News:The Supreme Court has ruled that the order of the erstwhile state of Andhra Pradesh in 2000 providing 100% reservation to Scheduled Tribes(ST) candidates in posts of school teachers in Scheduled Areas is unconstitutional.
Key Highlights of the Judgement:
- 100% reservation is not permissible under the Constitution as the upper limit is 50% as specified in Indra Sawhney case,1992.
- The citizens have equal rights and the total exclusion of others by creating an opportunity for one class is not contemplated by the Constitution.
- Equality of opportunity and pursuit of choice under Article 51A cannot be deprived of unjustly and arbitrarily.
- It is also arbitrary and violative of provisions of Articles 14 (equality before law), 15(1) (discrimination against citizens) and 16 (equal opportunity) of the Constitution.
- It also impinges upon the right of other categories because only STs will fill all the vacant posts.
Indra Sawhney & Others vs Union of India, 1992:
- The Supreme court had upheld the 27% caste-based reservation for the Other Backward Classes(OBCs) as valid.
- It had also upheld the principle that combined reservation beneficiaries should not exceed 50% of India’s population.
- The court had also said the creamy layer of OBCs should not get the benefits of reservation.Creamy layer which refers to the relatively wealthier and better educated members of the OBCs.