HC notice to Centre on DMK plea against 10% reservation

Chennai, January 21

The Madras High Court today issued a notice to the Centre to reply before February 18 on a DMK’s petition challenging 10 per cent reservation in employment and education to economically weaker section in general category.

A Division Bench comprising justices S Manikumar and Subranmonium Prasad rejected the contention by Additional Solicitor General G Rajagopalan that the petition filed by the Dravida Munnetra Kazhagam (DMK) was a “political interest litigation” and moved to push its agenda.

Earlier, the counsel for petitioner — DMK organising secretary RS Bharathi — submitted that reservations were not poverty alleviation programmes but more in the nature of social justice to uplift communities which have not had access to education or employment for centuries.

The ASG, who appeared for the Central Government, argued that the DMK was ideologically against certain communities and was opposing the 10 per cent economic reservation only to push its personal agenda.

Rajagopalan said the petitioner who lost opposing the amendment in one constitutional forum (Parliament) was now trying to misuse another constitutional forum (High Court) to push its agenda.

The Bench, however, rejected the contention that it was a political interest litigation and asked the ASG, “The Constitution talks about Scheduled Caste, Scheduled Tribe, most backward, backward and other communities. Who could be persons falling under other communities (mentioned in the amendment).”

In response, the ASG said the other communities were those which did not fall under the reservation category. Objecting to the ASG’s contentions, the petitioner’s counsel P Wilson alleged it was only the Union government which was opposing the plea.

Noting that in Tamil Nadu, the reservation ceiling limit was 69 per cent, he said under the recent Constitution (124th Amendment) Act, 2019, it would go up to 79 per cent and was unconstitutional.

The power to amend the Constitution was subject to the limitation that its basic feature cannot be destroyed by such amendments, he said. — PTI 

Bihar seeks legal opinion

• The Bihar Government is likely to implement reservation for economically weaker section of upper caste soon as legal opinion was being sought whether it could be brought in force with executive order or by legislation
• “We are seeking legal opinion on 10 per cent quota as it would be enforced in the state soon. It’s being looked into whether it could be enforced by executive order or it needs fresh legislation,” said CM Nitish Kumar after weekly public interaction programme (Samvad) held at his official residence in Patna on Monday tns