Madras HC issues notice to Centre on DMK’s plea against 10% quota

Chennai, Jan 21: The Madras High Court on Monday issued a notice to Central and state governments to reply before February 18 on 10 per cent reservation for economically weaker section in general category.

The high court's notice came on a plea by the Dravida Munnetra Kazhagam (DMK) on January 18 that the government's decision "offends" the basic structure of the Constitution.

"Therefore, essentially, the exception to the equality clause is only available to those communities which were ostracised for centuries in matters of education and employment. Economic criteria has been, however, used as a filter to exclude the creamy layer, persons belong to the backward classes but who are economically advanced," DMK organising secretary R S Bharathi said in the petition.

"Hence, application of economic criteria solely is not contemplated as an exception to the rule of equality and consequently to provide reservation solely on economic criteria offends the basic structure of the Constitution," he added.

Besides the Dravida Munnetra Kazhagam, Youth for Equality, an anti-reservation organisation, had moved the Supreme Court against the bill a day after Parliament passed it. The organisation, in its petition, said the amendment violates the basic features of the Constitution and economic criterion cannot be the sole basis for reservation.

The Constitution (One Hundred and Twenty-Fourth Amendment) Bill, 2019, was passed 323-3 in the Lok Sabha on January 8 and was approved the following day in the Rajya Sabha. The legislation seeks to provide 10% reservations in aided and unaided institutions to the economically backward from upper castes.