The Evening Wrap: Supreme Court lifts stay on Haryana quota for private jobs

The Supreme Court on Thursday set aside a Punjab and Haryana High Court order staying a controversial State law which provides 75% reservation for local youths in private sector jobs paying less than ₹30,000 a month. Industry associations have said the law “affects the idea of India as an economic unit”. A Bench of Justices L. Nageswara Rao and P.S. Narasimha set aside the February 3 stay order of the High Court on the ground that it did not give “sufficient reasons”. The Bench observed that every law passed by legislature was presumed to be legal. An order of stay of their implementation by a court of law should be reasoned. The High Court had not given sufficient reasons for stopping the Haryana law in its tracks on February 3. “There should be manifest illegality... This is not the way a statute ought to be dealt with... We are not on the merits, but the way in which the High Court dealt with this,” Justice Rao remarked orally. The Supreme Court, without going into the merits of the issue, requested the High Court to decide the writ petition filed by industrialists before it expeditiously and not later than a period of four weeks from today. The parties were directed to not seek adjournments in the High Court. Meanwhile, the top court ordered the State government to not take any “coercive steps” against employers in the highly industrialised State for violating the Haryana State Employment of Local Candidates Act. Industry bodies said in court that the Act impacted 48,000 registered companies by ushering in “inspector raj”. An employer faces a fine of ₹ 10,000 to ₹2 lakh for violation of the Act. The statute covers companies, societies, trusts, limited liability partnership firms, partnership firms, and large individual employers. Many hire talents from outside Haryana. Senior advocate Dushyant Dave, appearing for Faridabad Industries Association, opposed the Haryana government’s appeal against the High Court stay. “Reservation in private sector has no basis in the Constitution. The law impacts not only employment but the very existence of livelihood. There was no empirical study done, no data whatsoever to justify this law. Entry 24 of the Concurrent List in the Seventh Schedule of the Constitution does not back this law. What is the presumption of constitutionality which this law provides,” Dave asked. He submitted that the continuation of the law’s implementation, which came into effect in January 2022, would have far-reaching effects, not only in Haryana, but across India as it would not stop other States from enacting similar laws which exclude jobs to residents of other States. “Everybody will be affected... Even law firms,” Dave said. He said if the Supreme Court felt that the High Court needed to give reasons to maintain the February 3 order, the High Court could be asked to decide the writ petition pending before it finally. Dave said questions on the validity of the law required immediate litigation and a quick decision. Senior advocate Shyam Diwan, for Manesar Industrial Welfare Association, said the law had a “profound impact on ongoing businesses” and required day-to-day hearing. “This is a drastic Act,” he submitted. Solicitor General Tushar Mehta, for Haryana, said the stay order of the High Court was passed without application of mind. “There is a presumption of legality in favour of a law and it is ordinarily not stayed unless the legislation is prima facie unconstitutional or illegal... There was no reason given by the HC for staying the legislation,” Mehta argued. He referred to the need “to regulate migrants from settling elsewhere”. “Firstly, we are concerned about livelihood... The livelihood of everyone,” Justice Rao reacted. Mehta said States, including Haryana, Andhra Pradesh, Jharkhand and Maharashtra, had implemented similar laws. He requested the Supreme Court to examine the validity of the laws in all these States and deliver an authoritative decision on their validity. But the top court left it to the Punjab and Haryana High Court to decide the case finally, assuring that it had meanwhile “protected those working”. But the top court left it to the Punjab and Haryana High Court to decide the case finally, assuring that it had meanwhile “protected those working”. I-T Department raids premises of ex-NSE MD Chitra Ramkrishna The Income-Tax Department on Thursday conducted searches on the premises of former NSE chief executive officer and managing director Chitra Ramkrishna on suspicion of tax evasion. The searches were carried out by the agency’s Mumbai unit after the Securities and Exchange Board of India (SEBI) on February 11 levied penalties on the NSE, Ramkrishna and others for violating rules while appointing Anand Subramanian as the group operating officer and advisor to the then managing director of the exchange. SEBI also found that Ramkrishna shared various internal information of the NSE with an unknown yogi. It was alleged that she also consulted the unknown person on email for the appraisal of employee performance and Subramanian got substantial increments in quick succession. In January 2013, Subramanian was offered ₹1.68 crore for the post of chief strategic advisor in the exchange, while his last drawn salary was ₹15 lakh in a government corporation. His cost-to-company shot up to ₹5 crore by 2015. Ramkrishna resigned from NSE in 2016, following which she was given ₹44 crore as pending dues and salary, as per reports. In January 2013, Subramanian was offered ₹1.68 crore for the post of chief strategic advisor in the exchange, while his last drawn salary was ₹15 lakh in a government corporation. His cost-to-company shot up to ₹5 crore by 2015. Ramkrishna resigned from NSE in 2016, following which she was given ₹44 crore as pending dues and salary, as per reports. Rather than admitting mistakes, BJP govt blaming Nehru for people’s problems: Manmohan Singh The BJP has been in power for more than seven years and was still blaming first Prime Minister Jawaharlal Nehru for the problems of the people, former Prime Minister and Congress leader Manmohan Singh said on February 17 in a scathing attack against the Modi-led Government. Targeting the Central Government on a host of issues, including the farmers’ agitation, foreign policy, price rise and unemployment, Singh said, ahead of the Punjab elections on February 20, that the BJP’s nationalism was “fake” and was based on the British policy of “divide and rule”. The Congress played the message, delivered in Punjabi, at a press conference in Chandigarh. According to Singh, the Government had proved to be a “complete failure” on the issue of foreign policy. The Chinese Army, he alleged, was occupying “our pious land for the last one year but efforts are being made to bury this issue”. “Our relations with neighbouring nations are also deteriorating,” Singh said. Further targeting the Centre on foreign policy matters, Singh said, “Old friends are getting alienating from us, while our relations with neighbouring countries are also deteriorating.” “I hope that now the ruling dispensation has come to understand that the relations of the countries do not improve by forcefully embracing the leaders, playing on a swing with them or going for uninvited biryani,” he said, in a swipe at Prime Minister Narendra Modi. With the Congress targeting the Centre saying its governance was visible only in advertisements, Singh said, “The truth somehow always comes to the fore. It is very easy to talk big things but it is very difficult to put those things into action.” He said the Government does not have trust in the country’s constitution and “institutions are continuously being weakened”. “Today the situation is very worrisome. In the midst of the coronavirus pandemic, the short-sighted policies of the Central Government, on the one hand, have caused people to suffer from failing economy, rising inflation and unemployment. “On the other hand, the present Government which has been in power for the last seven and a half years, rather than admitting their mistakes and making amends, is still blaming first Prime Minister Jawaharlal Nehru for being responsible for people’s problems,” Singh said in his video statement. Then making a sharp attack, he said, “I clearly believe that the post of prime minister has its own dignity and blaming history cannot reduce one’s sins.” Hitting out at the Central Government, Singh, who is a noted economist, said they have no understanding of the economy, which was not in a healthy shape. “Unemployment has reached its peak in the whole country today. Farmers, businessmen, students, women are all unhappy,” he said. “Social inequality is increasing in the country, the debt on the people is constantly increasing, while the earnings are decreasing,” he said. He further said the rich are becoming richer while the poor are becoming poorer. “But this Government is portraying that everything is fine by manipulating figures,” he said. Singh said there is a flaw in the Government’s policy as well as its intent. “In every policy there is selfishness, while in intent there is hatred and division. People are being divided in the name of caste and region for their selfish interests...,” he said. The former Prime Minister also referred to the security lapse of Modi’s convoy being stuck on a flyover in Ferozepur last month. “A few days ago, in the name of the prime minister’s security, an attempt was made to defame Chief Minister Charanjit Singh Channi and the people of the State...,” he said. “During the farmers’ agitation too, an attempt was made to defame Punjab and Punjabiyat,” he said. The world salutes the bravery, patriotism and sacrifice of Punjabis, but the NDA Government did not talk about any of these, Singh said. Civil Aviation Ministry removes curbs on number of flights between India, Ukraine The Ministry of Civil Aviation has removed the curbs on the number of flights that can be operated between India and Ukraine under the bilateral air bubble arrangement to facilitate travel of Indians from the eastern European nation, according to a senior official. Amid the prevailing situation in Ukraine due to the rising tensions with Russia, India has advised its citizens to temporarily leave Ukraine. The ministry has removed the restrictions on the number of flights and seats between India and Ukraine under the air bubble arrangement. Any number of flights including chartered flights can be operated between the two countries, the official said on Thursday. The official said that Indian carriers have been asked to look at having flights to Ukraine due to the increase in demand, adding that the ministry is coordinating with the Ministry of External Affairs (MEA) regarding the flight services. On Wednesday, the Indian embassy in Kyiv said more flights are being planned in the near future to meet the additional