The petition said that in the 1992 decision in Indra Sawhney Vs. Union of India, popularly known as the Mandal Commission case, a Constitution Bench of the court had \u201cspecifically stated that the economic criteria cannot be the sole basis for reservation under the Constitution.\u201d<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/aside>\n
\u201c\u2026such an Amendment is hence, vulnerable and ought to be struck down as it merely negates a binding judgement,\u201d it said.<\/p>\n
The NGO contended that the policy was also violative of the equality principle enshrined in Article 14 of the Constitution. \u201cBy 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. 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,\u201d the petition said.<\/p>\n
The petition pointed out that the court, in its 2006 judgment in M Nagaraj Vs. Union of India & Ors had said that reservation should not breach the 50 per cent ceiling.<\/p>\n
The Nagaraj judgment also required that in order to impose reservation, there must be some sort of quantitative exercise undertaken in advance.<\/p>\n
\u201cThere has been absolutely no such attempt made to arrive at the ad-hoc 10% figure\u2026\u201d, the NGO contended.<\/p>\n
Alleging that the Bill was brought with an eye on the vote bank, the petition said, \u201cInstead of exploring other alternatives as directed by this Hon\u2019ble Court, the Respondents have taken to amending the Constitution repeatedly so that a populist measure can be permitted to flourish with a clear eye on the vote bank,\u201d it said.<\/p>\n
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