Without any 'quantifiable data' on a caste's backwardness relative to others, conferring quota amounts to giving reservation solely on the basis of caste. Evaluate with recent examples. (200 words)
Refer - The Hindu
Enrich the answer from other sources, if the question demands.
IAS Parliament 3 years
KEY POINTS
· An exclusive internal quota for a single caste group was always fraught with the danger of judicial invalidation.
· The court’s foremost reason is that the State Assembly lacked the legislative competence to enact the law in February 2021, at a time when the Constitution 102nd Amendment, conferring exclusive power to identify backward classes on the President, was in force.
· That the Constitution 105th Amendment subsequently restored the States’ powers to identify backward classes was not deemed relevant as, on the date of the enactment, the Assembly had been denuded of such power.
· The court also rejected the comparison with the sub-quotas enjoyed without hindrance by Backward Class Muslims and Arundhatiyars, a Scheduled Caste, noting that these two measures were backed by Census data and valid recommendations.
· What may cause some concern is that the court has said changes in the existing 69% quota classification cannot be made without amending the State’s 1994 reservation protection law, which received the President’s assent and was also included in the Ninth Schedule to put it beyond judicial review.
· Regimes in all States should focus on compiling credible data both on the backwardness of sections of society and their level of representation in public services and educational opportunities.
Nivetha 3 years
please review
IAS Parliament 3 years
Good attempt. Keep Writing.
Sriram 3 years
Kindly review
IAS Parliament 3 years
Try to stick to word limit and includ data to support your answer. Keep Writing.
K. V. A 3 years
Pls review
IAS Parliament 3 years
A good attempt. Keep writing.
Malavika 3 years
Please evaluate
IAS Parliament 3 years
A very good attempt. It is the Madras High Court that struck down the internal reservation within Backward Class, not the Supreme Court. You can also quote Indra Sawhney Judgement. Keep writing.
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