Quota without data: The Hindu Editorial on reservation policies
3 years, 4 months ago

Quota without data: The Hindu Editorial on reservation policies

The Hindu  

An exclusive internal quota for a single caste group was always fraught with the danger of judicial invalidation. The court’s foremost reason is that the State Assembly lacked the legislative competence to enact the law in February 2021, at a time when the Constitution 102nd Amendment, conferring exclusive power to identify backward classes on the President, was in force. The Bench of Justices M. Duraiswamy and K. Murali Shankar, also ruled that identifying one caste as a separate group for creating an exclusive quota, without any quantifiable data on its backwardness relative to others, amounted to giving reservation solely on the basis of caste and, therefore, impermissible under the Constitution. The court also rejected the comparison with the sub-quotas enjoyed without hindrance by Backward Class Muslims and Arundhatiyars, a Scheduled Caste, noting that these two measures were backed by Census data and valid recommendations. What may cause some concern is that the court has said changes in the existing 69% quota classification cannot be made without amending the State’s 1994 reservation protection law, which received the President’s assent and was also included in the Ninth Schedule to put it beyond judicial review.

History of this topic

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