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Centre tells Supreme Court 50% ceiling of reservation is not sacrosanct

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New Delhi, Sep 07: Attorney General (AG), K K Venugopal told the Supreme Court that the 50 per cent cap on reservation is not sacrosanct. He made the submission while defending the central law on 10 per cent quota benefits to the economically weaker sections.

The stand by the Centre could change the paradigm that has governed reservations in India, preventing states from enforcing quotas that take the proportion above the 50 per cent mark which was laid down by the Supreme Court in 1992.

Attorney General (AG), K K Venugopal

The Preamble of the Constitution provides for the upliftment of EWS the AG said while emphasising that it could be through reservations in educational institutions, posts in public employment and a series of welfare measures that the State is bound to hold out for its weaker sections of society.

In his written submissions before a Constitution Bench headed by Chief Justice of India U U Lalit the AG maintained that the 103rd Constitution amendment of 2019 that provides for 10 per cent reservation for EWS is perfectly valid in relying on the economic criteria which has been affirmed judicially as a relevant factor for the determination of social and educational backwardness.

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"The very preamble to the Constitution declares India to be a sovereign, socialist, secular, democratic republic where justice: social, economic and political, as well as equality of status and of opportunity are to be established in addition to promoting fraternity, assuring the dignity of individuals and unity and integrity of the nation. These solemn promises alone to the Constitution would require to provide for the upliftment of economically weaker sections," the AG said in his written reply.

"All these provisions taken together would now have to be dealt with as one single approach of the State intended for the upliftment of the weaker sections of the society, which include all these three classes, namely socially and educationally backward classes, the Scheduled castes and Scheduled Tribes and now the economically weaker sections," Venugopal further added.

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