Quota for Upper Castes challenged in Supreme Court

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Quota for Upper Castes challenged in Supreme Court

The petition said that the bill violates the basic feature of the Constitution as the reservation on economic grounds cannot be limited to the general categories

Thursday January 10, 2019 5:30 PM, ummid.com News Network

New Delhi: A petition was filed in the Supreme Court on Thursday challenging the Constitution (124th Amendment) Bill, 2019 that provides 10% reservation in jobs and education for the economical weaker sections (EWS) of the general category, PTI reported.

The petition filed by NGO, Youth for Equality and Kaushal Kant Mishra, sought the quashing of the bill saying that the economic criteria cannot be the sole basis for reservation.

The petition further stated that the bill violates the basic feature of the Constitution as the reservation on economic grounds cannot be limited to the general categories. The petition also said the new law would overturn the 50 per cent cap on quota that has been put in place by the Supreme Court.

The Constitution (124th Amendment) Bill, 2019 was passed by the Rajya Sabha on Wednesday. The bill was passed in the upper house of the Indian parliament with the help of some of the opposition parties, including the Congress.

The Congress, Lalu Yadav's Rashtriya Janata Dal, the Left Front and the DMK to send the bill to a select committee for scrutiny was voted out.

That the bill would be challenged in the court was expected ever since the union cabinet headed by Narendra Modi passed it on Monday and extended the Parliament session by a day to make sure that it is passed in the ongoing session.

Those who are opposing the bill said it was pushed through the Parliament in an unprecedented two days "with little debate", violates at least two "basic features" of the Constitution.

Various analysts and constitutional experts had also opined that the bill even if it was passed by the Parliament will fail the test if it is challenged in the court.

Some opposition parties had also said that the Bill passed by the government just three months before the 2019 General Elections is just a political gimmick to fool the people.

Interestingly, 16% quota for the Maratha community announced by the BJP government in Maharashtra was also challenged in the Bombay High Court on the ground that it exceeds the 50% cap set by the apex court.

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