'Creamy layer' concept not applicable to SC/ST: Govt to SC
The Centre on Monday sought a review of the Supreme Court verdict in 2018 on the exclusion of the "creamy layer" within the Scheduled Castes (SC) and Scheduled Tribes (ST) category from the reservation benefit.
 
The Centre's top law officer, Attorney General K.K. Venugopal arguing before a bench headed by Chief Justice S.A. Bobde said that there are doubts on the correctness of the five-judge bench judgement in the Jarnail Singh case in 2018.
 
Venugopal said, "We want this matter to be heard by a larger bench. Earlier, it was five-judge bench, but we want it to go before a seven-judge bench. The concept of creamy layer cannot be applied to the category of SC/ST."
 
The creamy layer principle, distinguishes between the affluent among disadvantaged sections, especially from a social perspective, should not be considered for reservation in jobs and admissions. The creamy layer applies only to Other Backward Classes (OBCs).
 
The A-G contended before the court that the five-judge bench apparently did not take into consideration the SC/ST communities were kept outside the ambit of the creamy layer by another judgement in 2008 by a five-judge bench. He referred to the Indra Sawhney matter.
 
Senior advocate Gopal Sankaranarayan, representing Samta Andolan Samiti, opposed this argument. This Samiti represents the lowest strata of the SC/ST communities in Rajasthan. Sankaranarayan argued that the Jarnail Singh verdict was very clear and left and no doubt, and there is no merit in propping up the same issue again.
 
He insisted before the bench that the review of the judgement cannot be brought up every year, and the 2018 verdict was clear on the concept of creamy layer, therefore, the review does not hold any merit.
 
Attorney General contended before the court that a seven-judge bench should be set up to examine the latest verdict on the matter. After this argument, the Chief Justice said the court will take up the matter after two weeks.
 
In the Jarnail Singh case, the five-judge bench had said that the Constitutional courts, implementing the principal of reservation will be within jurisdiction to exclude the creamy layer from such groups or sub-groups, and this is will be in the favour of the principle of equality.
 
Disclaimer: Information, facts or opinions expressed in this news article are presented as sourced from IANS and do not reflect views of Moneylife and hence Moneylife is not responsible or liable for the same. As a source and news provider, IANS is responsible for accuracy, completeness, suitability and validity of any information in this article.
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    Aarey car-shed work suspended, announces Uddhav Thackeray
    In a significant development, Maharashtra Chief Minister Uddhav Thackeray on Friday announced that the work on the upcoming Mumbai Metro car-shed at the Aarey Colony has been suspended.
     
    "The work on the Mumbai Metro will continue unhindered. However, the work of the car-shed will be suspended until further orders. We will not allow even a leaf from Aarey Colony to be removed," he asserted.
     
    Thackeray's statement came barely two months after the Mumbai Metro Rail Corporation Ltd (MMRCL) authorities chopped down 2,141 trees in a few hours, or coming to one tree per minute, shocking the people of the state.
     
    Addressing a meeting organised by the Mantralaya Reporters Association here this evening, he pointed out that he had become the first CM of the state from Mumbai, the country's commercial capital and would ensure that "not a single paise of public money" is misused or spent wrongly.
     
    To a question whether the Maha Vikas Aghadi of Shiv Sena-Nationalist Congress Party-Congress had diluted the Sena's 'saffron' colour, he managed a hearty laugh.
     
    "I was born with this (saffron) colour. No laundry can ever wash it off," the CM said amidst a loud round of applause.
     
    Thackeray said he would welcome any "constructive criticism" by the media on any aspects of the government or governance always, and agreed to consider suggestions put forth by media persons.
     
    On how he felt about taking over as the Chief Minister, he candidly admitted that in his entire life, he had barely come to Mantralaya on a couple of occasions and has "not even seen the Vidhan Bhavan from inside".
     
    "However, I have taken up the challenges of the MVA government. I will not run away from my responsibilities," he declared.
     
    This was the new Chief Minister's first informal media interaction with the journalists who cover the Mantralaya and Legislature, where he appeared a tad weary, but cheerful, after his first day at work.
     
