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February 22, 2019
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103rd CONSTITUTIONAL AMENDMENT ACT, 2018 “Economic Reservation in India” Highlights and Analysis)

in Delhi by

By Advocate Shubham Borkar

A big 10 %  of all government jobs and college seats will now have a reservation for people outside high income brackets as President Ram Nath Kovind cleared 124th Constitutional Amendment bill passed by parliament this week. Some call it a landmark achievement of Prime Minister Narendra Modi, others call it a pre-election gimmick of the ruling party, which is trying to do anything and everything that is possible to retain its power in the 2019 Loksabha Elections. In this Article we are not judging the motives behind the Amendments and would be limiting our discussion to the legal points only i.e. Highlights of the Amendment, Analysis of the same and the constitutional validity of the Reservation Criterion

HIGHLIGHTS OF THE ACT

  • The Constitutional (103rd Amendment) Act got the assent of President of India on 13th January, 2018. The bill was passed in Lok Sabha by 323 members voting in favor and 3 members against the bill. It was subsequently passed by Rajya Sabha with 165 members in the favor and only 7 members against the bill.
  • It provides reservation of jobs in central government jobs as well as government educational institutions. It is also applicable on admissions to private higher educational institutions.  
  • It applies to citizens belonging to the economically weaker sections from the upper castes.
  • This reservation is “in addition to the existing reservations and subject to a maximum of ten per cent of the total seats in each category”. 
  • The Statement of Objects and Reasons of the Bill states that people from economically weaker sections of the society have largely remained excluded from attending the higher educational institutions and public employment on account of their financial incapacity to compete with the persons who are economically more privileged.
  • The bill states that it is drafted with a will to mandate Article 46 of the Constitution of India, a Directive Principle that urges the government to protect the educational and economic interests of the weaker sections of society. While socially disadvantaged sections have enjoyed participation in the employment in the services of the state, no such benefit was provided to the economically weaker sections.

AMENDED ARTICLES

  • Article 15 (6) is added to provide reservations to economically weaker sections for admission to educational institutions including private educational institutions, whether aided or unaided by the State, other than the minority educational institutions referred to in clause (1) of Article 30. The amendment aims to provide reservation to those who do not fall in 15 (5) and 15(4) (effectively, SCs, STs and OBCs).
  •  Article 16 (6) is added to provide reservations to people from economically weaker sections in government posts.
  • An explanation states that “economic weakness” shall be decided on the basis of “family income” and other “indicators of economic disadvantage.”

ANALYSIS

Constitutionality of Constitutional (103rd Amendment) Act, 2018

As the constitution stands amended, the only constitutional challenge left is conformity to the basic structure doctrine. So far, it has become an established principle that reservation shall have a cap of 50%.  These stipulations first arose in M.R Balaji v. State of Mysore[1] when court stated that reservation above 50% would imply dominance over section 16(1). The government notification providing 10% reservation to weaker economic sections of society was struck down in Indra Sawhney v. UOI[2]. However, it is noteworthy that these rulings were given in relation to a law or subordinate legislation and have never been discarded in violation of Basic Structure Doctrine. Moreover, the amendment only provides reservation to the extent of 10%. , however, the existing articles 15(4), 15(5) and 16(4) do not mention that reservation shall be 50% explicitly, by way of legislation. Consequently, any challenge pertaining to violation of basic structure does not seem to have a stand.

A writ petition has been filed by Youth for Equality contending that 103rd amendment violates the basis structure doctrine. Economic reservation finds its ground in terms of equality. It is difficult to see how economic reservation damages or destroys the concept of equality, and consequently Basic Structure. Therefore, the fact how equality and social justice is presently understood in Constitution, shall be no ground for striking it down while I agree that the 103rd amendment has created a logical mess and had put group determine, social and educational backwardness at war by inclusion of article 15 (6) and 16 (6).


[1] M.R Balaji v. State of Mysore, 1963 AIR 649.

[2] Indra Sawhney v. Union of India, AIR 1993 SC 477.

Maha Vishnu Trilogy | The Code Of MANAVAS

in Delhi by

Maha Vishnu Purana Trilogy is a story about the end of the world and the universe. The highly evolved Manavas have to accept the fact that nothing can last forever. Initially, they use their wisdom and ingenuity to create safe worlds for themselves. But, eventually they will have to face the Lord of the Universes – Maha Vishnu himself. They will get to know why was the world created and who upholds its. And, they will also have some choices to make. Either to hold on to their beautiful yet fabricated world or let the Universe (Multi-Verse) complete its course of generation and re-generation.

