Reservation an Exception

Why in news
  • A three-judge Bench is examining number of petitions filed in SC challenging the validity of a constitutional amendment for providing 10% economic quota in government jobs and educational institutions.
More in news
  • What petitioners have to say
(1) Economic reservation violated the 50% reservation ceiling limit fixed in the 1992, IndraSawhney case.
(2) The 1992 Judgment also barred reservation solely on economic criterion.
  • SC point of View
(1) Excessive quota will impinge upon the right to equal opportunity.
(2) Excessive quota is a result offorward classes; especially those not entitled for are gaining benefits of reservation.
(3) Reservation itself is an exception intended to achieve equality of opportunity.
  • IndraSawhney Case Judgment
(1) Backward class cannot be determined only and exclusively with reference to economic criterion.
(2) Economic criterion may be a consideration in addition to social backwardness but it can’t be the sole criterion.
  • 103rd Amendment Act 2019
(1) It provides for 10% reservation in government jobs and educational institutions for the economically backward in the unreserved category.
(2) The Govt is of the opinion that10% economic quota is a move towards a classless and casteless society.
Source
The Hindu




Posted by Jawwad Kazi on 31st Jul 2019