Another petition filed in SC against EWS quota

The Indian Express: 22.1.19

One more petition filed on Tuesday in the Supreme Court has challenged the Centre’s decision to grant 10 per cent quota to economically weaker sections in the general category.

Backwardness for the purpose of reservation cannot be defined by “economic status alone”, contended the plea by political activist Tehseen Poonawalla challenging the Constitution (103rd Amendment) Act, 2019.

“The Constitutional amendment formally violated the law laid down by the Supreme Court’s 1992 ruling in Indira Sawhney case…and the principle that backwardness for the purposes of reservation cannot be defined on economic status alone but must be rooted in social exclusion,” the plea said, pointing out the 1992 apex court verdict in the Mandal case where it ruled that overall reservation cannot exceed 50 per cent.

The latest amendment had violated the 50 per cent ceiling and reservation now stands at 60 per cent, the plea states.

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