A petition, finally, has been filed in the Supreme Court against Reservation Quota Bill. The petition is challenging the bill that reserves ten per cent quota for economically challenged upper castes.
It is filed by a person named Dr Kaushal Kant Mishra and a group called Youth for Equality. The petition states that the amendment bill violates the cap of maximum 50% reservation set by the Supreme Court in a judgement.
The petitioners are saying that every provision in the bill is violating the basic feature of our constitution and hence should not be allowed. The Supreme Court had set certain rules and measurements in the process of lawmaking regarding reservation in accordance with the basic features of India.
The bill has four main features which assure reserved seats of economically challenged people only in the general category; excluding Scheduled Castes, Scheduled Tribes and Other Backwards Classes.
The amendment bill also includes private educational institutes. It says that every education institutions, be it private or public, has to reserve 10 per cent seats for the economically challenged people coming from a certain community of the society.
The petition filed by the Youth for Equality argues that seats shall not be reserved only for the upper castes/ general category, but rather should include all communities.
Such kind of petition was expected from law experts as the bill goes against the Supreme Court’s verdict. But they fear that the Supreme Court has nothing to do with it until it is under parliament. Judiciary can only judge a bill when it is passed by legislation.
The arguments given by the petition are as follow: