As per governmental policy, there must be 15 per cent reservations for SCs and 7.5 per cent for STs in government universities O But today only seven of 100 teachers in colleges and universities are from the underprivileged sections. O Only 1,02,000 - or 7.22 per cent- of the 1.4 million teachers were Dalits in 2016. OThe ST faculty members were just 30,000 or a meagre 2.12 per cent. O If Yogi is sincere towards the Dalit cause, he must immediately order the filling of all vacant reserved positions in the universities under the administrative control of his government. OAMU and JMI being central institutions are concerns of the central government. By the way, BHU has an extremely poor record in filling reserved positions. The chief minister must be aware of the constitutional provision on the exemption of minority institutions from reservations His purpose is simply to polarise and rally together upper caste Hindus Article 30 of the Indian Constitution permits religious and linguistic minorities to establish and administer the educational institutions of their choice. since minorities are defined at the state level Yogi should know that Hindus, too, as a linguistic minority are entitled to Article 30 rights A Hindi medium institution in Tamil Nadu established by the Hindus of UP will be a linguistic minority institution. Hindus are also a religious minority in a few states.
Article 15(5) of the Constitution says that minority institutions under Article 30 shall be exempt from constitutional reservation. This amendment was inserted in 2005 by the 93rd constitutional amendment OThe constitutional validity of the amendment was upheld by the five-judge bench of the Supreme Court in Ashok Thakur (2008). The court said that the exemption of minority educational institutions from the ambit of reservations is constitutionally valid as such institutions are a class by themselves and cater to the special needs of minorities. Their exemption is thus not violative of the right to equality The Supreme Court has held minority rights as the basic structure of the Constitution and therefore these rights cannot be taken away even by constitutional amendments The Supreme Court held in Aziz Basha (1968) that the term "educational institution" in Article 30 includes a "university" and thus there can be minority universities. We have a number of minority universities established by Muslims, Christians, Jains etc. The apex court in Kerala Education Bill (1957) explicitly held, and in TMA Pai Foundation (2003) its 11-judge bench reiterated, that a minority institution is primarily for the minority that has established it and there shall be "only sprinkling of outsiders" to ensure the dissemination of a minority culture to those outsiders
The court has consistently held that governmental "aid" cannot come "with such restrictions which will destroy or annihilate the minority character of such institutions" OThat AMU or JMI receive governmental "aid" has no effect whatsoever on their minority character. In the case of AMU, there is a stay order of the apex court on the 2005 decision of Allahabad HC and therefore till the SC finally determines its minority character, no change in its reservation policy is legally possible. OAs far as the JMI is concerned, the National Commission of Minority Educational Institutions (NCMEI) has recognised it as a minority institution. OA few weeks back, the apex court in Sisters of St Joseph of Cluny (2018) held that the NCMEI has the jurisdiction to declare the minority character of educational institutions. Minority institutions are like private institutions that have been established by the minorities primarily for the education of the concerned minority. They invest their resources, their land and money in establishing such institutions.
Till 2003, as per St. Stephen's (1991), minority institutions were allowed to reserve only 50 per cent seats in favour of the minority that has established such an institution. UTMA Pai (2003) lifted the upper limit of 50 per cent OThus now minority institutions may have more than 50 per cent reservations in favour of minorities depending upon the course and needs of the minority communit DAssuming in a minority university, there is just 50 per cent reservation for the concerned minority, now if 22.5 per cent SC/ST reservations and 27 per cent OBC reservations is also provided in such an institution, only 0.5 per cent seats will be left for the general candidates. Since the Supreme Court has said that 50 per cent seats should always remain available to the general candidates, SC/ST reservations was made inapplicable to minority institutions. The 93rd amendment thus was to comply with the apex court's order in TMA Pai. There is no Muslim reservation in AMU. It already has more than 45 per cent or so Hindus in its prestigious courses like medicine or engineering. If Yogi really cares for Dalits, let him force the BJP to implement Dalit reservations in the private sector. Meanwhile, let AMU and JMI make special efforts to increase SC/ST representation so that societal diversity is reflected in these institutions.
[TH Page10] Russia-related sanctions to dominate 2+2 talks When India and U.S. hold their first 2+2 Dialogue involving the External Affairs and Defence Ministers and their counterparts, one of the key issues would be questions regarding the recent Russia-related sanctions that have now come up as a key impediment for India's defence modernisation. External Affairs Minister Sushma Swaraj and Defence Minister Nirmala Sithara man will visit the U.S. for the first meeting of the 2+2 Dialogue on July 6 with Secretary of State Michael R. Pompeo and Secretary of Defence James N. Mattis O The new dialogue format was agreed upon by the two sides during Prime Minister Narendra Modi's visit to Washington D.C. in June 2017 [IE Explained] COMCASA: Why US, India can't connect Communications Compatibility and Security Agreement. What is the COMCASA? COMCASA is meant to provide a legal framework for the transfer of communication security equipment from the US to India that would facilitate "interoperability" between their forces and potentially with other militaries that use US-origin systems for secured data links. The general agreement signed by the US is called the Communication and Information on Security Memorandum of Agreement (CISMOA) but the name was changed to COMCASA to reflect its India- specific nature It is part of a set of three military agreements that the US considers "foundational" for a functional military relationship
In August 2016, India had signed the Logistics ExchangeINDIA-US DEALS Memorandum of Agreement (LEMOA), which allows the military of each country to replenish from the other's bases Logistics Exchange Memorandum of Agreement (LEMOA) SIGNEDIN AUGUST 2016 Communications Compatibility and Security Agreement (COMCASA) BEING NEGOTIATED Negotiations on the third agreement, Basic Exchange and Cooperation Agreement for Geo-spatial Cooperation (BECA), have not yet begun. Basic Exchange and Cooperation Agreementfor Geo-spatial Cooperation (BECA) TO BENEGOTIATED
The American push DUS officials contend that COMCASA will facilitate the use of high-end secured communication equipment to be installed on military platforms being sold to India, and fully exploit their potential. DIndia's armed forces, they argue, are currently dependent on less secure, commercially available communication systems on high-end American platforms like C-130Js and the P8l maritime surveillance aircraft. These platforms are, therefore, unable to share data in real time with other friendly militaries using American platforms, besides creating problems of interoperability during training exercises and humanitarian assistance and disaster relief operations. OThe signing of COMCASA, however, becomes imperative if India is to get the armed version of the Sea Guardian drones from the US. New Delhi has been intimated by the American officials that the high-end drones are critically dependent on a highly secure data and communication system link. The US granted India the status of Major Defence Partner in the final days of the Obama administration to facilitate transfer of high-end defence technology. Signing the foundational agreements would underline that status, beside making the transfer of American defence technology possible to India.
India's concerns New Delhi is believed to be concerned about intrusive American access to Indian military communication systems, and about the violation of Indian sovereignty due to visits by US inspectors to Indian bases to inspect the COMCASA-safeguarded equipment There is also a fear that a lot of Russian-origin and indigenous lndian military platforms may not be compatible with COMCASA. Olt is also a politically sensitive issue in India. The signing of LEMOA had earned a lot of criticism for the BJP government from the opposition parties. Moving into an election year, with India-US relations on a somewhat less strong footing, the government may be hesitant to sign the agreement now.
India - US Logistics Support Agreement LEMOA 30 Aug 2016] India and US signed the Logistics Exchange Memorandum of Agreement LEMOA'. Dlt will give the militaries of US and India access to each other's facilities for supplies and repairs. Jlt is an enabling agreement. Dlt does not make logistical support automatic or obligatory for OThe agreement does not involve allowing military bases either. JThe services or supplies accessed will be on a reimbursable either party. Each case will require individual clearance. basis.
Does this put India and the U.S. on the path to becoming military allies? O No, it does not make India either a de jure or a de facto ally OLEMOA only allows both countries to seamlessly pay for military goods, services, and supplies consumed during their exercises and other interactions The decision to engage in any of these activities remains a sovereign decision of each government- nothing in the LEMOA changes that. So the issue of India becoming an ally of any sort does not arise. Significance of LEMOA for India: The agreement puts an automatic approvals process in place for the two militaries to share each other's bases for various operations. These include port visits, joint exercises, joint training, and humanitarian assistance and disaster relief efforts; other uses are to be discussed on a case-by-case basis. The agreement will aid the sort of operations India has undertaken to rescue stranded Indians in conflict zones OFurther, as the Indian military continues to expand its role to aid in disaster relief, as it did during the 2004 tsunami, it will benefit from easier access to America's network of military bases around the world The pact will enhance the military's capability to be an expeditionary force, at a time when Indian interests are distributed around the world with major investments planned both onshore and offshore in oilfields
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