Quota Bill Granting 10% Reservation To Economically Weaker Sections Challenged In SC
New Delhi: The constitutional amendment granting 10% reservation for economically weaker sections of general category was challenged in the Supreme Court on Thursday.The petition brought by Youth for Equality, an organization opposing caste based quotas and one Dr. Kaushal Kant Mishra claims that the 124th Amendment violates “several basic features of the Constitution”.
The amendment which introduces Articles 15 (6) and 16 (6) into the Constitution violates the equality code of the Constitution and is in “breach of the basic structure of the Constitution”.
It added that the amendment was in violation of the equality code of the Constitution and was in breach of the basic structure of the Constitution. The petition also raises questions on the use of expression economically weaker sections where it remains undefined under the amendment and is left to be notified by the states, calling this “arbitrary and unworkable”.
Reliance was placed on the 1992 judgment in Indira Sawhney vs. Union of India, where a constitution bench had specifically stated that economic criteria cannot be the sole basis for reservations under the Constitution. Other case laws upholding the 50% ceiling limit such as the 2006 judgment in M.Nagaraj versus of Union of India and the 2018 judgment of Jarnail Singh versus Lachhmi Narain Gupt were also quoted.
“The impugned amendment fails to consider that Articles 14 (equality before law) and 16 (equality of opportunity in public employment) form the basic feature of equality, and that they have been violated with the doing away of the restraints that were imposed on the reservation policy, i.e. the 50% ceiling limit and the exclusion of economic status as a sole criterion”, the plea stated.
On Wednesday, the Rajya Sabha passed the Constitution (124th Amendment) Bill, 2019, to grant 10% reservation for economically weaker sections of general category with the opposition divided over its stance on the legislation. The quota bill in Rajya Sabha was passed by 165 votes, more than two-thirds majority of the house. Seven members voted against it. The Lok Sabha had passed the quota bill on Tuesday. The quota bill will now become a law as the president’s nod is expected soon.
The passage of the quota bill-and all the major opposition parties supporting it-is crucial as it comes ahead of 2019 Lok Sabha elections due by May. The immediate trigger for the bill is Bharatiya Janata Party (BJP) facing a backlash of the upper castes in the recently concluded assembly elections in Madhya Pradesh, Chhattisgarh and Rajasthan.
The 124th Amendment Bill provides for 10% reservation to economically weaker sections in the general category, especially upper castes. “Weaker section beneficiaries” include people less than ₹8 lakh annually; own less than five hectares of agricultural land, residential property of less than 1,000 sq. ft and a residential plot that is less than 109 square yards in a notified municipality and 209 square yards in a non-notified municipality.
