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The Supreme Court on Monday refused to stay Constitution Amendment that gives 10 per cent reservation in jobs and education for economically weaker section (EWS) of the general category.

However, a bench headed by Justice SA Bobde and also comprising BR Gavai adjourned the bunch of pleas challenging the amendment giving 10 per cent reservation in jobs, education for EWS of the general category to July 16 and said that it will start hearing arguments from July 16 to examine whether interim order should be passed to delay the implementation of the 10 per cent reservation to EWS.

The petitioners have contended in the plea that the amendment infringed the “basic structure” of the Constitution as referred in a 1992 Supreme Court judgment that held that economic yardsticks cannot be the singular foundation of reservations under the Constitution.

“The amendment violates the 50 per cent ceiling determined by the 1992 judgment by a nine-judge Constitution Bench,” the plea contended.

—India Legal Bureau

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2 COMMENTS

  1. I think the original constitutional intent was to provide reservation for SC ST and that too for a period of 5 to 10 yrs..If extending the time frame till now and extending the benefits to OBC also can be legally accepted I think this EWS amendment may also be legally accepted ….If earlier caste was a cause of social backwardness,..I think now economic backwardness contributes to social backwardness ..

  2. Reservations in jobs and thereafter in promotions too is simply Stupid and that aspect is eating into efficiency is a Fact !!! Merit cannot be over ridden by any Legislative or Judicial Engineering …. It’s bound to fail as inherent design failure !!!

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