The Supreme Court today refused to stay the executive order of the Centre implementing the law providing for 10 per cent quota for the poor in jobs and higher education. A Supreme Court bench led by Chief Justice of India Ranjan Gogoi issued notice to the Centre seeking response in four weeks.
The Apex Court also refused to pass orders to the effect that whatever appointments they make under the new reservation policy would be subject to the outcome of the case before it. “We are examining the matter,” said the Supreme Court bench.The matter would be heard after the pleadings are complete.
The court was hearing a public interest litigation (PIL) challenging the recently enacted law to provide 10 per cent reservation in government jobs and higher education to economically weaker sections from unreserved, otherwise referred to as general category.
The petition challenging the Constitution (103rd) Amendment Act was filed by an NGO, Youth for Equality and it contends that the law alters the “basic structure” of the Constitution.
The petition cites a Supreme Court order by a nine-judge bench in 1992 Indra Sawhney case stating that economic backwardness cannot be the basis of reservation in jobs and education. “Such an Amendment is hence, vulnerable and ought to be struck down as it merely negates a binding judgement,” says the PIL.