Wednesday, May 13, 2015

Supreme Court Decision

Supreme Court refuses to stop Centre from granting quota to Jats-NDTV-13.05.2015

New Delhi:  The Supreme Court today declined to stay the Centre's decision to grant reservations in government jobs and educational institutions to the Jat community.

The Top Court expressed its satisfaction with the documents submitted by the Centre in support of its decision to bring the Jats in the OBC list, and posted the matter for further hearing on May 1.

"Prime facie, we are satisfied with the material submitted by the government for providing reservations to Jats," Chief Justice P Sathasivam said.

The Supreme Court had on April 1 directed the Centre to turn over all the files pertaining to its decision to extend OBC quota to the Jats in seven states - Uttar Pradesh, Madhya Pradesh, Gujarat, Rajasthan, Haryana, Himachal Pradesh and Bihar.

In its petition, OBC Reservation Raksha Samiti had appealed to the Supreme Court  to quash the Jat quota announced by the Centre just before the polls,  and also argued that it was contrary to the recommendation of the National Commission for Backward Classes.

A few Jat organisations had, in the interregnum, filed a caveat, contending that  the Court should hear them also before passing any orders.

Quota for Jats is seen as the Congress' attempt to improve its poll prospects in nine states where the community has a strong presence - Gujarat, Haryana, Himachal Pradesh, Madhya Pradesh, Rajasthan, Uttar Pradesh, Delhi, Uttarakhand and Bihar. Congress leaders have assessed that over eight crore Jats in these states can be the deciding factor in at least 30 Lok Sabha constituencies.

The National Commission for Backward Classes had opposed a quota for Jats on grounds that the community cannot be classified as "backward" and such a move would deprive more deserving groups of central benefits. The proposal was still cleared at a special cabinet meeting on March 2 and notified on March 4, just a day before the announcement of Lok Sabha polls brought a model code of conduct into effect.
SC says no to politicians’ photos on government ads-The Hindu

The apex court, however, permitted the use of photographs of the President, Prime Minister and CJI in the advertisements.

In a historic judgment holding that taxpayers' money cannot be spent to build "personality cults" of political leaders, the Supreme Court on Wednesday restrained ruling parties from publishing photographs of political leaders or prominent persons in government-funded advertisements.
 
The apex court said such photos divert attention from the policy of the government, unnecessarily associate an individual with a government project and pave the way for cultivating a "personality cult".
As an exception to this general rule, the court held that the photos of only three constitutional authorities - Prime Minister, President and Chief Justice of India - can be used in such ads. But for that too, the personal approval of these three authorities need to be got before publication.
 
The judgment by a bench of justices Ranjan Gogoi and N.V. Ramana came on the basis of a series of recommendations given by its own committee led by noted legal academcian N.S. Madhava Menon on introducing checks on government-funded ads.
The committee was formed in April 2014 on a PIL filed by NGO Common Cause had argued that ruling party leaders and ministers were taking undue advantage at public expenses.
 
The Menon panel had recommended a complete ban on publishing of photos in the ads. It had further said that no ads should be allowed on election eve.
In his verdict, Justice Gogoi modifies the recommendation on four counts.
 
One, instead of a complete ban on publishing of photos of all individuals, it departs to the extent of saying that pictures of PM, President and CJI can be used provided they personally clear it - thus, in a way, making them also accountable for the publication.
Two, the court improvises on the Menon committee recommendations to direct the government to appoint a three-member Ombudsman body of persons with "unimpeachable integrity".
Three, the bench disagrees with the Menon panel's suggestion for a performance audit on such government ads.
Four, the court said there was no need for a curb on government ads on election eve. However, it said such ads should be given with fairness and even dispensation to the media.
 
 

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