The Madras High Court ordered notice to the Central government on the constitutional amendment providing 10 percent reservation to ‘economically weaker’ sections of the General category. The Centre will have to reply to the notice by 18 February.
A division bench comprising Justice S Manikumar and Justice Subramonium Prasad heard the petition filed by Rajya Sabha MP and DMK organising secretary R S Bharathi, challenging the 10 percent quota and seeking to quash the constitutional amendment.
Appearing for the petitioner RS Bharathi, senior advocate P Wilson argued that the Supreme Court has already observed that any reservation on the basis of economic standing is against social justice. He pointed out that economic weakness is not a permanent situation and therefore having it as a criterion for reservation is wrong.
As per the constitutional amendment, the government can make laws for reservation for economically weaker sections as well as senior citizens. The Cabinet has said that the definition of an economically weaker section would be any family that earns less than Rs 8 lakh per annum.
However, Bharathi’s counsel submitted that 97 percent of the country earns less than Rs 8 lakh per year. He also argued that the constitutional amendments were rushed through the Parliament.
What Is the Argument Against the 10% Quota?
G Rajagopal, the additional solicitor general, who appeared for the Union government argued that R S Bharathi had no locus standi as he was not personally affected by the amendments. He further opposed the admission of the petition arguing that R S Bharathi, who is an MP and a member of a political party, had filed it for political gain. However, Wilson countered Rajagopal by stating that being an MP doesn’t disqualify one from challenging constitutional amendments.
The High Court admitted the case and posted it for hearing on 18 February.
The Constitution (124th Amendment) Bill, 2019 was passed in both Houses of Parliament in January, paving the way for 10 percent reservation in education and jobs for ‘economically weaker’ sections in the General category. The 10 percent quota is over and above the existing cap of 50% reservation for Scheduled Castes, Scheduled Tribes and Other Backward Castes.
Tamil Nadu is the only state that has 69 percent reservation for socially disadvantaged groups after passing a law that was included in the Ninth Schedule of the Constitution.
(This article has been produced in an association with The News Minute)
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