The Andhra Pradesh government on Thursday received a major boost with the Supreme Court, in an interim order, upholding the validity of four per cent reservation provided to backward members of Muslim community in the State.
A bench of Chief Justice K.G. Balakrishnan and Justices J.M. Panchal and B.S. Chauhan, however, referred the issue to a Constitution bench to examine the validity of the impugned Act since it involved important issues of the Constitution.
The bench passed the direction while dealing with a Special Leave Petition (SLP) filed by the government against an order of Andhra Pradesh High Court which had earlier struck down the provision as being unconstitutional.
A seven-judge Constitution bench of the High Court had by a majority judgement of 5:2 held the Andhra Pradesh Reservation for Socially and Educationally Backward Classes of Muslims Act, 2007 “unsustainable” and violative of Article 14 (equality before law) and other provisions pertaining to prohibition of discrimination by State on grounds of religion, race, caste, sex or place of birth.
The High Court, while setting aside the state Act, had also quashed a subsequent 2007 government order allocating four per cent reservation to Muslim groups in educational institutions and jobs.
The State had moved a bill in the Assembly on the basis of a report submitted to it by Andhra Pradesh Commission for Backward Classes (APBC). The bill was later passed by the Assembly.
The report had recommended that the socially and educationally backward should be adequately represented in the State.
The High Court held that the recommendation made by the APBC was unsustainable as it failed to evolve and spell out proper and relevant criteria for identification of social and educational backwardness and inadequate representation in public employment among classes or persons belonging to Muslim community.
It said the data was not collected properly by the APBC for determining the social and educational backwardness of the Muslims in the state.
The High Court said the Commission relied on data collected and observations made by Anthropological Survey of India which was meant to make an anthropological profile of Indian population and has no relevance to the affirmative action or reservation under Article 15(4) and 16 (4) of the Constitution which enables a State to make law on reservation.
Showing posts with label Muslims. Show all posts
Showing posts with label Muslims. Show all posts
Friday, March 26, 2010
Interim relief to AP on Muslim reservation
MIM, TDP welcome Supreme Court order
The Majlis Ittehadul-e-Muslimeen on Thursday welcomed the Supreme Court’s order lifting the stay on implementation of four per cent reservation in jobs and education for economically-backward Muslims and said this should be an “eye-opener” to those who opposed the reservations.
“The Supreme Court’s order today should be an eye-opener to those who opposed the reservation. Reservation is very much essential for the uplift of socially and economically-backward Muslims,” MIM president and Hyderabad MP Asaduddin Owaisi told PTI.
With the Supreme Court lifting the stay on the High Court judgement quashing the reservation, the academic future of thousands of Muslim boys and girls would be protected, he pointed out.
“It is high time that the Government of India implements the recommendations of the Ranganath Mishra Committee in relation to reservation for Muslims,” Mr. Owaisi said.
The Telugu Desam Party too welcomed the Supreme Court order.
“The government should argue the case more effectively in the Supreme Court and ensure that the reservations for Muslims are fully protected,” TDP chief N Chandrababu Naidu said.
“The Supreme Court’s order today should be an eye-opener to those who opposed the reservation. Reservation is very much essential for the uplift of socially and economically-backward Muslims,” MIM president and Hyderabad MP Asaduddin Owaisi told PTI.
With the Supreme Court lifting the stay on the High Court judgement quashing the reservation, the academic future of thousands of Muslim boys and girls would be protected, he pointed out.
“It is high time that the Government of India implements the recommendations of the Ranganath Mishra Committee in relation to reservation for Muslims,” Mr. Owaisi said.
The Telugu Desam Party too welcomed the Supreme Court order.
“The government should argue the case more effectively in the Supreme Court and ensure that the reservations for Muslims are fully protected,” TDP chief N Chandrababu Naidu said.
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Sunday, March 7, 2010
State resolution seeks BC quota
The state government on Saturday reintroduced a resolution requesting the Central government to provide 33.33 per cent reservations for Backward Classes including Muslims in the Lok Sabha and Assembly constituencies.
The Chief Minister, Mr K. Rosaiah, introduced the resolution and the House unanimously passed the same.
