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Quotas again
Universal education is the only tool for diffusing caste privilege
Come elections, and the issue of reservations spills on to the streets, besides echoing in courtrooms. Behind the din, the substantive questions are often lost. This week, a five-judge Constitution Bench of the Supreme Court takes up the breach of the 50 per cent ceiling on reservation in the ongoing Maratha reservation case. The specific appeal is against a judgment of the Bombay High Court that upheld the validity of the Maharashtra State Socially and Educationally Backward Classes (SEBC) Act that provided reservation to Marathas in public and private educational institutions. The substantive question that the apex court is considering is about whether the Constitution (102nd) Amendment curtails the power of the States to extend reservation to SEBCs and if the Indra Sawhney judgment, that capped all reservation at 50 per cent, needs to be re-examined. There are several States including Haryana, Telang
March 14, 2021
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“The courts have always remained vigilant and controlled any excesses committed by Parliament even in its constituent capacity and I pray that the courts continue to remain vigilant,” said Justice Rohinton Nariman, Judge, Supreme Court of India.
Delivering the first MK Nambyar Memorial lecture on the first Amendment of the Indian Constitution, organised by SASTRA Deemed University School of Law, he stressed on the fertilisation of fundamental rights and traversed the Constitutional journey of Articles 19, 21, 22, 31(A)& 31(B) and 46, with references to the Romesh Thappar, Brij Bhushan, Motor Transport Nationalisation, Champakam Dorairajan and the Zamindari Abolition Act cases.
Nambyar’s contributions
How the Supreme Court Blocked Attempts to Dilute Merit Under the Open Category
In Saurav Yadav v State of Uttar Pradesh, the apex courtâs three-judge bench explained how merit is served by permitting candidates belonging to reserved categories compete with âgeneralâ candidates.
Photo: Pariplab Chakraborty
Last Fridayâs judgment by a three-judge bench of the Supreme Court in
Those who oppose reservations of any kind are inclined to find merit in the argument that reservations per se are opposed to merit, and therefore, likely to compromise efficiency in public service. Therefore, the critics of reservation are likely to endorse the view that the open category, which is free of reservation of any kind, must be available only to candidates who are not the beneficiaries of any reservations, so that merit is accommodated to the extent possible.