Too much quota may impact right to equal opportunity Supreme Court .

GS-II: Too much quota may impact the right to equal opportunity Supreme Court

Context

The Bench is examining whether to refer to a Constitution Bench a batch of petitions challenging the validity of a constitutional amendment providing 10% economic quota in government jobs and educational institutions.

Why issue over Quota?

The Supreme Court orally remarked that excessive quota may impact the right to equal opportunity guaranteed under the Constitution.
The court said quota benefits given to the most “forward” classes, especially to those who had no qualification whatsoever, would result in “excess” reservation and breach equality.
Reservation itself is an exception. Reservation is intended to achieve equality of opportunity.

Referring Indra Sawhney case

The economic reservation violated the 50% reservation ceiling limit fixed by a nine-judge Bench in the Indra Sawhney case.
Further, the 1992 judgment had barred reservation solely on economic criterion.
In a 6:3 majority verdict, the apex court, in the Indra Sawhney case, had held that “a backward class cannot be determined only and exclusively with reference to economic criterion.
It may be a consideration or basis along with and in addition to social backwardness, but it can never be the sole criterion.

Issue over economically backward quota

After a gap of 27 years, the Constitution (103rd Amendment) Act of 2019 has provided 10% reservation in government jobs and educational institutions for the “economically backward” in the unreserved category.
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.
This 10% economic reservation is over and above the 50% reservation cap.
The government however has justified to the apex court that the 10% economic quota law was a move towards a classless and casteless society.
It said the law was meant to benefit a “large section of the population of 135 crore people” who are mostly lower middle class and below poverty line.

Source: The Hindu

Join Our Telegram

Government introduces Bill to amend RTI Act, opposition protest

Regulatory Sandbox

Anti-Defection Law in India

18 Mar, 26
SHARE

The Supreme Court of India recently gave a final three-week deadline to the Telangana Assembly Speaker to decide pending disqualification petitions against defecting MLAs under the Anti-Defection Law. What is the Anti-Defection Law? The Anti-Defection Law was introduced through the 52nd Amendment (1985), which added the Tenth Schedule to the

Rat-Hole Mining

18 Mar, 26
SHARE

A major disaster unfolded in East Jaintia Hills, Meghalaya, when at least 18 workers died following an explosion in an illegally operating rat-hole coal mine. This incident highlights the continued prevalence of rat-hole mining despite bans imposed by the National Green Tribunal (NGT) and the Supreme Court of India. Rat-hole mining is driven

India’s Aviation Sector

17 Mar, 26
SHARE

India’s aviation sector has grown rapidly, becoming a major economic success story. However, regulatory oversight has not evolved at the same pace. Data-driven monitoring of fares and market behavior is essential to ensure fair competition, prevent market abuse, and shift from reactive crisis management to proactive regulation. Challen

Federalism in India

14 Mar, 26
SHARE

Recently, a high-level committee on Union–State relations submitted its first report to the Government of Tamil Nadu. The report examines the distribution of powers and responsibilities between the Union and the States, highlighting ongoing debates regarding the balance between central authority and state autonomy. This discussion is clos

India–UAE Economic Partnership

14 Mar, 26
SHARE

The relationship between India and the United Arab Emirates has evolved from a traditional energy-based partnership into a comprehensive economic and strategic relationship. Over the years, strong political trust, growing trade, and expanding investments have transformed bilateral ties into a diversified economic corridor. The economic partnership