SC declines stay on 10% quota

SC declines stay on 10% quota

1.The Supreme Court has declined to order a stay on the Centre’s decision to grant 10% reservation in jobs and educational institutions to economically weak sections in the general category.

2.The petitioners has sought the quashing of the bill due to following reasons
a) The economic criterion cannot be the sole basis for reservation.
b) The bill violates basic feature of the Constitution as reservation on economic grounds cannot be limited to the general category.
c) The overall 50 percent ceiling limit cannot be breached which violated the decision of the apex court in Indra Sawhney judgement,1993.
d) The State’s reservation policy cannot be imposed on unaided educational institutions, and as they are not receiving any aid from the State, they can have their own admissions provided they are fair, transparent, non-exploitative and based on merit.

3.The Parliament have passed the 124th Constitution Amendment Bill (10% Quota Bill) to provide for 10% reservation for economically weaker sections (EWS) among the general category candidates in higher education and government employment.

4.The Act amends Articles 15 and 16 of the Constitution by adding clauses empowering the government to provide reservation on the basis of economic backwardness.