DMK (Dravida Munnetra Kazhagam) organising secretary and Rajya Sabha MP R S Bharathi Friday filed a writ petition in the Madras High Court challenging the constitutional amendment providing 10 per cent reservation in jobs and education for the economically weaker sections in the general category.
The 10 per cent reservation, passed in Parliament and accorded assent by the President, will be in addition to the existing cap of 50 per cent reservation for the Scheduled Castes, Scheduled Tribes and the Other Backward Classes, taking the total reservation to 60 per cent, as against the 50 per cent mandated by the Supreme Court in the Indra Sawhney case. Read in Tamil
Tamil Nadu is unlikely to implement the law, with both the ruling AIADMK and opposition DMK opposing it. The state has already exceeded the cap on reservation by granting 69 per cent quota.
The bill was passed in both houses of Parliament during the winter session, with the Rajya Sabha voting 165-7 in favour of it — meeting the requirement of a majority of not less than two-thirds of the members present and voting for effecting a constitutional amendment.
However, a resolution moved by Rajya Sabha MP Kanimozhi, a member of the DMK, to send the Bill to a Select Committee was defeated 155-18 votes.
NGO Youth For Equality has already moved the Supreme Court, contending that the Bill was liable to be quashed as it was contrary to the principles laid down by the apex court in the matter of reservation.
A person whose family has a gross annual income below Rs 8 lakh will be identified as EWS for the benefit of reservation. Family includes “the person who seeks the benefit of reservation, his/ her parents and siblings below the age of 18 years as also his/ her spouse and children below the age of 18 years”. Also, income will cover all sources such as salary, agriculture, business, profession, etc.