demand. “The embassy of India has been receiving several appeals about non-availability of flights from Ukraine to India. In this regard, students are advised not to resort to panic, but book the earliest available and convenient flights to travel to India,” it had said in a statement. It had also said the Ukrainian International Airlines, Air Arabia, Fly Dubai and Qatar Airways are operating flights at present from Ukraine. “To meet the additional demand, more flights are being planned in the near future, including from Ukrainian International Airlines, Air India, etc. Details on the same would be shared by embassy as and when confirmed,” it had said. On Tuesday, the embassy advised Indian citizens, especially the students, to temporarily leave that country in view of the uncertainties of the current situation. Under an air bubble arrangement between two countries, international passenger flights can be operated by their respective carriers into each other’s territories subject to certain conditions. Currently, India has air bubble arrangements with 35 countries. The scheduled international commercial passenger flights to and from India remain suspended since March 23, 2020. 13 killed after falling into well in U.P. at a marriage function Thirteen women and girls died after falling into a well while performing a marriage ritual in Uttar Pradesh’s Khushinagar district, police said on February 17. The incident took place at Naurangiya Tola village when an iron net they were sitting on broke, they said. Chief Minister Yogi Adityanath has expressed grief over the incident and directed officials to extend all possible help. On February 16 night, a pre-wedding ritual of ‘Haldi’ was being performed. Some women and girls were sitting on the iron net, and it suddenly broke and fell into the well, District Magistrate S. Rajalingam said. Ten people were also injured in the incident, he said. Covid Watch: Numbers and Developments The number of reported coronavirus cases from India stood at 4,27,54,245 at the time of publishing this newsletter, with the death toll at 5,10,469. Evening Wrap will return tomorrow. [logo] The Evening Wrap 17 FEBRUARY 2022 [The Hindu logo] Welcome to the Evening Wrap newsletter, your guide to the day’s biggest stories with concise analysis from The Hindu. [[Arrow]Open in browser]( [[Mail icon]More newsletters]( Supreme Court sets aside High Court stay of Haryana private sector quota law The Supreme Court on Thursday[set aside a Punjab and Haryana High Court order]( staying a controversial State law which provides 75% reservation for local youths in private sector jobs paying less than ₹30,000 a month. Industry associations have said the law “affects the idea of India as an economic unit”. A Bench of Justices L. Nageswara Rao and P.S. Narasimha set aside the February 3 stay order of the High Court on the ground that it did not give “sufficient reasons”. The Bench observed that every law passed by legislature was presumed to be legal. An order of stay of their implementation by a court of law should be reasoned. The High Court had not given sufficient reasons for stopping the Haryana law in its tracks on February 3. “There should be manifest illegality... This is not the way a statute ought to be dealt with... We are not on the merits, but the way in which the High Court dealt with this,” Justice Rao remarked orally. The Supreme Court, without going into the merits of the issue, requested the High Court to decide the writ petition filed by industrialists before it expeditiously and not later than a period of four weeks from today. The parties were directed to not seek adjournments in the High Court. Meanwhile, the top court ordered the State government to not take any “coercive steps” against employers in the highly industrialised State for violating the Haryana State Employment of Local Candidates Act. Industry bodies said in court that the Act impacted 48,000 registered companies by ushering in “inspector raj”. An employer faces a fine of ₹ 10,000 to ₹2 lakh for violation of the Act. The statute covers companies, societies, trusts, limited liability partnership firms, partnership firms, and large individual employers. Many hire talents from outside Haryana. Senior advocate Dushyant Dave, appearing for Faridabad Industries Association, opposed the Haryana government’s appeal against the High Court stay. “Reservation in private sector has no basis in the Constitution. The law impacts not only employment but the very existence of livelihood. There was no empirical study done, no data whatsoever to justify this law. Entry 24 of the Concurrent List in the Seventh Schedule of the Constitution does not back this law. What is the presumption of constitutionality which this law provides,” Dave asked. He submitted that the continuation of the law’s implementation, which came into effect in January 2022, would have far-reaching effects, not only in Haryana, but across India as it would not stop other States from enacting similar laws which exclude jobs to residents of other States. “Everybody will be affected... Even law firms,” Dave said. He said if the Supreme Court felt that the High Court needed to give reasons to maintain the February 3 order, the High Court could be asked to decide the writ petition pending before it finally. Dave said questions on the validity of the law required immediate litigation and a quick decision. Senior advocate Shyam Diwan, for Manesar Industrial