logo
Tamil Nadu govt. urges Madras HC to exempt ‘Ungaludan Stalin' and ‘Nalam Kaakum Stalin' schemes from prohibitory order

Tamil Nadu govt. urges Madras HC to exempt ‘Ungaludan Stalin' and ‘Nalam Kaakum Stalin' schemes from prohibitory order

The Hindu3 days ago
The Tamil Nadu government has approached the Madras High Court urging it to clarify that its interim order prohibiting the use of the name of any living personality in the nomenclature of government schemes would not be applicable to 'Ungaludan Stalin' and 'Nalam Kaakum Stalin' schemes.
Chief Justice Manindra Mohan Shrivastava and Justice Sunder Mohan on Thursday (August 3, 2025) accepted a request made by Advocate General P.S. Raman for an early hearing of the modification petition since the Nalam Kaakum Stalin scheme was all set to be launched across the State on Saturday (August 2, 2025).
The judges said, the petition, if filed by Friday, would be taken up for hearing on Monday (August 4, 2025). Within a couple of hours, a modification plea was filed by the State government in the High Court Registry along with a detailed affidavit sworn by Public department secretary Reeta Harish Thakkar.
The affidavit said the public outreach programme titled 'Ungaludan Stalin' had been in operation for quite sometime now and even the public interest litigation petitioner C.Ve. Shanmugam, in whose case the interim order was passed, had not sought any ex-parte interim order against that scheme.
Similarly, a Government Order for the Nalam Kaakum Stalin scheme, aimed at taking healthcare to the doorsteps of the beneficiaries, was issued on June 3, 2025 itself, the Public Secretary said, and contended that only the launch was scheduled to be held on August 2, 2025 by conducting health camps in all districts.
Further, stating that the pamphlets, brochures, application forms and other related documents for the scheme had already been printed, Ms. Thakkar said, enormous efforts taken to launch the scheme on Saturday would go waste if the prohibitory interim order was made applicable to it.
'The scheme has been introduced in the name honourable Chief Minister who is a constitutional authority and it cannot be construed to have been introduced in the name of a political personality. Usage of photos of former Chief Ministers is also not expressly prohibited by the Supreme Court,' her affidavit read.
Stating that the government was prepared to contest the main PIL petition by filing a detailed counter affidavit, the secretary said: 'The present petition is being filed for the limited purpose of seeking clarification so that the order may not be applicable to the Nalam Kaakum Stalin scheme that is being launched tomorrow.'
Orange background

Try Our AI Features

Explore what Daily8 AI can do for you:

Comments

No comments yet...

Related Articles

Pollution Control Boards have power to impose restitutionary damages under Water, Air Acts, says Supreme Court
Pollution Control Boards have power to impose restitutionary damages under Water, Air Acts, says Supreme Court

The Hindu

time27 minutes ago

  • The Hindu

Pollution Control Boards have power to impose restitutionary damages under Water, Air Acts, says Supreme Court

The Supreme Court on Monday (August 4, 2025) gave Pollution Control Boards more teeth by declaring their power to impose and collect restitutionary damages to completely restore polluted air and waterbodies back to their original, pristine selves in an ecosystem. 'We direct that Pollution Control Boards can impose and collect as restitutionary and compensatory damages fixed sums of monies or require furnishing bank guarantees as an ex-ante measure towards potential environmental damage in exercise of powers under Sections 33A and 31A of the Water and Air Acts,' Justice P.S. Narasimha, who authored the judgment, held. The judgment came on an appeal filed by the Delhi Pollution Control Committee against a Delhi High Court decision that it was not empowered to levy compensatory damages in exercise of powers under Section 33A of the Water (Prevention and Control of Pollution) Act, 1974 and Section 31A of the Air (Prevention and Control of Pollution) Act, 1981. The Bench, also comprising Justice Manoj Misra, further directed that the power to impose or collect restitutionary or compensatory damages or the requirement to furnish bank guarantees as an ex-ante measure under the Water and Air Acts should be enforced only after issuing the necessary subordinate legislation in the form of rules and regulations under both statutes. The rules must incorporate the basic principles of natural justice. 'According to the polluter pays principle, the responsibility for repairing the damage is that of the offending industry… The focus has to be on restoration of the ecosystem as close and similar as possible to the specific one that was damaged,' Justice Narasimha observed. The judgment said the payment of restitutory damages was distinct from charging punitive damages. 'Bringing the culprits to face the proceedings is a different matter and restoration of the damage already done is a different matter,' the court distinguished. Enormous responsibilities Justice Narasimha held that the Pollution Control Boards had expansive powers and 'enormous responsibilities' under the Water Act and the Air Act. They had a broad statutory mandate to prevent, control and abate water and air pollution. The provisions under these statutes bestowed the Boards with the power to direct closure, prohibition or regulation of any industry, operation or process. Further, this power extended to directing the stoppage or regulation of supply of electricity, water or any other service. The laws allow the Boards significant flexibility in deciding the nature of directions. 'Our constitutionalism bears the hallmark of an expansive interpretation of fundamental rights. But such creative expansion is only a job half done if the depth of the remedies, consequent upon infringement, remain shallow. In other words, remedial jurisprudence must keep pace with expanding rights and regulatory challenges. It is not sufficient that courts adopt injunctory, mandatory and compensatory remedies… Remedial powers or restitutionary directives are a necessary concomitant of both the fundamental rights of citizens who suffer environmental wrongs and an equal concomitant of the duties of a statutory regulator,' Justice Narasimha wrote.

