Q) The Supreme Court ruled that more than 50% reservation is not allowed. But in case of Tamilnadu it is provided by the 76th Const. Amendment that 69% of reservation is allowed which is far exceeding the 50% ceiling. Why?
A) 9th schedule protects from judicial scrutiny. In 1994- Tamilnadu reservation act included in it so 69% exists. 2007 SC judgment states that law under 9th schedule can be scrutinised if it violates fundamental rights.
Q) I agree Sir that the 76th amendment act 1994 has placed the TN reservation act in 9th schedule & to protect it from judicial review. But my question is why TN is allowed to have reservation more than 50% (i.e 69%) - why not other states? What is special about TN to have this exceptional case?
True and that is why the exception was brought in not to allow that if it violates fundamental rights
SC has clarified that the reservation could go beyond 50%, considering the proportion of the backward classes in respective state.
The parameters laid down by the SC in Mandal case judgment are to be followed to redox reservation quota to more than 50%. Your question is to be answered in the light of SC judgment and the social make up in the state.
Any reservation in excess of 50% for backward classes will not be violative of Articles 14 and/or 16 of the Constitution.. But at the same time, they should be made under Article 16(4) or under Article 16(1)&(4) cannot be extended to a totality of 100%
It further states that Article 16(4) itself does not limit the power of the govt in making the reservation to any max percentage; but it depends upon the quantum of adequate representation required in the Services
The final verdict in TN case is not yet out. SC only agreed temporarily and the govt continues to extend it year after year.
But the trend, unless revised, is on these lines of non interference and allowing the states to exercise their option
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