    Disclaimer: Information, facts or opinions expressed in this news article are presented as sourced from IANS and do not reflect views of Moneylife and hence Moneylife is not responsible or liable for the same. As a source and news provider, IANS is responsible for accuracy, completeness, suitability and validity of any information in this article.
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    COMMENTS

    Aditya G

    1 week ago

    Recency bias at its best. We all know what happened to Guantamo Camp.

    Nakul Kumar Reddy

    2 weeks ago

    Forget about DVR and Drama team,
    Iam with u , decession taken.
    Waiting waiting .....

    Open Letter to Maharashtra CM Uddhav Thackeray Seeks Implementation of Act 21 for Speedy Decisions
    Former central information commission Shailesh Gandhi has asked Maharashtra’s new chief minister Uddhav Thackeray to implement Act 21 of 2006 for speeding up the decision making process in the government offices. The letter also demands filling up vacancies, making institutions like Lokayukta strong, stepped up efforts for conserving water and increase transparency in the government. 
     
    Here is the letter sent by Mr Gandhi to CM Thackeray…
     
    29 November 2019
    Shri Uddhav Thackeray
    Chief Minister of Maharashtra,
     
    Dear Sir,
     
                Congratulations on becoming the Chief Minister of our State.
    You have said that you have serious intentions of governing Maharashtra for over a decade and I am sending you a few suggestions which would radically improve the governance of our State and reduce corruption.  
     
    1. Implementing Act 21 of 2006: This law requires that most decisions should be taken in three levels and this should be done within 45 days. If this is violated it mandates disciplinary action against the responsible public servants. This restores respect to the individual citizen and would go a long way in reducing corruption. Most applications, complaints and representations of citizens have to be decided within 45 days. (Note below).
     
    2. Ensuring filling all vacancies in government: The average vacancies in sanctioned positions is probably in the region of 25 to 30%. This is also a significant reason for inefficient and corrupt governance.
     
    3. Making Institutions strong: Lokayukta; Human Rights, Women’s, Children’s, Information Commissions, Police Complaints Authorities and many more such institutions are our checks and balances of democracy. These are selected with no criterion, and usually as a favour or reward.
     
    It must be ensured that proper criterion are laid down for the job requirements and a transparent process adopted for their selection. (Note below) 
     
    4. Stopping Burking: The law requires police to file a FIR when a cognizable crime is reported. There are many Supreme Court judgments on this. But police do not file FIRs, which results in crime being encouraged and corruption in the police. The extent of burking is not known but is likely to be of an order of 500% or more. (Note attached).
     
    5. Conserving water and raising the Water table: This is being done by some outstanding efforts of NGOs. If government replicates their ways and techniques it would be big gain.
     
    6. Increasing level of Transparency in Government;
     
    i) Appointing six information Commissioners to overcome the huge pendency.
     
    ii) Displaying all RTI applications and responses on the website, (Note attached)
     
    iii) Displaying most information on websites (https://jansoochna.rajasthan.gov.in/  a beginning has been made, we can do much better).
     
    I am sure you will be getting many requests. The above suggestions are for strengthening the Maharashtra administration, and could lead to great faith in the government. 
     
    Needless to say I would be honoured to explain these in detail, if you desire. Most of these are only seeking implementation of laws. Earlier governments have flouted laws. I am sure you will strike a new path.
     
    I am hoping this Open Letter will be shown to you and you will consider responding to it.
     
    Yours faithfully
    Shailesh Gandhi
    Former Central Information Commissioner
     
    Note on Act 21 of 2006: Government Servants Regulation of Transfers and Prevention of Delay in Discharge of Official Duties
     
     
    Note on Selection Evaluation of Information Commissioners
     
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    COMMENTS

    Harish

    2 weeks ago

    A Very Good Initiative by Shri Shailesh Gandhi.

    K C Gangadhar

    2 weeks ago

    Timely appeal by the ever active Shailesh Gandhi. Hope Moneylife can periodically track actions initiated by the Govt on these highlighted steps.

    Nakul Kumar Reddy

    2 weeks ago

    Already Decession taken, waiting for Ur signal only

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