SC says reservation has social, financial implications – TechInkers

The high court said the word reserve has different meanings, such as social and financial emancipation, and refers to sections that have been oppressed for centuries. A five-judge Constitution tribunal, headed by Chief Justice Uday Umesh Lalit, said the reservations were given to those who have been stigmatized because of caste and occupation for centuries and that structures such as scholarships for the Tuition and free education could have been provided to EWS in the upper castes without the government. “Booking problem.”

“When it comes to other reserves, it’s lineage. This delay is not temporary. On the contrary, it lasts for centuries and generations. But the economic backlog could be temporary, “said the bench.

Attorney General Tushar Mehta, representing the Center, defended the 103rd Constitutional Amendment stating that a 10% share for general-class SAPs provided a 50% reserve available for SC, ST and OBC and without interrupting parliamentary acquaintances Is. The motion to change the constitution cannot be rejected without proving that it violates the fundamental structure of the Constitution.

“The other side is not denying that those struggling or suffering from poverty in this unrestricted class need support. There are no doubts. What is offered is that you can try to improve this class by giving them enough opportunities at a threshold level such as level 10 2 … give them a scholarship Give them the freedom so they have a chance to learn, educate themselves or to grow up.

The court noted that the reserve as a traditional concept has different meanings and connotations and is not just about financial emancipation, but about social and political emancipation. “It allows the disadvantaged section to become part of the government apparatus. So, there are many other aspects of the booking that not only seek to improve the economic situation … but, here is only one aspect that seeks to improve the economic situation. it is the status of the general male or female category. You could have done something else. Why do you have to get involved in this booking problem, “she said.

The attorney general has long debated the power of the state to take affirmative action to elevate the poor into the general class and said that the constitutional amendment further strengthens the fundamental trait of the constitution and that its validity is verified on the basis of some data. It can not be done.

“When analyzing the basic structure, the main guide is the preamble. Bearing in mind the preamble of the Constitution, the amendment does not destroy infrastructures, rather it strengthens them by giving equitable justice to those who are opposed to affirmative actions such as the reserve. The beneficiary was not there, “the court official said.

Meanwhile, the bench will resume the hearing on 27 September. He had asked the Center several questions on Wednesday about EWS admissions and the 10% stake in government jobs, saying the “pie game” of 50% of the general seats available for OBCs above the creamy layer has now fallen. 40% has been achieved.

(with PTI voices)