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10% quote to economically weak does not violate basic Constitution structure: Centre to SC

ANI  |  General News 

The Centre on Tuesday submitted an in the to defend its decision to give 10 per cent in jobs and education for the economically weaker section (EWS) of the general category.

In the affidavit, the Centre said that the Amendment that gives 10% has not violated the basic structure of the or ruling of 1992 which had put 50 per cent cap on the

The top court will hear on March 28 whether pleas challenging the Amendment giving 10 per cent reservation in jobs and education to the economically weak should be referred to a Constitution bench.

Rajeev Dhavan, appearing for one of the petitioners, had told a bench headed by on Monday that the issue involves the basic structure of the Constitution and should be heard by the five-judge Constitution bench.

The bench, also comprising Justices and Sanjiv Khanna, said it would hear arguments on March 28 whether the matter should be referred to a Constitution bench.

Earlier, the apex court had refused to stay the implementation of 10 per cent reservation given to the EWS in the general category in jobs and education.

The court was hearing pleas by NGOs and others.

One of the petitions, filed by Tehseen Poonawala, has challenged the 103rd Constitution amendment saying it was against the basic structure of Constitution, which does not allow for any reservation based on economic criteria.

The 50 per cent ceiling limit cannot be breached, the plea said.

Youth for Equality has also sought the quashing of the Bill, stating that it violated the "equality code of the Constitution" as a reservation on economic grounds cannot be restricted to the general category.

By way of the present amendment, the exclusion of the OBCs and the SCs/STs from the scope of the economic reservation essentially implies that only those who are poor from the general category would avail the benefits of the quotas, the organisation has contended.

(This story has not been edited by Business Standard staff and is auto-generated from a syndicated feed.)

First Published: Tue, March 12 2019. 15:07 IST