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Tag: unconstitutional

  • Reservation based on religion unconstitutional, says Amit Shah in poll-bound Karnataka

    Reservation based on religion unconstitutional, says Amit Shah in poll-bound Karnataka

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    Hubballi: Union Home Minister Amit Shah on Monday said reservation based on religion was unconstitutional, and asserted that the BJP would implement the quota formula adopted by Chief Minister Basavaraj Bommai-led government in Karnataka.

    He said BJP has given tickets for May 10 Assembly polls in Karnataka on merits of winnability, and not on the basis of majority or minority, and also nowhere a non-Lingayat candidate has replaced a Lingayat.

    Former Chief Minister Jagadish Shettar who recently quit BJP and joined Congress will not win the polls this time, Shah declared, as he pointed out that Hubballi-Dharwad has always voted for BJP.

    MS Education Academy

    “I want to assure the people of Karnataka that whatever formula of reservation that has been adopted by the Bommai government, we would implement it on the ground, including the sub category reservation (internal reservation) among the Dalits. This is our promise,” Shah said.

    Addressing a press conference here, he said reservation on the basis of religion was unconstitutional, and never would it have “permission” under the Constitution.

    About the reservation crossing 50 per cent, Shah said, “it has been challenged in the court, wait for its order.”

    Congress leaders are saying that they would once again bring in Muslim reservation. “I want to ask them with utmost humility as to whose would you reduce to bring it back? Whether you would reduce Vokkaligas or Lingayats or Dalits or STs. Congress will have to come out clear on this.”

    “Those Muslim community categories that are under OBC, we are ready to give them reservation even today and we are giving, but no one should be given reservation based on religion, it is the fundamental spirit of the Constitution,” he added.

    Just ahead of the announcement of polls in Karnataka, the State Cabinet led by Chief Minister Basavaraj Bommai had decided to scrap the four per cent reservation for Muslims under the Other Backward Classes (OBC) quota and to distribute it equally among the dominant Vokkaliga and Lingayat communities.

    Earlier, the government had decided to increase reservation for SCs from 15 per cent to 17 per cent and for STs from 3 per cent to 7 percent, taking the total reservation in Karnataka to 56 per cent, exceeding the 50 per cent cap, and recommended to the Centre to bring it under the Ninth Schedule of the Constitution.

    With a section of Scheduled Castes demanding internal reservation alleging that only a few influential sub-castes were taking away a majority of the benefits while many communities were still marginalised, the Cabinet had also made a recommendation in this regard to the Centre.

    Asserting that there is no single instance of a non-Lingayat being given a ticket replacing a Lingayat, Shah hit out at the Congress by asking as to what the party did for the community.

    “In their history, Congress made two Lingayats Chief Ministers, both were humiliated and removed, one was removed by Indira Gandhi, while the other was humiliated and removed from airport by Rajiv Gandhi, I’m speaking about Patil Saab (Veerendra Patil), Congress cannot speak on this,” he said, as he added that BJP respects all communities and try to take along everyone.

    Asked about family members of politicians getting tickets, while BJP accused JD(S) of parivarwaad (dynastic), the Union Minister said, unlike in JD(S), in BJP party president and Chief Ministers are not decided on the basis of the family. “Tell me someone who is not contesting polls in JD(S) family (Deve Gowda family), other than one or two.”

    “BJP is always against parivarwaad in the main system, at many places family members of party karyakartas may contest polls, but it doesn’t mean BJP follows parivarwaad,” he said.

    To a question on Muslims not getting tickets from BJP, he said, “Tickets were given on the basis of merits of winnability, we do not believe in the concept of majority or minority.”

    Responding to a question on Congress seeking support of Social Democratic Party of India (SDPI), Shah said Congress party earlier used to take the support of Popular Front of India (PFI); now that it has been banned, it is asking support of its SDPI which is the political wing. “For Congress, secure and safe Karnataka is not important, winning elections is important. BJP will not join hands with such parties.”

    Jagadish Shettar quitting BJP will cause no loss to the party, he said, adding that “Jagadish Shettar will lose the election, Hubballi has always voted for BJP not to any person. BJP workers are united….reason for him not being given the ticket was conveyed to him.”