The late chief minister Dr Y.S. Rajasekhar Reddy had moved the same resolution on August 29, 2008 and ensured that it was unanimously accepted in the House.
The House reiterated the recommendation already made earlier as the MIM stalled the proceedings for two days demanding political reservations for Muslims.
Amidst noisy scenes, the House adopted the resolution without any debate. No political party leader was given a chance to speak on the resolution.
The resolution asked the Centre to bring necessary amendment to the Constitution to provide the reservation.
The MIM floor leader, Mr Akbaruddin Owaisi, and his team were hell bent on extending the political reservations to Muslims in the wake of the introduction of Women Reservation Bill in the Parliament.
The MIM argued that the Women Reservation Bill would deprive the community of its place in the legislature.
The Chief Minister, Mr K. Rosaiah, introduced the resolution and the House unanimously passed the same.
The late chief minister Dr Y.S. Rajasekhar Reddy had moved the same resolution on August 29, 2008 and ensured that it was unanimously accepted in the House.
The House reiterated the recommendation already made earlier as the MIM stalled the proceedings for two days demanding political reservations for Muslims.
Amidst noisy scenes, the House adopted the resolution without any debate. No political party leader was given a chance to speak on the resolution.
The resolution asked the Centre to bring necessary amendment to the Constitution to provide the reservation.
The MIM floor leader, Mr Akbaruddin Owaisi, and his team were hell bent on extending the political reservations to Muslims in the wake of the introduction of Women Reservation Bill in the Parliament.
The MIM argued that the Women Reservation Bill would deprive the community of its place in the legislature.
Tuesday, February 9, 2010
MIM workers stage dharna against ruling on quota
The Majlis-e-Ittehadul Muslimeen (MIM) activists led by the MLA Akbaruddin Owaisi staged a dharna in front of Secretariat on Monday to register their protest against High Court judgement striking down four per cent reservation for Muslims.
Over 100 MIM activists, including all the MLAs and 43 corporators, staged a dharna for about half-an-hour raising slogans against the Government and demanding reservations.
Though policemen were in position and barricaded the entrance area, some activists tried to scale the Secretariat gates in vain.
The sudden protests by MIM activists disrupted traffic for sometime before they were taken away in a van by the police to Gandhinagar police station.
Later they were released on personal bond.
All the political parties in Andhra Pradesh, except the Bharatiya Janata Party (BJP), have expressed concern over the High Court’s judgment striking down four per cent reservation for Muslims and demanded that the government take necessary measures to see that the quota was restored.
A.P. Congress Committee president D. Srinivas said the party was committed to implementation of reservations and the government would appeal against the judgment after rectifying the shortcomings, if any, in presenting its case in the court. He dismissed the claims that the quota was introduced with an eye on elections.
The Telugu Desam Party held the government responsible for the judgment alleging that the ruling party had promised the quota only as a poll ploy, while the policy (ordinance) was full of deficiencies.
This was evident from the fact that the court had not found fault with reservation as such, but gave judgment against the way the policy was framed.
Telangana Rashtra Samiti MLA T. Harish Rao said former Chief Minister Y.S. Rajasekhara Reddy had misled the community by announcing reservations before elections, knowing fullwell that it would not stand legal scrutiny.
Over 100 MIM activists, including all the MLAs and 43 corporators, staged a dharna for about half-an-hour raising slogans against the Government and demanding reservations.
Though policemen were in position and barricaded the entrance area, some activists tried to scale the Secretariat gates in vain.
The sudden protests by MIM activists disrupted traffic for sometime before they were taken away in a van by the police to Gandhinagar police station.
Later they were released on personal bond.
All the political parties in Andhra Pradesh, except the Bharatiya Janata Party (BJP), have expressed concern over the High Court’s judgment striking down four per cent reservation for Muslims and demanded that the government take necessary measures to see that the quota was restored.
A.P. Congress Committee president D. Srinivas said the party was committed to implementation of reservations and the government would appeal against the judgment after rectifying the shortcomings, if any, in presenting its case in the court. He dismissed the claims that the quota was introduced with an eye on elections.