Welfare Association, said the law had a “profound impact on ongoing businesses” and required day-to-day hearing. “This is a drastic Act,” he submitted. Solicitor General Tushar Mehta, for Haryana, said the stay order of the High Court was passed without application of mind. “There is a presumption of legality in favour of a law and it is ordinarily not stayed unless the legislation is prima facie unconstitutional or illegal... There was no reason given by the HC for staying the legislation,” Mehta argued. He referred to the need “to regulate migrants from settling elsewhere”. “Firstly, we are concerned about livelihood... The livelihood of everyone,” Justice Rao reacted. Mehta said States, including Haryana, Andhra Pradesh, Jharkhand and Maharashtra, had implemented similar laws. He requested the Supreme Court to examine the validity of the laws in all these States and deliver an authoritative decision on their validity. But the top court left it to the Punjab and Haryana High Court to decide the case finally, assuring that it had meanwhile “protected those working”. But the top court left it to the Punjab and Haryana High Court to decide the case finally, assuring that it had meanwhile “protected those working”. I-T Department raids premises of ex-NSE MD Chitra Ramkrishna The Income-Tax Department on Thursday [conducted searches on the premises of former NSE chief executive officer and managing director Chitra Ramkrishna]( on suspicion of tax evasion. The searches were carried out by the agency’s Mumbai unit after the Securities and Exchange Board of India (SEBI) on February 11 levied penalties on the NSE, Ramkrishna and others for violating rules while appointing Anand Subramanian as the group operating officer and advisor to the then managing director of the exchange. SEBI also found that Ramkrishna shared various internal information of the NSE with an unknown yogi. It was alleged that she also consulted the unknown person on email for the appraisal of employee performance and Subramanian got substantial increments in quick succession. [Chitra Ramkrishna. File] In January 2013, Subramanian was offered ₹1.68 crore for the post of chief strategic advisor in the exchange, while his last drawn salary was ₹15 lakh in a government corporation. His cost-to-company shot up to ₹5 crore by 2015. Ramkrishna resigned from NSE in 2016, following which she was given ₹44 crore as pending dues and salary, as per reports. In January 2013, Subramanian was offered ₹1.68 crore for the post of chief strategic advisor in the exchange, while his last drawn salary was ₹15 lakh in a government corporation. His cost-to-company shot up to ₹5 crore by 2015. Ramkrishna resigned from NSE in 2016, following which she was given ₹44 crore as pending dues and salary, as per reports. Rather than admitting mistakes, BJP govt blaming Nehru for people’s problems: Manmohan Singh The BJP has been in power for more than seven years and was still blaming first Prime Minister Jawaharlal Nehru for the problems of the people, [former Prime Minister and Congress leader Manmohan Singh said]( on February 17 in a scathing attack against the Modi-led Government. Targeting the Central Government on a host of issues, including the farmers’ agitation, foreign policy, price rise and unemployment, Singh said, ahead of the Punjab elections on February 20, that the BJP’s nationalism was “fake” and was based on the British policy of “divide and rule”. The Congress played the message, delivered in Punjabi, at a press conference in Chandigarh. According to Singh, the Government had proved to be a “complete failure” on the issue of foreign policy. The Chinese Army, he alleged, was occupying “our pious land for the last one year but efforts are being made to bury this issue”. “Our relations with neighbouring nations are also deteriorating,” Singh said. Further targeting the Centre on foreign policy matters, Singh said, “Old friends are getting alienating from us, while our relations with neighbouring countries are also deteriorating.” “I hope that now the ruling dispensation has come to understand that the relations of the countries do not improve by forcefully embracing the leaders, playing on a swing with them or going for uninvited biryani,” he said, in a swipe at Prime Minister Narendra Modi. With the Congress targeting the Centre saying its governance was visible only in advertisements, Singh said, “The truth somehow always comes to the fore. It is very easy to talk big things but it is very difficult to put those things into action.” He said the Government does not have trust in the country’s constitution and “institutions are continuously being weakened”. “Today the situation is very worrisome. In the midst of the coronavirus pandemic, the short-sighted policies of the Central Government, on the one hand, have caused people to suffer from failing economy, rising inflation and unemployment. “On the other hand, the present Government which has been in power for the last seven and a half years, rather than admitting their mistakes and making amends, is still blaming first Prime Minister Jawaharlal Nehru for being responsible for people’s problems,” Singh said in his video statement. Then making a sharp attack, he said, “I clearly believe that the post of prime minister has its own dignity and blaming history cannot reduce one’s sins.” Hitting out at the Central Government, Singh, who is a noted economist, said they have no understanding of