An all Legislative party meeting chaired by Tamil Nadu Chief Minister M K Stalin on Saturday said it "rejected" the 103rd Constitutional Amendment providing 10 per cent EWS quota by the Centre, saying it created "caste-discrimination" among the poor. The meeting, boycotted by Principal opposition AIADMK and its ally BJP, urged the state government to "strongly" register its opinions when a review petition is filed. The ruling DMK has already announced it will file a review petition against the November 8 five-judge Supreme Court bench upholding the 10 per cent reservation for the Economically Weaker Sections (EWS). The quota was upheld 3-2 by the bench. "We reject the 103rd Constitutional Amendment providing 10 per cent reservation to castes that have progressed since it is against the social justice envisioned by the Constitution, against various Apex court verdicts, and for creating caste discrimination among the poor," the all-party meeting resolved on Saturday. "When a review
Justices Dinesh Maheshwari, Bela M. Trivedi, and J.B. Pardiwala upheld the validity of the EWS quota
There cannot be any "cut-and-dried formula" or "theorem" that gives an answer whether a Constitution amendment violates the basic structure, Supreme Court judge Justice Dinesh Maheswari said while upholding the EWS quota. The top court in a 3:2 majority decision upheld the 10 per cent reservation for economically weaker sections (EWS) in admissions and government jobs that excluded the poor among the Scheduled Castes (SC), Scheduled Tribes (ST) and Other Backward Classes (OBCs) categories. Justice Maheswari, who along with justices Bela M Trivedi and J B Pardiwala upheld the 103rd Constitution amendment, said, "It is beyond doubt that using the doctrine of basic structure as a sword against the amendment in question and thereby to stultify the State's effort to do economic justice as ordained by the Preamble and DPSP and, inter alia, enshrined in Articles 38, 39 and 46, cannot be countenanced." Achieving "social, economic and political justice" is the real and substantive equality,
Reservation is an instrument of affirmative action to ensure an all-inclusive march toward the goals of an egalitarian society, the verdict says
It is unclear how far the state can fulfil its obligations to EWS families when more jobs are created in the private sector
The reservation quota for the Pahadi community "will not affect the reservation for Gujjar and Bakerwal community under the Scheduled Tribes category," Amit Shah said
The Chhattisgarh High Court on Monday set aside the state government's 2012 decision to raise the quota to 58 per cent in government jobs and admissions in educational institutions and held the reservation exceeding the 50 per cent ceiling is unconstitutional. The division bench of Chief Justice Arup Kumar Goswami and Justice P P Sahu delivered the verdict on petitions challenging the state government's decision to amend the reservation rules in 2012 when the BJP was in power, said Mateen Siddiqui, the counsel for one of the petitioners. According to the 2012 amendment, the quota for Scheduled Castes was slashed by 4 per cent to 12 per cent, while reservation for Scheduled Tribes was increased by 12 per cent from 20% to 32%. The OBC reservation was kept unchanged at 14 per cent, he said. After the amendment, the cumulative reservation in the state went up to 58 per cent breaching the 50 per cent ceiling limit, he said. In the same year, Guru Ghasidas Sahitya Samiti and other ...
Validity of the 10% quota for people belonging to economically weaker sections is under scrutiny now. The case is being heard by the Constitution bench of the Supreme Court of India. Here's more
The 103rd amendment act provided a 10 per cent quota in educational institutes and government jobs to economically weaker sections (EWS) of the society
Dr. G Mohan Gopal said the EWS reservation was an attack on the constitutional vision of social justice
A Constitution bench of Chief Justice of India UU Lalit and Justices Dinesh Maheshwari, S Ravindra Bhat, Bela M Trivedi, and JB Pardiwala said this on Thursday
The Supreme Court on Thursday fixed three broad issues for adjudication arising from the pleas challenging the Centre's decision to grant 10 per cent reservation to EWS in admissions and jobs. It will also decide whether the Constitution (One Hundred and Third Amendment) Act breached the doctrine of the basic structure of the Constitution by allowing the state to make such special provisions. A five-judge Constitution bench headed by Chief Justice Uday Umesh Lalit said the three issues suggested by Attorney General K K Venugopal for the decision "broadly" covered all the aspects relating to the petitions on the constitutional validity of the decision to grant the reservation. "Whether the 103rd Constitution amendment Act can be said to breach the basic structure of the Constitution by permitting the State to make special provisions, including reservation, based on economic criteria," read the first issue framed. The second legal question was whether the constitutional amendment cou
Constitution amendment in 2019 allows people from Economically Weaker Sections to avail themselves of reservation in jobs and educational institutions
Karnataka CM said his government will provide two per cent reservation in all state departments to sportspersons on the lines of the existing quota in the police and forest department
The Commission was set up by the President under the Article 340 of the Constitution to sub-categorise OBCs so that the benefits of reservation reach all of them
The Supreme Court said that OBC category candidates are required to be adjusted against the general category who were more meritorious than the last of the general category candidates appointed
The government official further informed that the discretionary quotas had also distorted the overall percentage of SC/ST/OBC reservations in the schools
'Backward classes were denied rightful political representation due to a lack of reservation in politics, it will be against Social Justice if they again lose their reservation due to the SC order'
A bench of Justices L. Nageswara Rao and B.R, Gavai said: 'If the matters are pending before other high courts, we can hear the larger issue after calling for the papers from high courts...'
Solicitor General Tushar Mehta, appearing for the state government, urged the bench that the matter was urgent and may be listed for hearing on Tuesday