The Telugu Desam Party held the government responsible for the judgment alleging that the ruling party had promised the quota only as a poll ploy, while the policy (ordinance) was full of deficiencies.
This was evident from the fact that the court had not found fault with reservation as such, but gave judgment against the way the policy was framed.
Telangana Rashtra Samiti MLA T. Harish Rao said former Chief Minister Y.S. Rajasekhara Reddy had misled the community by announcing reservations before elections, knowing fullwell that it would not stand legal scrutiny.
Monday, February 8, 2010
Court strikes down reservation for Muslims in Govt jobs
Andhra Pradesh High Court on Monday struck down as unconstitutional, a State Government's order providing four per cent reservation for Muslim community in Government jobs and educational institutions.
This is for the second time that the Government has faced embarrassment as its two earlier attempts too met the same fate.
The Congress Government first tried to implement its election promise made in 2004 by granting five percent reservation but it was dismissed by the Court saying it exceeded the 50 per cent limit set by Supreme Court for reservations.
After much debate and study by State BC Commission, the quota was reduced to four per cent but this too has been rejected by the Court.
PTI adds:
The order was passed by the seven-judge bench headed by Chief Justice Anil Ramesh Dave on a petition filed by an advocate K. Kondala Rao.
The State government had moved a bill in the Assembly on the basis of a report submitted to it by the Andhra Pradesh Commission for Backward Classes. The bill was later passed by the Assembly.
The report had recommended that the socially and educationally backward should be adequately represented in the State. The government order (GO) was issued on July 7, 2007 providing the 4 per cent reservation to the 15 groups.
This is for the second time that the Government has faced embarrassment as its two earlier attempts too met the same fate.
The Congress Government first tried to implement its election promise made in 2004 by granting five percent reservation but it was dismissed by the Court saying it exceeded the 50 per cent limit set by Supreme Court for reservations.
After much debate and study by State BC Commission, the quota was reduced to four per cent but this too has been rejected by the Court.
PTI adds:
The order was passed by the seven-judge bench headed by Chief Justice Anil Ramesh Dave on a petition filed by an advocate K. Kondala Rao.
The State government had moved a bill in the Assembly on the basis of a report submitted to it by the Andhra Pradesh Commission for Backward Classes. The bill was later passed by the Assembly.
The report had recommended that the socially and educationally backward should be adequately represented in the State. The government order (GO) was issued on July 7, 2007 providing the 4 per cent reservation to the 15 groups.
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TRS chief promises quota for Muslims
Telangana Rashtra Samiti (TRS) president K. Chandrasekhar Rao has promised political reservation and a quota in education and employment based on population for Muslims in separate Telangana.
Addressing a public meeting organised by Jamaat-e-Islami Hind on the Nizam College grounds here with permission granted by the Andhra Pradesh High Court, Mr. Rao felt Muslims would not be assured of social justice unless they got political reservation.
However, their experience in 53 years of unified State was bitter.
Mr. Rao assured that a special provision in Constitution would be invoked, as was done by Tamil Nadu government, to extend reservation to Muslims in education and employment.
They would get the reservations proportionate to their population which was 13 per cent to 15 per cent in Telangana.
The TRS chief also promised a budget for welfare of Muslims based on their population.
He appealed to the Muslims to shed self-defeatism and assert themselves in separate Telangana.
Earlier, Telugu Desam Party leader Nagam Janardhan Reddy faced an angry crowd demanding that party president N. Chandrababu Naidu spell out his stand on separate Telangana.
Mr. Reddy informed the crowd that it misunderstood Mr. Naidu and said it was with the latter’s permission that 39 MLAs of the party in Telangana joined the movement for Statehood.
The TDP leader also assured that his party would extend political reservations and reservations in education and employment to Muslims in separate Telangana.
Former Home Minister T. Devender Goud wondered if there was a government in the State as organisations wanting to hold meetings did so with court permission every time.
Veteran Congress leader G. Venkatswamy deplored that the contribution of local population for the development of Hyderabad was sought to be snatched by outsiders.
The meeting adopted several resolutions, one of which sought professional, people friendly and law abiding police force in Telangana State. Congress MP Madhu Yaskhi Goud, Telangana Joint Action Committee convener C. Kodandaram and former Minister Basheeruddin Babu Khan also spoke.
