Social change not static: SC on Kerala quota
Express news service Posted online: Wed May 12 2010, 23:08 hrs
New Delhi : The Supreme Court while deciding on whether the Kerala
government has the power to make reservation for the economically
backward in the forward communities, said that social change could not
be viewed in a static way. It was seeking a response from the state
government on a petition against a Kerala government order issuing 10
per cent reservation in government colleges for poor students
belonging to forward castes.
Chief Justice of India K G Balakrishnan said a frozen attitude could
not be taken of the changing social milieu, while seeking a response
from the state government on a petition filed by Kerala Muslim Jamaath
Council against the order 10 per cent quota as per a public order in
2008.
"Some of these students are definitely backward socially because they
are below the poverty line," the court said.
The council had approached the apex court challenging a Kerala High
Court decision to dismiss their plea to revoke the 2008 order on the
ground that "such a reservation is permissible or is valid under the
Constitution of India or under any other law in force". The bench will
now decide the Council's query as to whether a state government has
the power to make reservation for forward communities on the "basis of
economic condition".
"The very concept of reservation solely on the basis of economic
condition of individuals is alien to the Constitution of India. The
government order does not state the source of power to make the
reservation in dispute," the Council, represented by senior advocate
Rohinton Fali Nariman, said in its petition.
The Council has asked how the state can justify the reservation under
Article 15 (4), a provision "enabling the state to make any special
provision for the advancement of any socially and educationally
backward classes of citizens". "Kerala has already identified and
classified the backward classes in the state. 'Economically backward
sections of forward communities is not among the backward
communities," it contended.
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