Is Upper Caste Quota Bill Constitutionally Sound? What Experts Say

Experts’ take on whether the bill for reservation of economically weaker sections is constitutionally sound.

Lok Sabha and Rajya Sabha passed the quota Bill, which will provide 10 percent reservation to the economically weaker sections among the general category in government jobs and education.

(Photo: The Quint/Arnica Kala)

Since the Union Cabinet approved a 10 percent reservation for economically weaker section, a debate on whether it will stand the test of judicial scrutiny if it is legally challenged has ensued.

Speaking to BloombergQuint, senior advocates Sanjay Hegde and Arvind Datar said that even if it’s challenged, the Constitution amendment bill would not get struck down.

“We have to see the nature of court challenge. Constitutional amendments are rarely stayed. If it is challenged for violating basic structure, the government's defence will be that the bill is only an enabling procedure. The method of implementation however may be subject to a lot of things,” Hegde said.

Datar said that on the face of it, the Bill looks constitutionally valid. He opined that the bill had to come after the havoc created by Mandal Commission.

Alok Prasanna Kumar of Vidhi Centre For Legal Policy however disagreed saying that the bill is a fundamental attack on notion of equality.

“Reservations are a step towards attaining that equality by giving opportunities to those who have been denied for generations. This decision tinkers with the reason behind providing reservation. This does away with the Constitution's mandate of working towards social justice and gives charity,” he said.