amend- that deprivation and not the Justice NV Ramana, who The matter arose during the financial debts being repaid”. authority based on out-of- pleas did not deserve a hearing limited to the general categories ment completely violates the caste has been made the basis of was in the bench which last hearing of the Ayodhya land dis- With regard to the contro- court settlements between cor- and vehemently argued that and the overall 50 per cent ceil- Constitutional norm that eco- protective discrimination. heard the matter on January 10, pute. versial provision of section porate debtors and creditors 29A of the IBC, which dealt which themselves involved with the rights of erstwhile pro- claims amounting to over `1.20 the pioneer moters to participate in the lakh crore. recovery process of a corporate The Bench said 80 cases WISHES ITS READERS CBI raids Haryana ex-CM’s premises, Cong says vendetta debtor, the Bench said that “a have been resolved, of which HAPPY resolution applicant has no the liquidation value of 63 REPUBLIC DAY PNS n NEW DELHI The CBI case relates to vested right for consideration such cases is `29,788 crore. alleged corruption in the acqui- or approval of its resolution “These figures show that he CBI on Friday raided sition of 1,417 acres of land in Nirav’s illegal seaside Alibaug bungalow being razed plan”. the experiment conducted in Tseveral premises belong- 2009 in Gurugram. The court said the working enacting the Code is proving to ing to former Haryana Chief Besides Hooda and Gupta, TN RAGHUNATHA n MUMBAI sprawling illegal bungalow demolition of 58 illegal beach- of the Code is being monitored be largely successful. The Minister Bhupinder Singh the agency has also named 15 located off Khim beach, near- side bungalows, a team head- by an expert committee of the defaulter’s paradise is lost. In its Hooda provoking a strong builders/colonisers in the case, he Raigad administration ly 100 km from Mumbai. ed by Alibaug’s sub-divisional Central Government and in a place, the economy’s rightful reaction from the Congress, including DLF, Emaar MGF, Ton Friday began demolish- Acting on the directives of officer Sharada Powar started short period, amendments have position has been regained,” the which warned officials of probe Buzz Hotels, Ansals among ing fugitive diamond trader the Bombay High Court which the demolition. been carried out by involving Bench said. agencies of consequences for others. Nirav Modi’s beach-side had on January 14 ordered the Detailed report on P10 all stakeholders. Continued on Page 10 targeting political opponents of Continued on Page 10 HOLIDAY NOTICE the Modi Government. The Press and offices of The The CBI on Wednesday registered a new case against Pioneer will remain closed former Haryana Chief Minister on January 26, 2019, on Bhupinder Singh Hooda and account of Republic Day.