DMK challenges 10 percent EWS quota Bill; Madras HC seeks Centre’s response

The Madras High Court on Monday seeks Centre response over 10 percent quota for EWS of General Category. The Court has also issued a notice to central government seeking a reply on a petition filed by the DMK challenging the 10 percent reservation before February 18. ‘Tamil Nadu wants Rahul Gandhi as next PM’ says MK Stalin describes why he didn’t pitch for same in West Bengal rally

Madras High Court bench Judge Manimumar and Subramaniam lrasad heard the writ petition by DMK organizing secretary and Parliamentarian RS Bharathi. The Court has set a date of February 18 as the next date of the hearing for the case, according to counselors aware of the proceedings in the case at the Madras High Court on Monday. The Centre had argued that there may be political motivations behind the DMK’s move to approach the court, besides questioning the maintainability of the case.

The Bill that gets its approval from Rajya Sabha on January 9 was also passed by majority ‘ayes’ in Lok Sabha on Tuesday. Union Finance Minister Arun Jaitley speaking in the Lok Sabha rejected suggestions that the measure may fall foul of a Supreme Court judgment putting a cap of 50 percent and asserted that top Court has put a bar caste-based reservations, while the bill seeks quota for the economically weaker sections in the general category.

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

DMK had voted against the Bill in Parliament demanding that it should be sent to a Select Committee for further scrutiny.

In the Constitutional Amendment Bill introduced by Thaawarchand Gehlot, Minister of Social Justice and Empowerment, the Centre Government laid out it’s reasoning for the move: saying  ‘economically weaker sections of citizens were not eligible for the benefit of reservation. With a view to fulfill the mandate of article 46 [a Directive Principle, and to ensure that economically weaker sections of citizens to get a fair chance of receiving higher education and participation in employment in the services of the State, it has been decided to amend the Constitution.

Prior to this, NGO – Youth For Equality, had on January 11 moved to Top Court challenging the Bill granting 10 percent reservation to EWS of general category. Bill granting 10 percent reservation to EWS of general category challenged in Supreme Court

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