Tag Archives: Union government

MHA asks States to allow unhindered movement of persons and goods and services during Unlock-3

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Restrictions at local level imposed by District Administrations or by State Governments is violation of MHA guidelines under DMA, 2005 provisions

New Delhi: The Centre has asked the States that there should be no restrictions imposed on inter-State and intra-State movement of persons and goods and services during the present prevailing Unlock-3 guidelines.

In a communication to Chief Secretaries of all States today, the Union Ministry of Home Affairs (MHA) has stated that it has been reported that local level restrictions on movement are being imposed by various districts/States.  Such restrictions are creating problems in inter-State movement of goods and services and are impacting the supply chain, resulting in disruption of economic activities and employment, besides affecting supply of goods and services.

The MHA has said such restrictions at local level imposed by District Administrations or by States, amount to violation of the guidelines issued by the MHA under the provisions of the Disaster Management Act, 2005.

Drawing attention to the MHA’s Order dated July 29, 2020 specifying Guidelines for Unlock-3, the communication reiterates that there shall be no restriction on inter-State and Intra-State movement of persons and goods. No separate permission/ approval/ e-permit will be required for such movements.  This includes movement of persons and goods for cross land border trade under Treaties with neighbouring countries.

Supreme Court allows Central Government to provide reservation in promotion for SCs and STs till issue is disposed off by Constitution Bench

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New Delhi: A vacation Bench of the Supreme Court today issued an order allowing the Government of India to provide reservation in promotion to the Scheduled Caste and Scheduled Tribe employees till the issue linked with conditions prescribed by the Supreme Court in the M Nagaraj case of 2006 is settled by the Constitution Bench.

Today’s decision, in response to an appeal by the Union Government against an order of the High Court of Delhi, was taken by the vacation Bench of the Supreme Court, comprising of Justices Adarsh Kumar Goel and Ashok Bhushan.

Today’s order by the Supreme Court categorically allows only the Union Government to provide reservation in promotion for SC/ST employee as per law, till the issue is disposed off by the Constitution bench. The law in this matter has been established by the 2006 Supreme Court judgement in the M Nagraj case. The apex court order of 2006 is the law of the land as the Constitution Bench is yet to commence hearing in this matter. It is also significant that no stay had been granted with regard to the order of the High Court of Delhi against which the Government of India went in appeal. On the other hand, a stay already has been granted by the apex court in the reservation in promotion matter relating to Madhya Pradesh. This case is before the Supreme Court since the State Government went in appeal against the Jabalpur High Court order of 30 April 2016, declaring as null and void the MP Government provision for reservation in promotion. Hence today’s Supreme Court order will not have any implication vis-a-vis Madhya Pradesh.

The High Court of Delhi, on 23 August 2017, had quashed and set aside an Office Memorandum (OM) issued by the Department of Personnel and Training on 13 August, 1997 asking all Government of India ministries, departments, their subordinate offices, public sector undertakings and statutory bodies to continue the reservation in promotion for the Scheduled Castes and the Scheduled Tribes in the service posts under the Central Government beyond 15 November 1997 till such time as the representation of each of the above two categories reaches the prescribed percentage of reservation whereafter the reservation in promotion shall continue to maintain the representation to the extent of prescribed percentages for the respective categories in pursuance of Article 16(4A).

The judgement by a two judge Bench, comprising the acting Chief Justice and Justice C. Hari Shankar of the Delhi High Court had come in response to a petition by the All India Equality Forum and others versus the Union of India.

The High Court order underscored that the Central Government, in its counter affidavit, did not disclose that the requisite exercise of collecting quantifiable data and determining the aspects of backwardness, inadequacy of representation and overall efficiency of the administration was ever undertaken before “blindly” extending the provision for reservation, in promotion, favoring SCs and STs.

The Supreme Court on 15 November 2017 took the decision to consider whether it’s 2006 judgment in the M Nagraj case dealing with the issue of application of the “creamy layer” for reservation to Scheduled Castes (SC) and Scheduled Tribes (ST) categories in promotion in government jobs needs to be revisited.

