The apex court issued the notice, taking cognizance of the petition filed by Youth for Equality, an NGO, challenging the January 7, 2007 notification of the Centre. The petition termed the Centre’s notification “unconstitutional” as it violates the fundamental rights of other citizens.

In last one year, various constituents of the UPA have demanded implementation of reservation for different sections of the society across sectors—both public and private- and educational institutions.

A legislation called Central Universities Act 2007 was passed in the last winter session of Parliament. The significance of the current notice increases with the fact that the court had recently observed that all Parliamentary legislation could be reviewed, including laws and acts under the 9th schedule of the constitution. However, the notice could also mean that the judiciary and the legislature are headed for another clash.

In 2005, there was a 93rd amendment made to the constitution that made it possible for the legislature to allow 27% quota in private institutions that receive government aid.

The political parties across the fence termed the notice against social justice, which they want to achieve through positive discrimination. They claimed that the notice showed the basic view of the judiciary, which was against the quota policy.

Nonetheless, what is important is that this is simply a notice - the first step in the proceedings of the judiciary. Also, a division bench is hearing the case and so this is not a hearing on the amendment, for which a larger Constitutional Bench would be required.