Report on Karnataka SC population presented to CM Siddaramiah, internal quota decision likely at cabinet meeting
Report on Karnataka SC population presented to CM Siddaramiah, internal quota decision likely at cabinet meeting

Indian Express

timean hour ago

  • Indian Express

Report on Karnataka SC population presented to CM Siddaramiah, internal quota decision likely at cabinet meeting

The Congress Government in Karnataka will take a decision on the findings of a survey report on the population of various subcastes in the Scheduled Caste community in the state in a Cabinet meeting on August 7, Chief Minister Siddaramaiah announced on Monday after receiving the survey report. In March, the Justice H N Nagamohan Das Commission recommended the survey of subcastes of Scheduled Castes to facilitate internal reservation among the Dalits in Karnataka. 'A report on the internal reservations has been given by Justice Nagamohan Das and his team. They met me today. We will place the report before the Cabinet in a meeting to be held on August 7,' Siddaramaiah said after meeting the commission. The survey was undertaken against the backdrop of the Supreme Court decision of August 1, 2024, allowing sub-categorisation of the SC community in the country to award internal quotas on the basis of the backwardness of the different Dalit communities. 'Sub-categorization is an extension of social justice. The state government has the power to grant internal reservations. Sub-categorization does not exclude anyone who is experiencing reservation. Necessary data should be collected and subspecies should be classified,' the state government said in a statement regarding the survey report. In January 2025, the Karnataka Government constituted a commission under the chairmanship of Justice H N Nagamohan Das to study and submit a report on the internal reservation for Scheduled Castes in the state. The commission submitted an interim report on March 27 and requested a fresh survey due to the lack of accurate data in the state. The door-to-door survey was conducted from May 5 to July 6, 2025. The survey has covered 27,24,768 Scheduled Caste families and 1,07,01,982 people, a report on the survey said. The survey reportedly received poor responses in urban areas. The Supreme Court has suggested classification of subcastes on the basis of educational backwardness, lack of representation in government employment, and social backwardness. 'The available reservation (15 per cent) has been distributed by classifying the sub-castes of the Scheduled Castes as per the instructions of the Supreme Court, after analyzing the data collected in the survey and collected from government institutions. The report, survey data, and appendices total approximately 1,766 pages and six recommendations,' the Justice Nagamohan Das Commission said on Monday. The survey has seen Scheduled Caste leaders calling for community members to clearly state their subcastes among the 101 SC castes in Karnataka. The survey of subcastes is part of efforts of the Congress Government to fulfil an electoral promise to provide internal reservations for socially weaker subcastes within the 15 per cent SC quota umbrella in the state. Nearly 43 per cent of respondents in the last census had designated themselves as belonging to the broad categories of Adi Dravida, Adi Karnataka, and Adi Andhra – without specifying which of the 101 SC subcastes – like Madigas, Holeyas and others – they belong to. Among those who have generally identified themselves under the broad SC umbrella of Adi Karnataka, Adi Andhra, and Adi Dravida – instead of the actual subcaste that designates aspects like touchability and untouchability in the Hindu caste system – are the street sweepers and garbage cleaners in urban areas in Karnataka. In Karnataka, the SC community is broadly classified under four heads – the SC Left (the most backward like the Madigas, who were considered untouchables in the caste system): the SC Right (like the Holeyas, who are less backward and accepted by other castes); the touchable communities such as Banjaras and Bhovis (who are tribes in other states); and dozens of small SC communities classified as others. The caste survey of SC communities is needed to ascertain the numbers in each of the subcastes under the broad SC categories to decide the division of the 15 per cent SC quota in government jobs, education, and political representation, which is now reportedly hogged by upwardly mobile social groups in the SCs – like the Holeyas in the SC Right, and the touchable groups of Banjaras and Bhovis. The Justice Nagamohan Das commission was set up in November 2024 by the Congress Government to submit recommendations on internal reservation for the SC communities in the wake of the previous BJP Government arriving at an ad hoc number. In its term between 2019 and March 2023, the BJP Government enhanced the SC quotas in the state from 15 to 17 per cent in 2022 and announced internal reservation for SC communities in March 2023 by providing 6 per cent of the total of 17 per cent of SC quotas to the SC Left group comprising mostly of the Madigas, 5.5 per cent to the SC Right, 4.5 per cent to the touchables and one per cent to other SC groups. The BJP Government fixed the internal quota on an ad hoc basis by considering the 2011 caste census numbers and by considering some aspects of the 2012 Justice A J Sadashiva Commission report on internal quotas – while rejecting the report. The most backward Dalit groups like the Madigas have been demanding the implementation of the Justice Sadashiva Commission report on account of the commission recommending 6 per cent for the most backward SC Left group, 5 per cent for the backward SC Right, 3 per cent for the SC 'Touchable' group (Lambani, Bhovis, Korachas, Kormas), and 1 per cent for others. Among the essential findings of the Justice A J Sadashiva Commission, which were made known through a press release in 2012, is that the Madiga community or the SC Left, who are considered untouchables in the caste hierarchy in India, were more socially backward than the SC Right like the Holeyas, who are considered more acceptable in society. The commission also found that the majority of the 15 per cent reservation for 101 subcastes of Dalits in Karnataka was being cornered by the 'Right' Dalits like Holeyas and new SC groups like Bhovis, Lambanis, while the most backward groups like the Madigas remained deprived. Holeyas and Madigas are considered to make up nearly one-third each of the SC population in Karnataka, with the numbers of the Madigas being about two per cent higher than that of Holeyas, the Justice Sadashiva Commission indicated in 2012 – based roughly on census data. The BJP scheme of 2022-23 was seen as a mid-way scheme from the Justice Sadashiva recommendations to appease all SC groups. The scheme, however, backfired to some extent with the touchable groups in the SCs like the Bhovis and Banjaras revolting against the BJP in the 2023 polls over the reduced internal quota of 4.5 per cent allotted to them. The BJP scheme was, however, not implemented since the mandate for changing internal quotas was vested with the Union Government prior to the August 2024 Supreme Court order, which said the granting of internal reservation is a constitutional measure and that states can implement internal quotas for castes on the basis of empirical data. The Karnataka Government decided in November 2024 not to issue any fresh notification for government jobs until the finalisation of the internal reservation system for SCs. The thinking in the Government while constituting the Justice Nagamohan Das Commission was that internal reservations for SCs based on population numbers – like in the Sadashiva Commission report – are likely to be struck down by the courts for want of proper data. 'In the wake of three decades of continuous demands and pressures for internal reservation in the state, the state Cabinet has agreed in principle to internal reservation in Scheduled Castes. There are 101 subcastes in the Scheduled Castes and the Government has decided to take all of them into confidence and scientifically implement internal reservation,' Siddaramaiah said in 2024 when the Cabinet decision for the new commission was taken. The Karnataka chief minister has indicated that the Telangana Government had already constituted a commission on the same model for implementation of internal reservation and that data is required for scientific implementation of internal reservation as directed by the Supreme Court. In a political sense, the SC internal quotas issue is a tricky subject for the Congress in Karnataka, which has traditionally drawn its support from the SC Right group, to which many of its prominent leaders – Mallikarjun Kharge, G Parameshwara, H C Mahadevappa – all belong. While the SC Left has supported the Congress in the past, many of these communities have moved towards the BJP on account of the general neglect by the Congress in terms of political representation and opportunities. The most prominent SC Left leader in the Congress is K H Muniyappa, a seven-time MP and former Union minister. The 'touchables' in the SC group – like the Banjaras and Bhovis – who were aligned with the BJP in the past are seen as having moved towards the Congress in 2023 after the BJP's unfulfilled internal quota exercise of 2022-23.

