• Welcome to OnlyTech Forums
    An online community for the tech enthusiasts!
    Log in or Register

Breaking Modi Cabinet approves 10 % reservation for economically backward upper caste sections (Parliament Passes Constitution Amendment Bill)

Anish Pai

Member
Joined
1 May 2011
Messages
2,568
Reaction score
2,889
Was very much on the cards!

Yes, But the petitioner says that Economical backwardness cannot be sole basis for reservation. Like as tough Caste was the only basis. :blush:

SC will only dismiss his plea. As 10% Quota now has a constitutional backing.
 

telugurocks

Member
Joined
2 Dec 2016
Messages
414
Reaction score
486
Yes, But the petitioner says that Economical backwardness cannot be sole basis for reservation. Like as tough Caste was the only basis. :blush:

SC will only dismiss his plea. As 10% Quota now has a constitutional backing.
before last election Andhra Pradesh Reorganization bill was passed, this time EBC bill is passed without doing proper home work. already we can see the result of Newly Separated state condition(as revenue wise and central government fund issues almost 75000 crores central government has to pay state government), the same way this bill also will rose so many issues in future. on front end this bill details can understand by educational peoples. the same way other will may rise so many issues(rumors).
 

Last edited:

piinku1

Contributor
Joined
26 Mar 2012
Messages
2,709
Reaction score
2,110
Yes, But the petitioner says that Economical backwardness cannot be sole basis for reservation. Like as tough Caste was the only basis. :blush:

SC will only dismiss his plea. As 10% Quota now has a constitutional backing.
Wait for the verdict.
Earlier these type of things have been struck down. SC have the power to review the anything passed by legislative.
 

barryallen

Member
Joined
2 Jan 2019
Messages
21
Reaction score
45
Yes, But the petitioner says that Economical backwardness cannot be sole basis for reservation. Like as tough Caste was the only basis. :blush:

SC will only dismiss his plea. As 10% Quota now has a constitutional backing.
Bro SC has said earlier in Indra Sawhney judgement that economic backwardness cannot be "sole" criteria for backwardness and Reservation can only be given on social and educational backwardness. So let's see how this pans out. Let the court decide
 

Anish Pai

Member
Joined
1 May 2011
Messages
2,568
Reaction score
2,889
Wait for the verdict.
Earlier these type of things have been struck down. SC have the power to review the anything passed by legislative.

Yes what u say is true only in the normal bills which SC an review:

Remember the 42nd Amendment passes in 1975 (Emergency time) was out of SC perview

Yesterday in parliament this issue was taken for debate, "What if SC strikes it Down", then someone said when PV Narsima Govt moves a similar law, that time they passes it as an Executive order (normal bill). hence since no such clause was found in constitution it was declared null and void.

This time its passed by amending Article 15 and 16 of Constitution. SC will see that Constitution allows such a quota so it wont be strike down.
 

Anish Pai

Member
Joined
1 May 2011
Messages
2,568
Reaction score
2,889
Bro SC has said earlier in Indra Sawhney judgement that economic backwardness cannot be "sole" criteria for backwardness and Reservation can only be given on social and educational backwardness. So let's see how this pans out. Let the court decide

Bro, read this

The P V Narasimha Rao government in 1991 introduced a 10% quota for the “economically backward sections” among the forward castes. The Supreme Court struck this down in the Indra Sawhney vs Union of India case, where it held that the Constitution recognized only social and educational — and not economic — backwardness.

Thats why the constitution is amended to allow 10% quota on Economical basis.
 

barryallen

Member
Joined
2 Jan 2019
Messages
21
Reaction score
45
Bro, read this

The P V Narasimha Rao government in 1991 introduced a 10% quota for the “economically backward sections” among the forward castes. The Supreme Court struck this down in the Indra Sawhney vs Union of India case, where it held that the Constitution recognized only social and educational — and not economic — backwardness.
Correct. Also according to Keshavnanda Bharti judgement you can't alter the "basic structure" of constitution. So constitutional amendment to article 15 and 16 can be struck down. We never know
 

Anish Pai

Member
Joined
1 May 2011
Messages
2,568
Reaction score
2,889
Correct. Also according to Keshavnanda Bharti judgement you can't alter the "basic structure" of constitution. So constitutional amendment to article 15 and 16 can be struck down. We never know

SC has not defined what Basic Structure means.

parliament can as per power under Article 368 amend any part of the Constitution. Our founding fathers of the constitution said the power of parliament to amend the constitution is unlimited as The Parliament takes up the power of the constituent assembly when amending the constitution.

Thats what 42nd Amendment by Indira Govt in 1975 during Emergency survived the SC preview.
 
Top Bottom