Supreme Court handed over constitution bench ten percent reservation case to poor upper castes

The Supreme Court has submitted a petition challenging the constitution bench of five judges challenging the central government’s decision to provide ten percent reservation for upper caste poor for jobs on economic basis and admission to school and college. The bench headed by Chief Justice Sharad Arvind Bobde on Wednesday referred the matter to a larger bench and said that the constitution bench will now hear 35 petitions challenging the central government’s decision.

NGOs, including ‘Public Interest Campaign’ and ‘Youth for Equality’, have challenged the central government’s decision to give 10 percent reservation to the economically backward people in the general category. Earlier, the Supreme Court refused to stay the central government’s decision.

The central government had earlier defended its decision saying that under the Constitution (103rd Amendment) Act, 2019, 10 percent reservation has been made for those 20 crore people who belong to the general category and are financially backward. . This decision has been taken to bring them above the poverty line. Whereas the petitions opposing this decision have argued that the Constitution of India does not provide for reservation on economic grounds and on this basis it cannot be limited to general category only.

He cited the judgment of a nine-judge bench in the Indira Sawhney case of 1992, saying that the latest amendment violated the basic standards of the Constitution. Since the basis of reservation cannot be economical. Along with this, he has argued that this quota is also exceeding the existing 50 percent reservation given to Scheduled Castes, Scheduled Tribes and Other Backward Classes, which is illegal.