New Delhi: Two of Supreme Court judges, while upholding the 10% quota for economically weaker sections (EWS), observed that there must be a time-limit for reservations.
"I have said what was envisioned by the framers of the Constitution and what was proposed by the Constitution Bench in 1985 and what was sought to be achieved on the completion of 50 years of the advent of the Constitution that the policy of reservation must have a time span has still not been achieved even at this stage, that is the completion of 75 years of our independence", Justice Trivedi observed as part of her verdict.
It cannot be said that the age-old caste system was responsible for the origination of reservation in the country. It was introduced to address the historic injustice faced by persons belonging to SC, ST, and other backward classes to provide them a level playing field. However, at the end of 75 years of independence, we need to revisit the system of reservation in the larger interests of the society as a step forward towards transformative constitutionalism", Justice Trivedi added.
.jpg.transform/170x160/image.jpg "EWS quota from 50% general category doesn't erode SC/ST/OBC reservation: Centre")
The present time line for the quota for SC/STs in legislatures is 2030. The representation for Anglo Indian community in the Parliament and the State Legislative Assemblies has already ceased after the 104th Constitution Amendment. Justice Trivedi expressed that if similar time line is provided for the reservations provided for SC/ST/OBC categories under Article 15 and 16 of the Constitution, it will lead to "an egalitarian classless and casteless society".
Agreeing with the majority to uphold the 10% reservation, Justice Pardiwala said that reservation cannot go on for an indefinite period so as to become a "vested interest".
"Reservation is not an end, but a means to secure social end economic justice. Reservation cannot be Justice Pardiwala quoted Dr BR Ambedkar to state that the idea was to bring social harmony by introducing reservation for only ten years. However, it has continued past 7 decades.
"Reservation should not continue for an indefinite period of time so as to becomes a vested interest", Justice Pardiwala stated.
Justice Pardiwala quoted Dr BR Ambedkar to state that the idea was to bring social harmony by introducing reservation for only ten years. However, it has continued past 7 decades. "Reservation should not continue for an indefinite period of time so as to becomes a vested interest", Justice Pardiwala stated.
(With Live Law inputs)
