Soon after it was passed by the Parliament, the Constitution (103rd) Amendment Act that provides 10 percent reservation to economically weaker sections of Upper Caste candidates has been challenged in the Supreme Court by Youth for Equality – a group against caste-based reservations.
The Writ Petition has been filed on the grounds that it violates the basic structure of Constitution of India.
It says that economic criteria cannot be the sole basis for reservation, citing the nine judge bench decision of the apex court in the Indira Sawhney case.
“The above Constitution Amendment completely violates the Constitutional norm that economic criteria cannot be the sole basis for reservation as has been laid down by the 9 judges in Indira Sawhney vs Union of India, 1992 Supp 3 SCC 127," the petition said.
It also said that the amendment breaches the 50 percent reservation cap set by the Supreme Court.
The petition also said that the amendment also imposes reservation in private unaided educational institutions, contrary to the SC ruling in the TMA Pai and PA Inamddar case, LiveLaw reported.
The reservation inserts clause (6) in Article 15 and 16 of the Indian Constitution. Article 15(6) enables the State to make special provisions for advancement of any economically weaker section of citizens, including reservation in education. It also states that the upper limit will be 10 percent, which will be over and above the reservations already in place. Article 16(6), on the other hand, enables the State to make provision for reservation in appointments, in addition to the existing reservations, subject to an upper limit of 10 percent.
(With inputs from LiveLaw.)
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