Modi Masterstroke - Cabinet clears 10% reservation for economically backward upper castes

[kaykay]

It cannot be passed or implemented if the court rules that it violates the basic structure of the constitution. So there is no value to it but the 'jumla' value.



This is the bit that the BJP never gets, that their cleverest tricks have a habit of backfiring and biting them in the arse.

May or maynot be. Tamilnadu has 69% reservation and SC allowed it.

 

[Joe Shearer]

Would love to see if i am wrong mate , but i doubt it. the NDA has only 86 members in RS . They need 163.

They know it, the Congress knows it, they know the Congress knows it, the Congress knows that they know that the Congress knows it.....it's all for the hype.

And you career as a failed politician is certainly entertaining.

Don't miss lunch. Its just might be the most important thing you do today.

Isn't that more than you can say for yourself? Lunch trumps tea, right?

 

[Srinivas]

It cannot be passed or implemented if the court rules that it violates the basic structure of the constitution. So there is no value to it but the 'jumla' value.



This is the bit that the BJP never gets, that their cleverest tricks have a habit of backfiring and biting them in the arse.

I think political parties do not oppose this move, Congress is also supporting it.

State govts. like A.P, Gujarat are supporting the move to extend the quota beyond 50% for upper castes so BJP is likely to get the support in this, But it will take time.

 

[Joe Shearer]

I think political parties do not oppose this move, Congress is also supporting it.

State govts. like A.P, Gujarat are supporting the move to extend the quota beyond 50% for upper castes so BJP is likely to get the support in this, But it will take time.

<SIGH!>

• Are you aware that this is not a question of political support?
• Do you know that the Supreme Court, exercising its power of judicial review of legislation, can strike down any Act of Parliament?
• Do you know that the Supreme Court has already decided that the maximum quota for reservation cannot exceed 50% of the total seats?
• Do you realise that even if all the political parties agree, they cannot bring in legislation that violates the basic structure of the Constitution?

 

[padamchen]

<SIGH!>

• Are you aware that this is not a question of political support?
• Do you know that the Supreme Court, exercising its power of judicial review of legislation, can strike down any Act of Parliament?
• Do you know that the Supreme Court has already decided that the maximum quota for reservation cannot exceed 50% of the total seats?
• Do you realise that even if all the political parties agree, they cannot bring in legislation that violates the basic structure of the Constitution?

Are Parsis getting any reservations?

And I don't mean dinner or theatre ones either.

Serious question.

Time to get with the program bc.

@jbgt90 ???

I have this recurring dream of the fruit of the fruit of my loins becoming real doctors and saving hundreds of thousands of real lives in the real world so that @haman10 jan, @drmeson jan and @coffee_cup bhaijan can all retire easy.

Cheers, Doc

 

[Srinivas]

<SIGH!>

• Are you aware that this is not a question of political support?
• Do you know that the Supreme Court, exercising its power of judicial review of legislation, can strike down any Act of Parliament?
• Do you know that the Supreme Court has already decided that the maximum quota for reservation cannot exceed 50% of the total seats?
• Do you realise that even if all the political parties agree, they cannot bring in legislation that violates the basic structure of the Constitution?

There are many amendments done through parliament procedure, not every thing has to go through SC.
It is the parliament which is the main body which has to make laws.

 

[Joe Shearer]

There are many amendments done through parliament procedure, not every thing has to go through SC.
It is the parliament which is the main body which has to make laws.

Oh, really? I see! What a surprise!!

@jbgt90

I surrender.

PLEASE shoot me. Can it be done quickly, please?

 

[Sam.]

Oh, really? I see! What a surprise!!

@jbgt90

I surrender.

PLEASE shoot me. Can it be done quickly, please?

Article 15 clause 4
Article 16 clause 4

Those two need to be amended. Rest i have no idea how

 

[Kashmiri Pandit]

There is so much confusion.....

10% quota is for EWS among 25% of Indians as per my understanding because 75% Indians are reserved under 50% quota and all Indians under 40% unreserved category.

But politicians and media are confusing people with words.

 

[Khatri_pune]

<SIGH!>

• Are you aware that this is not a question of political support?
• Do you know that the Supreme Court, exercising its power of judicial review of legislation, can strike down any Act of Parliament?
• Do you know that the Supreme Court has already decided that the maximum quota for reservation cannot exceed 50% of the total seats?
• Do you realise that even if all the political parties agree, they cannot bring in legislation that violates the basic structure of the Constitution?

Sir do you remember Shabanoo case... What was SC ruling??? .... And what Congress did after that????

 

[Joe Shearer]

Sir do you remember Shabanoo case... What was SC ruling??? .... And what Congress did after that????

There is a huge difference between the Supreme Court delivering a judgement on a matter brought before it on general grounds, and its decision on a law passed that it believes does not satisfy the basic structure of the constitution.

I am writing this from memory.

The Shah Bano case was about a decision that the Congress took to appease orthodox clerical opinion among the Muslims, regarding the amount of maintenance payable to a divorced woman. It was brought up in court, and the court ruled that the government decision was wrong. The government lost. It then passed a law, covering specifically the issues raised by the Court, and claimed that they had addressed the concerns of the orthodox Muslims. The Court - the courts in general - undermined this law in a very smooth and subtle manner; divorcees were given the comparatively large sums they deserved, but apparently in perfect compliance with the law.

This was completely different from the Supreme Court ruling out a law passed by Parliament, where the Court believes that the 'basic structure' of the Constitution is affected. In no case can Parliament overturn that judgement, or pass a law undermining that judgement; such an undermining law will itself be struck down, once again.

No loophole.

 

[Soumitra]

Noting will come of this , this cant be passed in parliament as today is the last day of parliament for this govt term . so in effect this actually becomes a part of the BJP manifesto. This is noting more then an a branch with which they can entice their hardcore votebase.
It will end up being like the Mandir , always promised never delivered.

10% quota bill passed in loksabha 323 for, 3 against.

tomorrow RS will debate this.

All parties including congress have supported it

 

[Nilgiri]

I hate to praise my self , why dont you ask some of the members who met me here , @padamchen @Joe Shearer @Srinivas
But do tell me where you sell tea? would love to come have one.

LOL. Wth is all this haha. Cmon bud, lot of ppl aren't worth this attention in first place....granted it was funny to read (both of you hah).

our tea boy just quit

dat burn

 

[SrNair]

Oh, really? I see! What a surprise!!

@jbgt90

I surrender.

PLEASE shoot me. Can it be done quickly, please?

Correct me If I am wrong .
This one is a constitutional amendment with 2 /3 rd majority.
Supreme Court has limitation in this case .
And surely it will go to SC but Court cant scrap this amendment because Parliament is the Sovereign power.
Either Court had to allow or if they impose 50% cap then it will defintely eat up the current one reservation schemes of backward categories

 

[Soumitra]

Correct me If I am wrong .
This one is a constitutional amendment with 2 /3 rd majority.
Supreme Court has limitation in this case .
And surely it will go to SC but Court cant scrap this amendment because Parliament is the Sovereign power.
Either Court had to allow or if they impose 50% cap then it will defintely eat up the current one reservation schemes of backward categories

The govt clearly thinks that there are loopholes in the court order which can be overcome with a constitutional amendment.

If and when the law is challenged in the SC we will know how strong is the govt position.

Hopefully RS will pass it today. Then it needs the states to pass. That should be done by Jan end. Then let us see what happens