SC agrees to examine plea to repeal Bodh Gaya temple law
SC agrees to examine plea to repeal Bodh Gaya temple law

Time of India

timean hour ago

  • Time of India

SC agrees to examine plea to repeal Bodh Gaya temple law

Gaya: The long-pending issue of total control over management and administration of the Unesco world heritage Mahabodhi Mahavihara being raised from time to time by a section of Buddhists got a ray of hope, as a bench of the Supreme Court on Monday agreed to examine a plea for repealing the Bodh Gaya Temple Act, 1949. Tired of too many ads? go ad free now The demand of Buddhists' included replacing the Act with a central law. The bench of Justices M M Sundresh and N Kotiswar Singh issued notice to the Centre and others seeking their responses on the petition and tagged it for further hearing. Earlier on June 30, the apex court had turned down the petition and asked the petitioner to move high court concerned. Mahavihara campus in comprises the sacred Bodhi (peepal) tree, around 50-metres tall shrine structure, the lotus pond known as Muchlind pond, several ancient stupas and other religious signs of Buddha's enlightenment journey. Practising meditation under the shadow of the tree, Prince Siddhartha attained enlightenment to be called Buddha, around 2,600 years ago. According to the temple Act 1949, an eight-member committee comprising four Buddhists and four Hindu members takes care of management and administration of the sacred shrine. District magistrate of Gaya happens to be ex-officio chairman of the committee, while the member secretary is nominated by home department of the state govt. Apart from seeking all members from Buddhist community in the committee, the petition has also sought removal of encroachment in the vicinity of the Mahavihara campus.

DOWNLOAD THE APP

Get Started Now: Download the App

Ready to dive into a world of global content with local flavor? Download Daily8 app today from your preferred app store and start exploring.
app-storeplay-store