The petitions say that the 10pc reservation takes the total count of reservation above 50pc, which was decided by the SC itself in 2006.
New Delhi: The Supreme Court on Friday refused to stay implementation of 10 per cent reservation to the economically weaker section of general category. A bench headed by Chief Justice of India Ranjan Gogoi said “we will examine the issue.”
The top court will hear the matter in four weeks.
The Supreme Court judges will hear a batch of petitions challenging the decision of giving this 10 per cent reservation for economically weaker sections, which takes the total quotas beyond the 50 per cent cap set by the Supreme Court.
The petitions say the top court's Mandal Commission verdict in 1992 had specifically stated that only economic criteria cannot be the sole basis for reservation under the Constitution of India. “Such an Amendment is hence, vulnerable and ought to be struck down as it merely negates a binding judgement,” the petitions also mention.
They also argue that, the Supreme Court said quota cannot exceed 50 per cent, fixed in the M Nagaraj case in 2006. So the new 10 per cent quota, adding on to the existing reservation is "unconstitutional and should be struck down".
The bill, to empower the economically backward sections of the society, irrespective of religion or caste came into force on January 9 when it was passed by the members of Rajya Sabha.
The Finance Minister Arun Jaitley backing up this bill had said, “The apex court had stated that the rule of 50pc [cap on reservations] applies only to reservation for backward classes... This bill is for social and economic justice.”