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The 1993 SC Judgment that could pose obstacles for 10% quota for poor

Since the 1993 ruling was by a 9-judge constitution bench, the bar on quotas beyond 50% would need to be overturned by a larger one if the NDA govt is to have any hope of implementing its promise

Supreme Court
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A general view of the Supreme Court after the Ayodhya hearing was rescheduled to January 29. Photo: Aashish Aryan

The Wire
The 124th constitution amendment providing a 10% quota for “economically weaker sections” from the general category of the population – primarily upper caste Hindus, but also religious minorities – has already been challenged in the Supreme Court.

As legal experts have pointed out, the Modi government’s decision would appear to face two insurmountable obstacles laid down by the Supreme Court itself in its landmark 1993 judgment in Indra Sawhney vs Union of India. These are:

that the total number of reserved  seats/places/positions cannot exceed 50% of what is available, and
that under the constitutional scheme of reservation, economic backwardness alone could