Pleas in SC against 10% quota for EWS

The Supreme Court said on July 30 that it would decide whether the pleas challenging the Centre’s decision to grant 10 per cent reservation in jobs and admissions to candidates of economically weaker sections (EWS) are to be referred to a constitution bench for adjudication.

A bench headed by Justice S.A. Bobde observed that reservation is an exception to the concept of equality and it is “intended to achieve equality of opportunity”.

The bench, also comprising Justices R. Subhash Reddy and B.R. Gavai, was hearing a batch of pleas challenging the validity of Constitution (103 Amendment) Act, 2019 on the ground that economic criterion cannot be the sole basis for reservation.

The bench orally remarked that excessive quota may impact the right to equal opportunity guaranteed under the Constitution.

The Centre has come out with the constitutional amendment Bill giving quota benefits to economically weaker sections.

The apex court had earlier refused to stay the Centre’s decision to grant 10 per cent quota in jobs and admissions to economically weaker sections. However, the court had agreed to examine the validity of the law and issued a notice to the Centre on the pleas.

The Lok Sabha and the Rajya Sabha cleared the Bill on January 8 and 9 respectively, and it has been signed by President Ram Nath Kovind.

The quota will be over and above the existing 50 per cent reservation to Scheduled Castes, Scheduled Tribes and Other Backward Classes.

Constitutional provisions

Article 15(4): Empowers the government to make special provisions for advancement of backward classes.

Article 16(4): Makes a provision for the reservation of appointments or posts in favour of any backward class of citizens. Thus, two conditions have to be satisfied. 1. The class of citizens is backward. 2. The said class is not adequately represented.

Article 46: Promotes the educational and economic interests of SCs, STs and other weaker sections of society and protects them from social injustice and exploitation.

The 50% reservation limit

Senior advocate Gopal Shankaranarayanan, appearing for one of the petitioners, said that the overall 50 per cent ceiling limit of reservation cannot be breached. He argued that the Constitution (103 Amendment) Act says that 10 per cent quota to EWS would be in addition to the existing reservations, which mean that it would breach the ceiling.

In 1993, the Supreme Court in its Indra Sawhney judgment had capped caste-based reservation, ruling that “no provision of reservation or preference can be so vigorously pursued as to destroy the very concept of equality”. The limit could be exceeded only in compelling circumstances, it added.

However, in Tamil Nadu, the reservation is set at 69 per cent. The Assembly passed the Tamil Nadu Backward Classes, Scheduled Castes and Scheduled Tribes (Reservation of Seats in Educational Institutions and Appointments or Posts in the Services under the State) Act, 1993, to keep its reservation limit intact at 69 per cent. The law was subsequently included in the Ninth Schedule of the Constitution through the 76th Constitution Amendment passed by Parliament in 1994.

In its judgment upholding the Maratha quota, the Bombay High Court said it was aware the apex court has said reservation should not exceed 50 per cent. “However, in exceptional circumstances, the limit can be exceeded if it is based on quantifiable data,” the court said.

What the GI tag means for Odisha Rasagola

Odisha has bagged the much-awaited Geographical Indication (GI) tag for its rasagola - a syrupy confectionery made of cottage cheese.

The Registrar of Geographical Indications, Chennai, has issued a certificate registering the sweetmeat as Odisha Rasagola under the Geographical Indications of Goods (Registration and Protection) Act, 1999. The certificate will be valid till February 22, 2028.

A GI tag recognises a product as distinctive to a particular locality or region.

Since 2015, Odisha has been embroiled in a bitter battle over the origin of the delicacy with West Bengal, which had in 2017 secured the GI tag for Banglar Rasogolla.

The application for the GI tag for Odisha Rasagola was moved by Odisha Small Industries Corporation Limited, together with Utkal Mistanna Byabasayi Samiti (association of sweetmeat traders) in 2018.

Rasagola has been a part of the state’s centuries-old rituals performed for Lord Jagannath and found its mention in a 15th century Odia epic Dandi Ramayana.

As per the rituals of ‘Niladri Bije’, ‘rasagola bhoga’ is traditionally offered to Devi Lakshmi on behalf of Lord Jagannath.

Legendary writer Fakir Mohan Senapati had written about rasagola in Utkala Bhramanam, which was published way back in 1892.

The popularity of the confectionery can also be gauged from a travelogue written by Senapati in 1904.

Noted researcher Asit Mohanty, who had submitted a report to the government claiming that rasagola has been mentioned in ancient Odia literature, said people in the state had been relishing the sweetmeat for more than 500 years.

What is a Geographical Indication?

A Geographical Indication or a GI is an indication used on products that have a specific geographical origin and possess qualities or a reputation that are due to that origin.

Such a name conveys an assurance of quality and distinctiveness that is essentially attributable to its origin in that defined geographical locality.

The first product to get a GI tag in India was Darjeeling tea in 2004. There are more than 300 products from India that carry this indication. Mahabaleshwar Strawberry, Blue Pottery of Jaipur, Banarasi Sarees and Tirupati Laddus are some of the GIs.

GI products can benefit the rural economy in remote areas by supplementing the incomes of artisans, farmers, weavers and craftsmen.

Rural artisans possess unique skills and knowledge of traditional practices and methods, passed down from generation to generation, which need to be protected and promoted.

The commerce and industry ministry recently launched the logo and tagline for the GIs of India. It said that the GI will give the rightful share in the intellectual property to the artisan and the place of origin of the product.

The Department of Industrial Policy and Promotion has taken several initiatives and is actively involved in promotion and marketing of GIs with a vision to enhance the horizon both socially and economically for GI producers.

The Geographical Indications of Goods (Registration and Protection) Act, 1999, is a sui generis Act of Parliament for the protection of geographical indications in India.

The controller-general of patents, designs and trademarks appointed under the Trade Marks Act, 1999, shall be the registrar of GIs.