10% EWS Reservation: On DMK's Plea, Madras HC Issues Notice to Centre

Team SoOLEGAL 22 Jan 2019 12:30pm

10% EWS Reservation: On DMK's Plea, Madras HC Issues Notice to Centre

The Madras HC issued a notice to both Union Government and State Government in a petition challenging Constitutional Amendment providing for quota up to 10% for persons belonging to economically weaker sections (EWS).

R S Bharathi, Organizing Secretary of Dravida Munnetra Kazhakam (DMK)
had filed a petition with the Madras HC challenging the Constitutional Amendment providing 10% reservations for the general category.

The petitioner mentioned that It is well settled that the ceiling limit of 50 per cent in the reservation is also part of the basic structure and has been declared by the Apex Court in several cases. However, in Tamil Nadu, the ceiling limit is 69 percent due to the Tamil Nadu Backward Classes, Scheduled Castes and Scheduled Tribes (Reservation of Seats in Educational Institutions and of appointments or posts in the Services under the State) Act, 1993 which is placed in the IX Schedule.He further added that. legislations placed in the IX Schedule of the Constitution cannot be legally challenged. Hence, a reservation cannot be beyond 69% in the state. However, the recent amendments enable reservation to go up to 79% and the same is unconstitutional.

Additional Solicitor General G Rajagopal accused petitioner of filing the case with political motives and questioned the maintainability of the case when the DMK was very much a part of the process through which the Constitutional Amendment Bill was passed by Parliament.

A Division Bench of Justices S Manikumar and Subramanioum Prasad ordered notices to both Union Government and State Government in this matter. The Court directed ASG Rajagopal to puts all the objections of the Centre in writing by the next date of hearing.

Tagged: Justice S Manikumar   Justice Subramanioum Prasad   R S Bharathi   Dravida Munnetra Kazhakam   DMK   Madras HC   Centre   G Rajagopal  
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