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Wednesday, January 31, 2007

The Big Question - WHY ???

The Supreme Court on Wednesday asked the Centre to explain "why" it should not stay the decision to implement 27 per cent quota in higher educational institutions for the Other Backward Classes (OBCs).

The Apex Court's notice comes as response to a petition filed by the NGO, Youth for Equality, challenging the January 7, 2007 notification of the Centre as being unconstitutional and violative of the fundamental rights of other citizens.

The reservation issue has dominated Indian politics for the past one year. It was in 2005 that the Government amended the Constitution to make way for reservation.

The enabling legislation called Central Universities Act 2007 was passed in the recent Winter Session of Parliament.
The Supreme Court notice is of significance, in the light of its recent observation that all Parliamentary legislations can be reviewed.

However, the notice could also mean that the judiciary and the legislature are headed for another clash.
In 2005, there was a 93rd amendment made to the Constitution that made it possible for the legislature to allow 27 per cent quota in private institutions that were aided by the Government.

Parliamentarians are now saying that the notice shows the basic view of the judiciary against the quota policy.

Nonetheless, what is important is that this is simply a notice - the first step in the proceedings of the judiciary.

Also, the case is being heard by a Division Bench and so this is not a hearing on the amendment, for which a larger Constitutional Bench would be required.

Reproduced from
http://www.ibnlive.com/news/sc-issues-notice-to-govt-on-quota/top/32458-3.html

MORE TO COME...

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