SC doesn’t hold 10 percent quota but will examine validity

SC doesn’t hold 10 percent quota but will examine validity

January 25, 2019

New Delhi:  The Supreme Court (SC) this morning decided to examine the Centre’s decision to grant 10 per cent reservation in jobs and education to poor candidates belonging to general category.

A Bench comprising Chief Justice Ranjan Gogoi and Justice Sanjiv Khanna issued notice to the Central Government on various petitions challenging the validity of the 103 Constitutional Amendment Act which paved the way for grant of quota to poor belonging to general category class.

“We are examining the matter and hence issuing notice returnable within four weeks,” the Bench said. The Bench, however, did not stay the operation of the Centre’s decision granting quota to the poor in the general category.

In poll year, the Narendra Modi government had come out with the Constitutional Amendment Bill giving quota benefits to the poor among general category candidates. The petitions were filed by parties including organisations like Janhit Abhiyan and Youth for Equality challenging the Centre’s decision.

The petitions say the top Court’s Mandal Commission verdict in 1992 had “specifically stated that the economic criteria cannot be the sole basis for reservation under the Constitution.” They also argue that in 2006, the Court said quota cannot exceed 50 per cent, so the new 10 per cent quota is “unconstitutional and should be struck down”.


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