On Monday, the Supreme Court declined to stay the Centre’s pronouncement to allow 10 per cent quota to poor candidates who falls under general category. The apex court said that in the next hearing the appeal challenging the 10 per cent reservation in general category will be held on March 28.
Supreme Court refuses to stay 10% general quota, next hearing on March 28
When the senior advocate Rajeev Dhavan contended that the matter requires to be heard by a Constitution bench from the time when it is the question of simple structure, the Supreme Court said that it will deliberate if the matter requires to go before the Constitution bench.
The SC bench on Monday said, “Will hear plea for referring issue of quota to general category poor to Constitution bench on March 28”. The Supreme Court has also asked the entire parties to file a written note.
Previously, the Supreme Court had approved to study the validity of the law and delivered the notice to the Centre on the appeal filed by businessman and Congress supporter Tehseen Poonawala.
A bench headed by Chief Justice Ranjan Gogoi said, “At this stage, we are not inclined to pass any order”.
Senior advocate Rajeev Dhavan, appearing for Poonawala, had then told the bench that his single objection at this phase was that this quota should not break the upper limit of 50 per cent as instructed by the apex court.
On January 7, the Union Cabinet had approved the 10 per cent reservation for economically backward people in the general category in jobs and educational institutions. As soon as this decision was out it has been under attack from the various opposition since then.
Various campaigns and rallies were out by the oppositions in order to take back this decision. There has been several clashes between the supporters of the decision and the ones who were against this decision. Some said that this decision was very helpful for those who are economically poor and falls under the general category. While on the other hand there were other people who were totally against this decision and protested against it.
The change, a step to unite upper caste votes, was dubbed as “election gimmick” by the Opposition parties which probed its authority vis-a-vis the Supreme Court placing a cap of 50 per cent on reservations.
Earlier in January, the bench including Chief Justice Ranjan Gogoi and Justice Sanjiv Khanna give out a notice to the central government on several requests challenging the authority of the 103 Constitutional Amendment Act, which concreted the way for allowance of quota to poor under general category class. Providing the government four weeks to answer, the CJI said the court “will examine the issue”.
