Gujarat quota stir: SC to decide on reservation for forward castes

Should socially forward classes be entitled to reservations in public education and employment because they hail from economically poor backgrounds?

That is the question that lies before the Supreme Court at the moment.

In the case of Indra Sawhney v Union of India (1992), in which the Supreme Court laid down the bedrock for reservation policies in India, it was clearly stated by no less than a bench of nine judges that reservations are to be made available only to socially and economically backward classes.

The "and" here is significant, because, to avail of affirmative action, a community has to be both socially and economically backward.

But now it appears that the Supreme Court might be having a rethink and change the rules, because it has agreed to admit the Gujarat government's appeal against a high court ruling that held quotas for economically backward forward classes as illegal and unconstitutional.

On 4 August 2016, the Gujarat High Court struck down the state government's Ordinance providing 10% reservations for those whose family income is Rs 6 lakh annually.

Also read - 10% quota for poor: SC extends stay on Gujarat High Court's order

Thereafter, on 10 August, the Gujarat government moved the Supreme Court, contending that the 10% is a classification based on economic criteria rather than reservation. Initially, the top court was reluctant to accept the Gujarat government's submissions, but then it seemed to have a rethink. Because, on 29 August, it stayed the High Court's ruling, and posted the case for a detailed hearing later.