- The Supreme Court has agreed to consider on July
30 a batch of petitions to have a Constitution Bench examine the validity of 103rd
Constitutional Amendment Act.
- The Constitution (103rd Amendment) Act provides
for 10% reservation in government jobs and educational institutions for the
economically weaker section in the unreserved category
- The Act amends Article 15 and 16 to provide for
reservation based on economic backwardness.
- However, the SC in Indira Sawhney case (1992)
has upheld that a backward class cannot be determined only and exclusively with
reference to economic criterion. Further, the Court had set the limit for
reservations at 50%.It is only for extraordinary reasons that this percentage
may be exceeded.
- The Act has been criticised on the grounds that
it violates the basic Structure of the constitution as a) it completely
violates the Constitutional norm that economic criterion cannot be the only
basis of reservation, b) violative of the equality principle enshrined in
Article 14 of the Constitution as it excludes OBCs, SCs and STs from the scope
of economic reservation c) breaching of 50% cap is violative of Article 14.
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