Top Court to take Call on March 28 Whether to Send Pleas Challenging 10% Quota to Constitutional Bench

Supreme Court
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The Apex Court on Monday decided to take up the plea challenging 10 per cent Quota to EWS of General Category to see if it needs to send it to Constitutional Bench or not. The Top Court Bench headed by Chief Justice of India Ranjan Gogoi scheduled the hearing on the question of reference to the Constitutional Bench for March 28.

However, Top Court refused to pass any interim order in the case.

The Issue of sending the case to the larger bench arise after Rajeev Dhawan said that it breaches 50% ceiling imposed by the Apex Court while highlighting the 9 Judge Bench Decision of 1992.

One of the Petitioner in the case, Tehseen Poonawala has challenged the 103rd constitutional amendment saying it was against the basic structure of Constitution The petition filed by Tehseen Poonawala further stated that the 50 per cent ceiling limit cannot be breached. The Constitution does not allow to grant reservation based on economic criteria.

Several pleas of the same issue have been filed against the amendment in the Top Court. A similar petition filed by the NGO, Youth for Equality, earlier stated that amendment brought up by the Central government granting 10 per cent reservation to the upper castes violates several basic features and structures of the constitution.

Earlier on January 25, The Top Court issued a notice to Centre on bunch pleas challenging the constitutional amendment that grants 10 per cent reservation to EWS of General Category. However, the top Court refused to put stay on the implementation of 10 per cent reservation to the economically weaker section of the general category. A bench of CJI Ranjan Gogoi said “we will examine the issue.

A bench led by Chief Justice of India Ranjan Gogoi while hearing the plea filed by NGO, Youth for Equality, gave the Centre four weeks to respond on a batch of petitions that sought the quashing of the amendment.

Rajya Sabha had on January 10 cleared the passage for the passage of the bill granting 10 per cent reservation to EWS of the general category.10% general reservation for EWS bill gets Rajya Sabha approval too, step away to become law

While Lok Sabha approved the bill to provide 10% quota for EWS in general category with majority ayes in the Lok Sabha on January 9.

Despite many Opposition Parties terming it as an electoral stunt, “political gimmick”, almost all backed the bill in Parliament. The Centre’s move is seen as an attempt to address grievances of the upper castes ahead of 2019 General Elections.



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