Addressing a public meeting organised by Jamaat-e-Islami Hind on the Nizam College grounds here with permission granted by the Andhra Pradesh High Court, Mr. Rao felt Muslims would not be assured of social justice unless they got political reservation.
However, their experience in 53 years of unified State was bitter.
Mr. Rao assured that a special provision in Constitution would be invoked, as was done by Tamil Nadu government, to extend reservation to Muslims in education and employment.
They would get the reservations proportionate to their population which was 13 per cent to 15 per cent in Telangana.
The TRS chief also promised a budget for welfare of Muslims based on their population.
He appealed to the Muslims to shed self-defeatism and assert themselves in separate Telangana.
Earlier, Telugu Desam Party leader Nagam Janardhan Reddy faced an angry crowd demanding that party president N. Chandrababu Naidu spell out his stand on separate Telangana.
Mr. Reddy informed the crowd that it misunderstood Mr. Naidu and said it was with the latter’s permission that 39 MLAs of the party in Telangana joined the movement for Statehood.
The TDP leader also assured that his party would extend political reservations and reservations in education and employment to Muslims in separate Telangana.
Former Home Minister T. Devender Goud wondered if there was a government in the State as organisations wanting to hold meetings did so with court permission every time.
Veteran Congress leader G. Venkatswamy deplored that the contribution of local population for the development of Hyderabad was sought to be snatched by outsiders.
The meeting adopted several resolutions, one of which sought professional, people friendly and law abiding police force in Telangana State. Congress MP Madhu Yaskhi Goud, Telangana Joint Action Committee convener C. Kodandaram and former Minister Basheeruddin Babu Khan also spoke.
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Tuesday, February 2, 2010
Al Qaeda biggest killer of innocent muslims: Obama
Al Qaeda is the biggest killer of innocent muslims in the world, US President Barack Obama has said.
"I think it's important to understand that we are at war against a very specific group -- al Qaeda and its extremist allies that have metastasised around the globe, that would attack us, attack our allies, attack bases and embassies around the world, and most sadly, attack innocent people regardless of their backgrounds, regardless of their religions," Obama said yesterday in an interview to YouTube.
"Al Qaeda is probably the biggest killer of innocent muslims of any entity out there," said Mr Obama in his first ever interview to the YouTube as the US President.
"So that is our target and that is our focus. Now, they employ terrorist tactics, but we need to be clear about who our target is," he argued.
The US President said United States is having to fight terrorism on all fronts.
"We have to fight them in very concrete ways in Afghanistan and along the border regions of Pakistan where they are still holed up.
They have spread to places like Yemen and Somalia, and we are working internationally with partners to try to limit their scope of operations and dismantle them in those regions," he said
"I think it's important to understand that we are at war against a very specific group -- al Qaeda and its extremist allies that have metastasised around the globe, that would attack us, attack our allies, attack bases and embassies around the world, and most sadly, attack innocent people regardless of their backgrounds, regardless of their religions," Obama said yesterday in an interview to YouTube.
"Al Qaeda is probably the biggest killer of innocent muslims of any entity out there," said Mr Obama in his first ever interview to the YouTube as the US President.
"So that is our target and that is our focus. Now, they employ terrorist tactics, but we need to be clear about who our target is," he argued.
The US President said United States is having to fight terrorism on all fronts.
"We have to fight them in very concrete ways in Afghanistan and along the border regions of Pakistan where they are still holed up.
They have spread to places like Yemen and Somalia, and we are working internationally with partners to try to limit their scope of operations and dismantle them in those regions," he said
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Saturday, January 23, 2010
Many missing in Nigeria
At least 150 bodies have been recovered from a well in the flash-point northern Nigerian city of Jos where Muslim-Christian communal violence in the last few days has left nearly 400 dead.
The bodies were recovered from wells by Muslim volunteers who searched among destroyed buildings in the surrounding villages.
The government has strengthened security to protect the survivors of the four-day religious violence that left not less than 400 dead. 18,000 residents were displaced, according to the Red Cross.
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