Chinmaya IAS Academy – Current Affairs Chinmaya IAS Academy – Current Affairs
Related Articles
A proposed law, which got Cabinet approval on Monday, to provide 10% reservation for upper castes (or the unreserved category) exclusively with reference to their economic backwardness may run into rough weather if challenged in the Supreme Court. A nine-judge Constitution Bench of the Supreme Court in the Indira Sawhney case of 1992 specifically answered the question “whether backward classes can be identified only and exclusively with reference to the economic criterion.” It categorically held that “a backward class cannot be determined only and exclusively with reference to economic criterion.” “It may be a consideration or basis along with, and in addition to, social backwardness, but it can never be the sole criterion. This is the view uniformly taken by this court…” said the majority judgment authored by Justice B.P. Jeevan Reddy, now retired. The Indira Sawhney judgment declared 50% quota as the rule unless extraordinary situations “inherent in the great diversity of this country and the people” happen. Even then, extreme caution is to be exercised and a special case should be made out. If the government proposes to bring a constitutional amendment to include the 10% quota for “unreserved economically weaker sections”, the 11-judge Kesavananda Bharati judgment may stand in the way. The judgment held that constitutional amendments which offended the basic structure of the Constitution would be ultra vires . Neither Parliament nor legislatures could transgress the basic feature of the Constitution, namely, the principle of equality enshrined in Article 14. The government, it is reported, proposes to bring the 10% over and above the 49% quota — 7% for Scheduled Castes, 15% for Scheduled Tribes and 27% for Socially and Educationally Backward Classes, including widows and orphans of any caste, which is permitted. But a total 59% (49%+10%) quota would leave other candidates with just 41% government jobs or seats. This may amount to “sacrifice of merit” and violate Article 14. This proposed Bill finds an echo in an ordinance promulgated in Gujarat in 2016. The ordinance provided 10% quota to upper castes there.