More about Part I – The Code of Manavas

The first part tracks the life and story of a solitary scientist who holds the key to saving the Manava society. He can see a rerun of the earlier apocalypse happening anytime now. Just that, this time it would be completely devastating in nature. His work has now proved beyond doubt that their current Universe has no other place/planet, where any life form can bloom. He is placing all his bet on opening Omechta realms, a key to reaching newer and younger Universes.

Amid all these preparation and challenges, arises an ancient force of evil. Kamsa, born out of relentless greed and Kama (desire) has his own version of rights and wrongs.

The current crisis requires the two conflicting civilizations of Madhavpur & Ayudhpur to come together, and fight the common foe. With Ayudhpur again on talking terms with Krishna’s Madhavpur, he now has more stuff to deal with. His past. His long lost love, Radhika (who happens to be daughter of Ayudhpur’s King). The fate it seems has not only reunited Ayudhpur and Madhavpur but also Krishna and Radhika. Only problem, Krishna has now to work on a war footing to get every last person out of Bhoomi to Prithvi on Universe 1408.

The apocalypse finally starts setting in; one earthquake after another is now ravaging Bhoomi. Along with it all, the Power stations powering the Brahmportation machines are also caving in.

Was Krishna able to save his people? Were Manava able to find a new place to call it their Home?

The Story continues in yet to be released Part II & III.

About The Author

Arpit Bakshi has earned his Master’s degree in Business Administration from prestigious University of RPI, Troy (State of New York) and now works for a prominent Bank in Gurgaon.

It is often said that no matter at what place or stage of life you are at, there is always that one thing which keeps passion kindled in one’s heart. For Arpit that always has been science.

At very young age, Arpit would often sit with his grandfather and his grandfather would read him aloud stories of Russian space programs and other fact books pertaining to cosmos and nature of matter and materials.

Arpit started writing his first book in 2012, then tentatively named as Café Evolution, about the Humans of tomorrow. The basic idea cropped up in his mind, when he was still in US. When he saw and observed that chemicals (food additives etc.) in our food chain were making people chronically sick. How large-scale industrial farming and rearing was depleting nature of its life sustaining nutrition.

What will happen if we humans go about intervening with nature, even in future, as we do today? What will happen if we keep taking our resources such as food, water and clean air for granted, as we do today. Also, what if Earth was only place in known Universe, which was made to host Life. What then happens to our plan to colonize other planets like Mars, when earth finally runs out of good food, water and air?

What if we later realize that God placed us on this planet to improve it and not to deplete it for material comfort?

These were the question will lead Arpit to embark on this journey of writing his first fiction book.

TAPMI’s inter B-school fest ‘Atharva’ concludes

in Delhi by
atharva

T. A. Pai Management Institute’s annual three-day inter-B school fest, ‘Atharva’ recently concluded at their campus. This flagship event is a competitive platform for serious festing across all the major Business Domains i.e. Finance, Human Resources, Marketing, Entrepreneurship, and Analytics.


‘Atharva’ began as Hill Fest in the year 1986 as an intra-TAPMI event which then transformed into an inter-B school fest. This three-day event which has always provided an opportunity to mingle with corporate heads, aspiring business leaders and lock horns with the best, has both knowledge and fun in equal doses with a pinch of healthy competition and a dash of zesty enthusiasm.


Currently, into its 32nd year, Atharva has consistently attracted participation from over 4000 participants across some of the Top-Ranking B-Schools like the IIMs, IITs, MICA, SIBM, NMIMS to name a few and partner itself with various corporates.


This edition of ‘Atharva’ witnessed students battling out in competitions like: Young Business Leader sponsored by Bombay Stock Exchange; J.A.R.V.I.S., the analytics event was sponsored by HBR Ascend who were also our Career Development Partners; Sankalp, the B- Plan event was sponsored by Sparx; Ace the Case, the case study event was sponsored by
Helios; and Nexus which was the Panel Discussion session of our esteemed judges and guests.