A Supreme Court bench of Chief Justice Dipak Misra and comprising justices AK Sikri and Ashok Bhushan stated that it was not going into the correctness of the verdict. It ordered that a five-judge Constitution bench will examine the limited issue whether or not the 2006 verdict in M Nagaraj and others versus the Union of India case was required to be re-looked at.

The 15 November 2017 decision of the Supreme Court came after a five-judge Bench of the Supreme Court had already validated the Judgement in the M Nagaraj case.

A five Judge Constitution Bench of the Supreme Court had passed an order four years ago reiterating that the concept of creamy layer and the compelling reasons, namely, backwardness, inadequacy of representation and overall administrative efficiency are all constitutional requirements without which the structure of equality of opportunity in Article 16 would collapse.

Politics is the art of deception

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modiNew Delhi : The debate of ruling government versus opposition has reached its boiling point wherein there are no holds barred in war of words and deeds between BJP and Congress. Elections forced Congress to vacate the centre and paved way for a promise-laden Modi-led BJP’s NDA Union government. However, while Congress wore the crown of thorns…oops scams, BJP has managed to adorn its crowning glory with jumlas, degree rows and miscalculated promises.

Result – Congress President Sonia Gandhi, while addressing a Congress Working Committee (CWC) meeting this Tuesday, called Prime Minister Narendra Modi as a leader who made “Hawabaazi” (read empty hollow promises). She highlighted that Modi government has failed abysmally and stated evidence in support of her words – U-turn on land acquisition, downward slide of Indian economy, failure of Make In India’s job creation effort, total indecisiveness and random fluctuations on Pakistan policy, rewriting history by defaming Nehru and his clan, repression of media and being an RSS-controlled government (Rashtriya Swayam Sevak Sangh).

Immediately, Minister of HRD Smriti Irani mounted a counter attack on Congress President and  Vice-President. Speaking on the Mother-Son duo,  Irani stated that Sonia Gandhi was attacking Modi just because Congress wanted to cover up its own failures.  Rahul Gandhi is the real Hawabaaz, said Irani, referring to Amethi land row, and added that Rahul was pretending to become the messiah of farmers. Irani accused Congress of emptying the coffers of government via innumerable larger-than-life scams.

To this, Veteran Congress Leader Ghulam Nabi Azad reacted saying, those without degrees could become Ministers and MPs, thanks to Congress contribution – which brought independence and democracy. Other spokespersons from Congress maintained that Irani should first come clean  on her fake degree scam and then speak on Sonia matters.

A blog written by senior Congress Leader Manishankar Aiyar highlighted the U-turn on Land ordinance. Referring to the original Land Bill passed by Congress-led UPA in 2013, Aiyar recalled how Sumitra Mahajan and Arun Jaitely, the present Lok Sabha Speaker and present Finance Minister, respectively, themselves sat through the entire bill-making process and validated it. Then, when BJP came into power, how these very own politicians joined the chorus of criticizing the 2013 Bill as anti-farmer and made amendments and imposed it via ordinance route. Aiyar smelled a Gujarat Model redo in centre on the recent lapse of Land ordinance. Aiyar claimed that Land ordinance was in total support of industrialists and resulted in farmers getting sidelined and financially being rooted out in the bargain.

NDA government’s U-turn and decision of not going forward with the ordinance and letting it lapse, conveys the dilemma of ruling union government. Connecting the dots, one reaches to the Patel reservation demand, which initiated from Modi-land Gujarat and is threatening to spread nationally, thanks to Hardik Patel. Can the land ordinance (imposed forcefully after NDA takeover in centre) be held responsible for threatening uncertainties in agriculture professionals, resulting in fear of joblessness and forcing them to demand reservation even via protests and agitations, is a point to ponder. Because, the same Land Bill which was criticized by one and all from ruling government stands accepted today by the very same government. All this is fueling the raging debate of Modi government having fallen flat on its face on promises, and lacking in deliverance.