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India
21 Jan 2019

Madras HC issues notice to Center on 10% EWS quota

Center gets Madras HC notice on EWS reservation

Just days after Dravida Munnetra Kazhagam (DMK) organizing secretary RS Bharathi filed a writ petition challenging the recently-approved 10% economically weak section (EWS) quota for the general category, the Madras High Court, on Monday, issued a notice to the Center about the same.

The High Court has asked for a reply from the Center by February 18.

Here are the details.

In context

Center gets Madras HC notice on EWS reservation
Bharathi had moved the HC on Friday

Details

Bharathi had moved the HC on Friday

On Friday, Bharathi had filed a petition with the High Court challenging the constitutional amendment providing 10% reservations for the general category.

It wasn't the first legal challenge to the new reservations, considering that NGO Youth for Equality has also challenged the move in the Supreme Court. The NGO has alleged that the move runs contrary to the SC's principles on reservation.

Tamil Nadu

Tamil Nadu is unlikely to introduce the new reservations

While it remains to be seen what happens in the legal tussle over the issue, Tamil Nadu is unlikely to implement the 10% EWS reservation quota for the general category.

The state already has 69% reservations owing to a special provision, and both the AIADMK and the DMK are opposed to implementing the new reservations.

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How come Tamil Nadu has 69% reservation?

There is 69% reservation in Tamil Nadu owing to the Tamil Nadu Backward Classes, Scheduled Castes and Scheduled Tribes (Reservation of Seats in Educational Institutions and of appointments or posts in the Services under the State) Act, 1993, which is placed in the IX Schedule of the Constitution. It cannot be legally challenged.

Backstory: The 10% EWS reservation quota recently became a law

Backstory

Backstory: The 10% EWS reservation quota recently became a law

To refresh your memory, a constitutional amendment was passed recently in both the Lok Sabha and the Rajya Sabha to allow for the new reservations over and above the SC mandated limit of 50% reservations.

The bill was passed with resounding support in both houses of the Parliament, and subsequently, President Ram Nath Kovind approved the bill, thereby making it a law.

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Most asked questions

Who are exempted from the new quota?

Why was a constitutional amendment needed?

Who many votes the the constitutional amendment get in the Lok Sabha and the Rajya Sabha?

What have the Opposition said?

More questions

Who are exempted from the new quota?

Asked on 21-01-2019 by Pranav Rao

Answered by NewsBytes

General category candidates who own over 5 acres of land, have residential plots exceeding 1000sqft, have plots of land more than 100 square yards in notified areas and plots of land more than 200 square yards in non-notified areas, and have family incomes exceeding Rs. 8 lakh per annum will be exempted from the quota.

Why was a constitutional amendment needed?

Asked on 21-01-2019 by Dhruv Subramanium

Answered by NewsBytes

The Indian Constitution did not allow for reservations in jobs and education based on economic conditions, and hence a constitutional amendment was needed.

Who many votes the the constitutional amendment get in the Lok Sabha and the Rajya Sabha?

Asked on 21-01-2019 by Divya Sarin

Answered by NewsBytes

The constitutional amendment was passed in the Lok Sabha with 323 votes in favour and three against. In the Rajya Sabha, the amendment was passed with 165 ayes and seven nos.

What have the Opposition said?

Asked on 21-01-2019 by Ridhi Kadam

Answered by NewsBytes

The Opposition has called the new quota an appeasement tactic ahead of the 2019 Lok Sabha elections.

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