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Review petition filed against Supreme Court judgment upholding Centreโ€™s decision on EWS

SC Supreme Court Dalit

New Delhi: A review petition has been filed in the Supreme Court against the judgement upholding the Centreโ€™s decision on EWS issues by the Madhya Pradesh Congress leader.
The review plea has been filed by Jaya Thakur who is the General Secretary of MP Mahila Congress. In the petition, the petitioner has sought to review the order dated November 7, 2022. The five-judge Constitution bench by a majority of 3:2 had upheld the validity of the Constitutionโ€™s 103rd Amendment Act which provides 10 per cent EWS reservation in educational institutions and government jobs.
The Constitutional validity of the 103rd Amendment of the Constitution Act, 2019 was challenged before the top court and five-judge bench decided on this issue by way of four separate judgments with different reasoning.
Three judgments upheld the 103rd Amendment of the Constitution Act, 2019 by passing the three different judgments with different reasoning. But one judgement passed by justice Ravindra Bhat along with the Chief Justice of India held that the 103rd Amendment of the Constitution (One Hundred and Third Amendment) Act, 2019 is to violate the basic structure of the Constitution on the ground of equality, especially the exclusion of the OBC/SC/ST.
Justice Ravindra Bhatโ€™s view regarding the limitation of 50 pc is open because one of the constitutional amendments is still pending consideration and is still open.

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The petitioner said that the impugned constitutional amendments are ultra vires as they alter the basic structure of the Constitution of India.
โ€œIn the present amendment, OBC/SC/ST are not entitled to take the benefits of the reservation. This is in violation of Articles 14 and 16 of the Constitution of India,โ€ the petitioner said.
โ€œBecause the expression, `for any other sufficient reason in the clause has been given an expanded meaning and a decree or order passed under a misapprehension of the true state of circumstances has been held to be sufficient ground to exercise the power.โ€
The Court further held that the purpose of the review is the rectification of an order which stems from the fundamental principle that justice is above all. It is exercised only to correct the error which has occurred by some accident without any blame,โ€ the plea said.
Therefore, the petitioner prayed to review the November 7, 2022 order passed by Justice Dinesh Maheshwari, Justice Bela M Trivedi and Justice J.B. Pardiwala.

(Except for the headline, this story has not been edited by HW News staff and is published from a syndicated feed.)

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Assam govt wants CBI probe in border firing incident

ANI
cbi

Shillong: The Assam government has requested the Central government for a CBI probe into the firing incident in the Mukroh area along the Assam-Meghalaya border, Assam minister Jayanta Mallabaruah said on Wednesday.

The CBI probe demand comes a day after six people were killed in the firing incident in the Mukroh area along the Assam-Meghalaya border. โ€œTotal six persons including five from Meghalaya and one Assam Forest Guard killed in the incident,โ€ Meghalaya Chief Minister Conrad Sangma said.

Describing the incident, Sangma said, โ€œAn unfortunate incident occurred at Mukroh village in which six persons died due to firing by Assam Police and Assam forest guards. I want to express my deepest condolences. An inquest was conducted and Meghalaya Police registered FIR. As per the reports, a truck carrying timber was pursued by the Assam forest guards with the Assam Police and was detained by the Assam Police and Assam Forest Guards. On hearing this, people from Mukroh village gathered in large numbers and surrounded the Assam Police and forest guards.โ€

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Meghalaya government also suspended the mobile internet services in 7 districts for 48 hours from November 22 onwards, following the firing incident in Mukroh.

Meanwhile, Assam Congress has alleged that this was a โ€œdeliberate incidentโ€ and both Chief Ministers of Assam and Meghalaya were aware of it.

(Except for the headline, this story has not been edited by HW News staff and is published from a syndicated feed.)

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