10% quota challenged in SC
- The plea said the Bill violates basic feature of the Constitution as reservation on economic grounds cannot be limited to the general categories and the 50% ceiling limit cannot be breached.
- The Rajya Sabha passed the Bill with 165 voting in its favour and 7 against, a day after the Lok Sabha had approved The Constitution (One Hundred and Twenty Fourth Amendment) Bill, 2019.
- The quota will be over and above the existing 50% reservation to SCs, STs and Other Backward Classes (OBCs).
- In Indra Sawhney vs Union of India, 1992, the Supreme Court capped caste-based reservation at 50%, ruling that “no provision of reservation or preference can be so vigorously pursued as to destroy the very concept of equality”.
- Since this Court has consistently held that the reservation under Articles 15(4) and 16(4) should not exceed 50% and the States and the Union have by and large accepted this as correct it should be held as constitutional prohibition and any reservation beyond 50% would liable to be struck down.
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