Stating that reservation is not a “poverty alleviation programme” but more in the nature of a “social justice programme to uplift communities which have not had access to education or employment and consequently do not have representation in the services of the state or in upper echelons of society”, Tamil Nadu’s main Opposition party DMK moved a petition in the Madras High Court Friday, challenging the 10% quota for the general category poor.
The petition, filed by DMK organising secretary RS Bharathi, said Article 15(5) was for reservation based on community. “It had never been the intention of the framers of the Constitution to make reservation based on the economic status of an individual.”
According to the petition, such a reservation, in addition to the existing reservation, will force Tamil Nadu, which already has 69% reservation, to provide for total reservation of 79%.
“I state that the impugned amendments are unconstitutional and violate the basic feature of the Constitution,” the petitioner said, pointing out that the concept of reservation, being an exception to the equality clause, is only justified when it is used for the purpose of upliftment of communities which have suffered discrimination and oppression like the OBCs, SCs and STs.
“Economic criteria alone cannot be the basis of reservation since reservation is not a poverty alleviation scheme,” the petition stated.