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Comment: On 50% reservation ceiling

Comment: On 50% reservation ceiling

Ceiling on reservation percentage was imposed by the judgement of Supreme Court in Indra Sawhney case, quoting Balaji vs State of Mysore case. This has seriously affected the opportunities and rights of the backward classes who constitute nearly 60% of our population.

1.    Constitution of India nowhere speaks about ceiling on reservation or reservation percentage. Under Art 16 (4) of the Constitution, it has been mentioned as ‘adequate representation’.

2.    In fact, Mandal Commission has to restrict to 27% reservation to OBCs citing court judgement despite the fact that the Commission had estimated OBC population around 52%.

3.    But this ceiling has already been breached by the Union Government by aggressively implementing 10% reservation to EWS among upper castes.

 Hence it is very much necessary that the Union Government brings a constitutional amendment to remove the ceiling on reservation so that the large sections of our society who have been historically discriminated against and remain as ‘socially and educationally’ backward can get their rightful and legitimate share in the governance of our country.

-G.Karunanidhy
Gen Secretary, 
AIOBC employees Federation
 – 10.8.2021

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