SC notice to Centre over Eswaraiah quota plea

  • | Tuesday | 12th February, 2019

Justice Eswaraiah urged the court to declare the 103rd amendment Act 2019 that brought in 10% quota on January 12, 2019 as unconstitutional. The Centre has never implemented the 27% reservations to BCs in education and employment sectors, he said. Constitution has not provided any provisions for the economically weak among the upper castes, he said.“This goes against the judgement of the Supreme Court in Indra Sawhney case,” he said. Discrimination in the name of caste, social backwardness, and lack of access to public resources are the key areas that will define backwardness, he said. “Let that be made public first to know who stands where,” he said.

HYDERABAD: The Supreme Court on Monday heard a plea filed by Justice V Eswaraiah, president of All India Backward Classes Federation, challenging Centre’s move to give 10% reservation to economically weak among upper castes, and tagged it along with all relevant pleas on the issue.Notices have been ordered asking the central government to explain its case.This comes at the backdrop of the Union government on Monday moving the Supreme Court urging it to transfer all cases before various high courts challenging the 10% reservations, to the apex court.In his plea, Justice Eswaraiah described the 10% quota as unconstitutional because it did not fulfil the eligibility criterion required for any social group. Discrimination in the name of caste, social backwardness, and lack of access to public resources are the key areas that will define backwardness, he said. Justice Eswaraiah urged the court to declare the 103rd amendment Act 2019 that brought in 10% quota on January 12, 2019 as unconstitutional. Constitution has not provided any provisions for the economically weak among the upper castes, he said.“This goes against the judgement of the Supreme Court in Indra Sawhney case,” he said. In order to ascertain who remained backward in the country, the Centre should first undertake a socio-economic caste census of all castes and communities in order to have data for proper, and fair implementation of reservations proportionate to the respective population in terms of the constitutional scheme, Justice Eswaraiah said.He also urged the court to direct the Centre to forthwith publish the socio-economic caste census of 2011, which was already enumerated for appropriate implementation of reservation. “Let that be made public first to know who stands where,” he said. The Centre has never implemented the 27% reservations to BCs in education and employment sectors, he said.

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