Petition challenging reservation on economic basis filed in SC

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File photo of the Supreme Court.

New Delhi, January 10: A day after ten percent reservation for those belonging to economically weaker section of society was approved by Parliament, the same has been challenged in the Supreme Court.

An NGO Youth for Equality has moved the Supreme Court challenging the Constitution (103rd) Amendment Act, 2019 which proposes the said reservation.

The petition states that the 2019 amendment, which has been passed by both the houses of the Parliament, violates several basic features of the Constitution.

The petition states that economic criteria cannot be the sole basis for reservations under the Constitution. The same has been held in the Constitution bench judgment in Indira Sawhney Vs. Union of India.

Further, the petition contends that 50 percent ceiling limit for reservation which has been laid down in M Nagaraj v. Union of India &Ors., cannot be breached as the same has been engrafted as a part of the basic structure of the Constitution’s equality code.

The petition also states that economic reservation if brought in cannot be limited to general category.