Amendment enabling quota doesn’t violate statute, says Govt

Senior advocate K Parasaran, arguing before a five-judge Constitution Bench headed by CJI K G Balakrishnan, which is examining the validity of the controversial legislation providing 27 per cent quota, contended that the 93rd Constitutional Amendment by which Article 15(5) was included to enable reservation for socially and educationally backward classes was not unconstitutional and violative of the basic structure of the Constitution. “Article 15(5) is not only an enabling provision but also confers legislative competence for making such law,” he submitted. “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,” he said.

Supporting the argument of Solicitor General G E Vahanvati that caste alone could be the starting point of identifying backwards classes, he said “this country is caste ridden and victims of caste system have to be identified for remedial action.”