Supreme Court to hear plea against 10 per cent quota bill on April 8

New Delhi: The Supreme Court on Thursday adjourned for April 8 a bunch of pleas challenging the Constitution Amendment that gives 10 per cent reservation in jobs and education for economically weaker section of the general category.

Senior advocate Rajeev Dhavan, appearing for one of the petitioners, told the bench of Justice S A Bobde and Justice S Abdul Nazeer that court should not delay the case, as this will lead to "massive appointments."

Dhavan also sought setting up of Constitution Bench to hear the case saying the issue involves basic structure and will have to be heard by five-judge Constitution Bench.

On March 11, the court had said that it will decide whether the pleas challenging the Constitution Amendment could be heard by Constitution Bench.

Earlier, the apex court had refused to stay the implementation of 10 per cent reservation given to the economically weak in jobs and education.

The court was hearing pleas filed by many individuals and NGOs.

One of the petitions filed by Tehseen Poonawala challenged the 103rd Constitutional amendment saying it was against the basic structure of the Constitution, which does not allow for any reservation based on economic criteria.

The 50 per cent ceiling limit cannot be breached, stated the plea.

An organisation, Youth for Equality, had also sought the quashing of the bill, stating that it violated the "equality code of the Constitution" as reservation on economic grounds cannot be restricted to general category.

By way of the present amendments, the exclusion of the OBCs and the SCs/STs from the scope of the economic reservation essentially implies that only those who are poor from the general categories would avail the benefits of the quotas, the organisation had contended.

"Taken together with the fact that the high creamy layer limit of Rs 8 lakh per annum ensures that the elite in the OBCs and SCs/STs capture the reservation benefits repeatedly, the poor sections of these categories remain completely deprived. This is an overwhelming violation of the basic feature of equality enshrined in Article 14 of the Constitution and elsewhere," the petition had stated.