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Amendment enabling reservation doesn't violate law - Govt

October 04, 2007  |  RSS   |  Tell a friend  |  Printable Version
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Amendment enabling reservation doesn't violate law - Govt

New Delhi: The Central Government has continued its argument before the apex court for implementing a law that could provide 27% reservation to students from Other Backward Classes (OBCs) in central educational institutions.

The Government on Wednesday contended before the Supreme Court that there is valid provision in the constitution for making a law that could provide 27 percent quota for OBCs.

Senior advocate K. Parasaran from the Government side contended before the five-judge Constitution Bench headed by Chief Justice K.G. Balakrishnan that the 93rd Constitutional Amendment by which Article 15(5) was included to enable reservation for socially and educationally backward classes (SEBCs) was not unconstitutional and violative of the basic structure of the Constitution.

"The amendment does not confer unbridled power. Parliament and legislatures are alone the arms of the state to make laws. An amendment of the Constitution can empower them to make particular laws by adding to the empowerment," Mr. Parasaran said.

A similar argument was also made by Solicitor-General G.E. Vahanvati. He said that caste alone could be the starting point of identifying the backward classes.

"This country is caste ridden and victims of caste system have to be identified for remedial action", Vahanvati added.

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