The Dravida Munnetra Kazhagam on Monday filed a review petition in the Supreme Court against its verdict to uphold 10% quota in admissions and jobs to applicants from Economically Weaker Sections.
On November 7, a five-judge Constitution bench of the Supreme Court had upheld the 10% EWS quota in a 3:2 judgement. Justices Dinesh Maheshwari, Bela Trivedi and JB Pardiwala upheld the quota, while former Chief Justice UU Lalit and Justice Rabindra Bhat dissented from the majority opinion.
In an all all-party meeting on November 12, convened by Tamil Nadu Chief Minister and DMK president MK Stalin, the decision to file the review petition had been taken.
In 2019, the Union government had introduced the Economically Weaker Sections quota for those who cannot avail of the reservations granted to Scheduled Castes, Scheduled Tribes and Other Backward Classes, but have an annual family income of less than Rs 8 lakh. However, those from families that own more than five acres of agricultural land or 1,000 square feet of residential land, are not eligible for the quota.
In the petition filed on Monday, the DMK said that the Centre’s move has made a large section of the upper caste population eligible for “easy exclusive luxurious reservations”.
“The Constitution has given them a mask to hide behind the misleading term ‘Economically weaker sections’,” the party said in its review petition. “It is a fact that they have not suffered social stigma nor discriminated against the society or kept away from jobs or from the mainstream.”
On the Supreme Court verdict, the party argued that the Constitution bench had failed to consider the historical and social advantages which exist in favour of the upper castes.
“Reservations as a concept have to be construed to something which is sacrosanct and a step to be taken in extreme caution to offset centuries of oppression,” the plea said.
The party also said that by excluding the Scheduled Castes, Scheduled Tribes and Other Backward Classes from the 10% EWS quota, the court had approved of exclusion and discrimination.
“The honourable court has committed an error apparent on the face of the record in para 29 by holding that abolition of reservations will abolish the caste system and lead to an egalitarian society,” the DMK said. “Such a finding is not correct. The caste system is not in existence because of reservations but vice versa.”
EWS quota and Supreme Court verdict
In 2019, the Centre had introduced the Economically Weaker Sections quota for those who cannot avail of the reservations granted to Scheduled Castes, Scheduled Tribes and Other Backward Classes, but have an annual family income of less than Rs 8 lakh.
Persons from families that own more than five acres of agricultural land or 1,000 square feet of residential land are not eligible for the quota.
The petitioners before the Supreme Court had challenged the 103rd amendment that introduced changes to Articles 15 and 16, which deal with the right to equality and provide the basis for reservations.
The majority verdict of the Supreme Court held that the allocation of the 10% quota fell within the powers vested with the legislature in the Constitution. On the other hand, the dissenting judges said that the quota cannot keep Scheduled Castes, Scheduled Tribes and Other Backward Classes out of its ambit as the Constitution does not allow exclusion.
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