Centre says no 50% ceiling for quotas to help the poor

The Supreme Court on Wednesday reserved its order on whether to refer a batch of petitions challenging the Centre’s decision to allow 10% reservation in education and jobs for economically weaker sections, to a Constitution bench.

A three-judge bench led by Justice SA Bobde told attorney general KK Venugopal that the petitions raised substantial questions of law that needed to be settled, indicating its willingness to let a larger bench hear the dispute. Venugopal told the bench that the Constitution Act, 2019, granting 10% reservation to EWS is intended to uplift around 200 million people who are still below the poverty line.

Parliament had passed law in January this year and was subsequently signed by President Ram Nath Kovind. The quota will be over and above the existing 50% reservation to scheduled castes, scheduled tribes and other backward classes. “Can the reservation exceed 50%? Can there be reservation only for the economically backward? These are points which raise substantial questions of law,” Justice Bobde said when Venugopal rejected the petitioners’ demand for a hearing before a Constitution bench.