Call for Assembly session to bring law on quota hike: K'taka Congress to Govt
Raichur, Oct 21: With the BJP government in Karnataka deciding on the ordinance route for SC/ST quota hike in the State, Opposition Congress on Friday urged it to convene a special legislature session to enact a legislation to this effect and then take it to the Centre for constitutional amendment.
Otherwise, the decision on the hike in reservation would seem like an eyewash ahead of the Assembly election next year, the Congress said.
"At present the reservation in the state is 50 per cent, now with this increase it will go up to 56 per cent, also 10 per cent has been given to economically weaker sections, it will be a total 66 per cent. For this reservation to sustain, it has to be given legal protection through a constitutional amendment by including it under the 9th schedule," said Leader of Opposition Siddaramaiah.
"They (BJP) have decided to bring in an ordinance, but my suggestion is call a special legislature session within a week; instead of passing an ordinance, pass an act. Your party (BJP) is in power at the Centre, go to Delhi, camp there and see to it that the act is included in the ninth schedule, to prove your commitment," he added.
The Karnataka Cabinet on Thursday decided to promulgate the ordinance increasing the SC/ST reservation after the Governor's assent. The ordinance would raise reservation for SCs from 15 to 17 per cent and for STs from 3 to 7 per cent.
This would take the total reservation tally to 56 per cent in the State, over the 50 per cent cap fixed by the Supreme Court.
Earlier, the government said it would recommend to the Centre to bring the SC/ST quota hike under the 9th Schedule of the Constitution to give it legal protection. But, today, the Law Minister J C Madhuswamy said the government would push for it, once it takes a decision on quota demands made by other communities.
Stating that he had doubts over the ruling BJP's commitment to reservation hike, Siddaramaiah said, "They were silent for 2.3 years, and under the pressure from Congress they decided to hike reservation quota for SC/STs, but now have decided to bring in an ordinance...Looks like BJP is trying for an eye wash ahead of election, so that they (tell) people they have done their bit..."
Once again urging the government to call for a special session for a day or two, he said, "Congress will wholeheartedly support the reservation hike bill, if it is introduced in the Assembly and in making it an act. Then take that act to the Centre and ask them to include it under the ninth schedule."
The hike is also being seen with a political prism, he said.
Responding to a question, the Congress Legislature Party leader, accompanied by State party chief D K Shivakumar and others, said the Bharat Jodo Yatra led by the Congress MP Rahul Gandhi would be fruitful.
"People are voluntarily participating and walking with Rahul Gandhi. This will help Congress in getting a majority hundred per cent in the next election," he added.
Let the Truth be known. If you read VB and like VB, please be a VB Supporter and Help us deliver the Truth to one and all.
SC dismisses pleas seeking review of 2023 verdict declining legal sanction to same-sex marriage
New Delhi, Jan 9: The Supreme Court on Thursday dismissed a batch of pleas seeking to review its October 2023 verdict declining legal sanction to same-sex marriage.
A five-judge bench of Justices B R Gavai, Surya Kant, B V Nagarathna, P S Narasimha and Dipankar Datta took up about 13 petitions related to the matter in chambers and dismissed them.
"We do not find any error apparent on the face of the record. We further find that the view expressed in both the judgements is in accordance with law and as such, no interference is warranted. Accordingly, the review petitions are dismissed," the bench said.
It said the judges have carefully gone through the judgements delivered by Justice (since retired) S Ravindra Bhat speaking for himself and for Justice (since retired) Hima Kohli as well as the concurring opinion expressed by Justice Pamidighantam Sri Narasimha, constituting the majority view.
The bench also rejected a prayer made in the review petitions for hearing in an open court.
According to practice, the review pleas are considered in chambers by the judges.
The new bench was constituted after Justice Sanjiv Khanna, the present CJI, recused from hearing the review petitions on July 10, 2024.
Notably, Justice P S Narasimha is the only member of the original Constitution bench comprising five judges which delivered the verdict, as former CJI D Y Chandrachud and Justices S K Kaul, Ravindra Bhat and Hima Kohli have retired.
A five-judge Constitution bench led by then CJI Chandrachud on October 17, 2024, refused to accord legal backing to same-sex marriages and held there was "no unqualified right" to marriage with the exception of those recognised by law.
The apex court, however, made a strong pitch for the rights of LGBTQIA++ persons so that they didn't face discrimination in accessing goods and services available to others, safe houses known as "garima greh" in all districts for shelter to members of the community facing harassment and violence, and dedicated hotlines in case of trouble.
In its judgement, the bench held transpersons in heterosexual relationships had the freedom and entitlement to marry under the existing statutory provisions.
It said an entitlement to legal recognition of the right to union, akin to marriage or civil union, or conferring legal status to the relationship could be only done through an "enacted law".
The five-judge Constitution bench delivered four separate verdicts on a batch of 21 petitions seeking legal sanction for same-sex marriages.
All five judges were unanimous in refusing the legal recognition to same-sex marriage under the Special Marriage Act and observed it was within Parliament's ambit to change the law for validating such a union.
While former CJI Chandrachud wrote a separate 247-page verdict, Justice Kaul penned a 17-page judgement where he broadly agreed with the former's views.
Justice Bhat, who authored an 89-page judgement for himself and Justice Kohli, disagreed with certain conclusions arrived at by the former CJI, including on applicability of adoption rules for such couples.
Justice Narasimha in his 13-page verdict was in complete agreement with the reasoning and conclusion of Justice Bhat.
The judges were unanimous in holding that queerness was a natural phenomenon and not an "urban or elite" notion.
In his judgement, the former CJI recorded Solicitor General Tushar Mehta's assurance of forming a committee chaired by the cabinet secretary to define and elucidate the scope of entitlements of such couples in a union.
The LGBTQIA++ rights activists, who won a major legal battle in 2018 in the Supreme Court, which decriminalised consensual gay sex, moved the apex court seeking validation of same-sex marriages and consequential reliefs such as rights to adoption, enrolment as parents in schools, opening of bank accounts and availing succession and insurance benefits.
Some of the petitioners sought the apex court to use its plenary power besides the "prestige and moral authority" to push the society to acknowledge such a union and ensure LGBTQIA++ persons led a "dignified" life like heterosexuals.