The Chief Guest of the event Mr. Nishant Gaharwar, Head HR Hotstar said,“ Customers have become very demanding and to keep them, you have to deliver according to their clock.”
Mr. Sanjeev Bhatia, CFO PC Jeweller during Nexus said,” The game changer is acquiring customers when they’re younger as then, they stay invested longer in the brand.”

About TAPMI 

The student city of Manipal, Karnataka plays host to the T. A. Pai
Management Institute, fondly called TAPMI
. With academic rigour and experiential learning as its core, TAPMI’s Post Graduate Diploma in Management programs (PGDM) are approved by the All India Council for Technical Education (AICTE) and internationally accredited by AACSB. This year, new PGDM programs in Human Resources (HR) are being launched by the institute and are awaiting regulatory approval.

Pradip Burman: A Courageous Personality to Take Huge Initiative

in Delhi by

Don’t you think our world needs more greenery? If yes, have you taken any initiative yet? Probably, a No! To be truthful it takes a big heart to choose to become a part of the greener earth. Pradip Burman, a known name has always taken every single step to make our nature a better place to live in. Collaborating with his Mobius Foundation, he started the Project Sanjeevani which is a huge initiative. The mission of this project is to create a Greener place along with launching the Vermi compost factory in Chidana village.

Mobius Foundation has previously taken numerous initiatives by launching different programs throughout the nation. The prime agenda of the movement made by this foundation is to educate the students to create a safer environment. The entire idea is taken from Pradip Burman who is the core person of this foundation.

The project Sanjeevani mainly focuses on rebuilding the green. Where the world is running after making high-end constructions by pulling off the trees from the ground, Pradip Burman is taking the initiative to plant more trees. The reality is trees are the main aspects that hold the ground firmly and the reason for calamity is due to taking away trees from the ground. Since he understands the adversity, he is always ready to take even the smallest of efforts to reduce the adversity.

Pradip Burman is born in the family of philanthropist and innovators and therefore he has the qualities of his family. Dr, S. K Burman, who is the founder of Dabur is the grandfather of Pradip Burman and presently he is a part of the Dabur Nepal Pvt Limited. He is also associated in different other companies. His successful professional life is a reflection of his upbringing and educational life. Not only he is successful in accomplishing his goals in the corporate world, but also he is equally successful as a social worker. His initiative also lies in develop the rural areas as well without degrading the environment condition. Being such a great personality, his down to earth behaviour has made him an inspiring for various people.

Pradip Burman – An environmentalist

in Pradip Burman by
pradip-burman-adarsh-gram

Pradip Burman is innovators and philanthropists. Pradip Burman he great-grandson of the founder of Dabur, Dr. S.K Burman. He is currently Chairman of Sanat Products Ltd., is an emerging innovation-driven pharmaceutical company. He is also the Founder Chairman of Ayurvet Ltd. and AGES Ltd.

He is the chairman of the Mobius Foundation, a non-profit organization working for education, sustainability and the protection of the environment. Pradip Burman has stressed a lot on the saving the environment. He has been launching many plantation drives and has actively taken part in other social activity. In a recent interview given to Times of India, he has raised serious concerns regarding the climate change issues. He said “Climate change is mostly due to consumption patterns and lifestyles. The population explosion stretches the limited resources for health care. Non- renewable resources, like oil and minerals, will be finished. The planet cannot support the current lifestyles”.

He also has a special message for all the people as he believes that this cannot be one person work. He is making small steps towards this. When he was asked about any message for the people, he said ” We ought to be aware of what lies ahead of us. Soon, we will finish oil, iron, tin, and coal, and our next generations will be left with NOTHING. We must understand that small steps taken today, can make a  big difference for the future. Recycling, avoiding plastic,  and shunning deforestation for the paper should become a part of everyone’s lifestyle.”

He also has a clear vision regarding the use of plastics. He said that people should try to reuse the plastic items and they should be recycled efficiently.

In order to promote the awareness, Mobius foundation is going to host a conference on Sustainability. The 2019 International Conference on Sustainability Education (ICSE 2019) aims to bring together environmental activists, practitioners of sustainable development as well as climate change experts to help develop a sustainability-focused curriculum.

In his journey, Pradip Burman has been a beacon of hope for millions, motivating many to join the movement for sustainability. Times Delhi wish he continues his tireless efforts for promoting sustainability awareness and inspire generations to come.

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