The Supreme Court decided to hear a petition which challenges the constitutional validity of the Tamil Nadu State law which provides 69% reservations in education and employment.
A petition was filed by a resident of Tamil Nadu, Dinesh who challenged the Tamil Nadu Backward Classes, Scheduled Castes and Scheduled Tribes (Reservation of seats in Educational Institutions and of appointments or posts in the Services under the State) Act of 1993.
Section 4 of the Act provides 30% reservation to the backward classes, 20% for most backward classes and de-notified communities, 18% for Scheduled Castes and 1% for Scheduled Tribes.
The State of Tamil Nadu, in its affidavit has stated that statute which was enacted in 1994, was within the powers of the State.
It was stated that the law is protected from judicial review under Ninth Schedule of the Constitution in order to provide special protection in light of the Indira Swahney judgement.
It was further stated that the Act, helps to achieve the objectives of Right to Equality as mentioned under Article 14 of the Constitution.
A Bench of the Supreme Court led by Justice A.M. Khanwilkar stated that it would hear arguments on February 17, as the law crosses the 50% ceiling prescribed by the Constitutional Bench in the Indira Sawhney judgement.
The Bench also stated that they would decide on whether the case should heard along with the reservation pleas of the Maharashtra reservation laws.
However, the Tamil Nadu State, represented by Advocate Shekhar Naphade, objected to mixing up the State’s case with that of the Maharashtra reservation law or that of any other State.
