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Supreme Court declines to stay 10% quota for economically weaker sections in jobs and education

Supreme Court declines to stay 10% quota for economically weaker sections in jobs and education: On Friday, the Supreme Court declined to stay the administrative order of the Centre instigating the law providing 10 per cent quota in jobs and higher education for the economically weaker sections. A Supreme Court bench headed by Ranjan Gogoi, who is the Chief Justice of India give out notice to the Centre looking for reply in four weeks.

The Supreme Court also declined to permit orders to the effect that whatsoever arrangements they make under the new reservation policy would be matter to the consequence of the circumstance in advance of it. The Supreme Court bench said, “We are examining the matter”.

After the pleadings are complete, the matter would be heard. The Supreme Court was hearing a public interest litigation (PIL) challenging the newly passed law to offer 10 per cent reservation in government jobs and higher education to the poor sections from unreserved category, or else mentioned to as general category.

The appeal challenging the Constitution (103rd) Amendment Act was filed by an NGO, Youth for Equality and it opposes that the law changes the elementary structure of the Constitution.

Previously this month, the legislation got Parliament’s support amongst opposition parties interrogating the Union government’s hurriedness in pushing the bill over months ahead of 2019 Lok Sabha elections and in the outcome of the BJP’s overthrow in the states of Rajasthan, Madhya Pradesh and Chhattisgarh.

The appeal mentions a Supreme Court order in 1992 by a nine judge bench Indra Sawhney case affirming that economic backwardness cannot be the foundation of reserved seat in the field of jobs and education. The PIL states, “Such an Amendment is hence, vulnerable and ought to be struck down as it merely negates a binding judgement”.

In addition, the PIL claims that the latest quota law breaks the cover of 50 per cent complete reservation in the field of jobs and education. This upper limit was secure by the top court in the 2006 M Nagaraj case. Under the current legitimate appointments, reserved seat in jobs and education is accessible to the members of the Scheduled Caste (SC), Scheduled Tribe (ST) and Other Backward Classes (OBC) groups.

However, the government has upheld that the revised law can endure legal analysis.

Arun Jaitley, who is the Finance Minister of India, speaking for the duration of the discussion on the Bill in the Lok Sabha, “The apex court had stated that the rule of 50% [cap on reservations] applies only to reservation for backward classes… This bill is for social and economic justice.”

In addition, the PIL has also challenged the new quota rule on the ground that the revision provides for reserved seat in private unassisted educational institutions, which has been obviously banded by the top court over two preceding judgments.