the economy, which was not in a healthy shape. “Unemployment has reached its peak in the whole country today. Farmers, businessmen, students, women are all unhappy,” he said. “Social inequality is increasing in the country, the debt on the people is constantly increasing, while the earnings are decreasing,” he said. He further said the rich are becoming richer while the poor are becoming poorer. “But this Government is portraying that everything is fine by manipulating figures,” he said. Singh said there is a flaw in the Government’s policy as well as its intent. “In every policy there is selfishness, while in intent there is hatred and division. People are being divided in the name of caste and region for their selfish interests...,” he said. The former Prime Minister also referred to the security lapse of Modi’s convoy being stuck on a flyover in Ferozepur last month. “A few days ago, in the name of the prime minister’s security, an attempt was made to defame Chief Minister Charanjit Singh Channi and the people of the State...,” he said. “During the farmers’ agitation too, an attempt was made to defame Punjab and Punjabiyat,” he said. The world salutes the bravery, patriotism and sacrifice of Punjabis, but the NDA Government did not talk about any of these, Singh said. Civil Aviation Ministry removes curbs on number of flights between India, Ukraine The Ministry of [Civil Aviation has removed the curbs on the number of flights that can be operated between India and Ukraine]( under the bilateral air bubble arrangement to facilitate travel of Indians from the eastern European nation, according to a senior official. Amid the prevailing situation in Ukraine due to the rising tensions with Russia, India has advised its citizens to temporarily leave Ukraine. The ministry has removed the restrictions on the number of flights and seats between India and Ukraine under the air bubble arrangement. Any number of flights including chartered flights can be operated between the two countries, the official said on Thursday. The official said that Indian carriers have been asked to look at having flights to Ukraine due to the increase in demand, adding that the ministry is coordinating with the Ministry of External Affairs (MEA) regarding the flight services. On Wednesday, the Indian embassy in Kyiv said more flights are being planned in the near future to meet the additional demand. “The embassy of India has been receiving several appeals about non-availability of flights from Ukraine to India. In this regard, students are advised not to resort to panic, but book the earliest available and convenient flights to travel to India,” it had said in a statement. It had also said the Ukrainian International Airlines, Air Arabia, Fly Dubai and Qatar Airways are operating flights at present from Ukraine. “To meet the additional demand, more flights are being planned in the near future, including from Ukrainian International Airlines, Air India, etc. Details on the same would be shared by embassy as and when confirmed,” it had said. On Tuesday, the embassy advised Indian citizens, especially the students, to temporarily leave that country in view of the uncertainties of the current situation. Under an air bubble arrangement between two countries, international passenger flights can be operated by their respective carriers into each other’s territories subject to certain conditions. Currently, India has air bubble arrangements with 35 countries. The scheduled international commercial passenger flights to and from India remain suspended since March 23, 2020. 13 killed after falling into well in U.P. at a marriage function [Thirteen women and girls died]( after falling into a well while performing a marriage ritual in Uttar Pradesh’s Khushinagar district, police said on February 17. The incident took place at Naurangiya Tola village when an iron net they were sitting on broke, they said. [Police and villagers stand near the well in which many women and children accidentally fell during a wedding ritual at Nebua Naurangiya village in Uttar Pradesh’s Kushinagar district. ] Chief Minister Yogi Adityanath has expressed grief over the incident and directed officials to extend all possible help. On February 16 night, a pre-wedding ritual of ‘Haldi’ was being performed. Some women and girls were sitting on the iron net, and it suddenly broke and fell into the well, District Magistrate S. Rajalingam said. Ten people were also injured in the incident, he said. Covid Watch: Numbers and Developments The [number of reported coronavirus cases from India]( stood at 4,27,54,245 at the time of publishing this newsletter, with the death toll at 5,10,469. Evening Wrap will return tomorrow. Today‘s Top Picks [[India summons High Commissioner over Singapore PM’s reference to ‘criminal MPs’ in Lok Sabha] India summons High Commissioner over Singapore PM’s reference to ‘criminal MPs’ in Lok Sabha]( [[China asks India ‘to improve business environment’ after apps ban, tax probes] China asks India ‘to improve business environment’ after apps ban, tax probes]( [[West Bengal Governor Jagdeep Dhankhar invites CM Mamata Banerjee for dialogue] West Bengal Governor Jagdeep Dhankhar invites CM Mamata Banerjee for dialogue]( [[Explained | The challenges that await the Tatas and Air India] Explained | The challenges that await the Tatas and Air India]( Copyright @ 2021, THG PUBLISHING PVT LTD. 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