Economic Reservation 124th Constitutional Amendment challenged in Supreme Court
The PIL says that the economic criteria cannot be a base for reservation, and that the amendment breaches the 50% upper cap fixed by SC.
Within hours of the Rajya Sabha passing the Constitution(124th) Amendment Act, which makes provisions for giving reservation to economically weaker sections in public employment and higher education, a petition has been filed in the Supreme Court challenging it.
The petition is filed by “Youth For Equality”, an NGO, contending that the amendment, violates the “basic structure” of the Constitution.
By the 124th amendment inserts Articles 15(6) and 16(6) in the Constitution which permit the following:
- The State to provide for special provisions/reservations for any economically weaker sections of citizens.
- These economically weaker sections to be of those other than the backward classes or SCs/STs.
- These measures to be to a maximum of 10% of seats/posts in addition to the existing reservations.
- The reservations in Article 15(6) to be for unaided institutions as well, notwithstanding the provisions of Articles 19(1)(g) & 29(2)
In petition plea said the 124th Amendment violates basic feature of the Constitution as reservation on economic grounds cannot be limited to the general categories and the 50 per cent ceiling limit cannot be breached.
Source: LiveLaw, Barandbench