    Jagadish Shettar is contesting from Hubballi Dharwad Central constituency as Congress candidate.

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    #Reservation #based #religion #unconstitutional #Amit #Shah #pollbound #Karnataka

    ( With inputs from www.siasat.com )

  • Judge rules DeSantis’ ouster of prosecutor was unconstitutional but upholds suspension

    Judge rules DeSantis’ ouster of prosecutor was unconstitutional but upholds suspension

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    prosecutor suspended florida 67424

    Hinkle rejected DeSantis’ argument.

    “Florida Governor Ron DeSantis suspended elected State Attorney Andrew H. Warren, ostensibly on the ground that Mr. Warren had blanket policies not to prosecute certain kinds of cases,” read the order. “The allegation was false.”

    Hinkle said Warren’s office had a policy of using “prosecutorial discretion” in all cases, including those involving abortion.

    “Any reasonable investigation would have confirmed this,” Hinkle wrote.

    The judge conceded, though, that he didn’t have the authority to reinstate Warren to his position.

    DeSantis’ office hailed the ruling was a victory, focusing primarily on Hinkle upholding Warren’s suspension.

    “Today, Judge Hinkle upheld @GovRonDeSantis’ decision to suspend Andrew Warren from office for neglect of duty and incompetence,” DeSantis’ Communications Director Taryn Fenske said.

    DeSantis replaced Warren with Susan Lopez, who previously served as a judge in the Tampa area.

    During a brief press conference Friday after the ruling, Warren declined to say what his next move would be but told reporters “this is not over.”

    He said the governor should now rescind his suspension and let him return to office.

    “Let’s see if the governor actually believes in the rule of law. … let’s see what kind of man the governor actually is,” Warren said.

    DeSantis began eyeing Warren after the governor in late 2021 asked his public safety czar, Larry Keefe, to see whether Florida had any “reform prosecutors,” a term generally associated with progressive prosecutors who pursue criminal justice reforms. When he ran for Hillsborough state attorney, Warren vowed to reduce recidivism, among other things.

    “Mr. Keefe made some calls to acquaintances and quickly identified Mr. Warren as the Florida prosecutor who had taken the mantle of a reform prosecutor,” read Hinkle’s opinion.

    In his ruling, Hinkle also highlighted testimony from Fenske centered on how the communications office handled the announcement that DeSantis was suspending Warren. The night before DeSantis held the Aug. 4 high-profile press conference to suspend Warren through executive order, former administration press secretary Christina Pushaw tweeted: “Get some rest tonight” and “[p]repare for the liberal media meltdown of the year.”

    During trial, Fenske testified that Pushaw was admonished for the tweets, but Hinkle says he “does not credit” the testimony because Pushaw was tweeting about the suspension again the next day.

    “Ms. Pushaw tweeted an equally partisan, unprofessional message about this the next night, after purportedly being admonished,” he wrote. “And in any event, any admonishment was about tone, not substance.”

    As justification for the suspension, DeSantis’ legal team also brought up former GOP Gov. Rick Scott’s 2017 decision to reassign death penalty-eligible cases from Aramis Ayala, the former state attorney for Orange and Osceola counties, after she said she would never pursue the death penalty even in cases that “absolutely deserve the death penalty.”

    In his ruling, Hinkle noted no one ever suggested removing Ayala from office, and that Warren never made similar statements.

    “Quite the contrary,” Hinkle wrote. “[Warren] said repeatedly that discretion would be exercised at every state of the case.”

    The issue now could go before the Florida Senate, which is responsible for removing from office officials who have been suspended by the governor.

    The issue is currently on hold in the Senate until the legal proceedings are resolved, including any potential appeals.

    Senate President Kathleen Passidomo (R-Naples) sent a memo to her members Friday morning after the Hinkle ruling telling them the issue isn’t completed.

    “As such, the matter of Mr. Warren’s reinstatement or removal from office by the Florida Senate appellate remedies have been exhausted,” she wrote.

    Gary Fineout contributed to this report.

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    #Judge #rules #DeSantis #ouster #prosecutor #unconstitutional #upholds #suspension
    ( With inputs from : www.politico.com )