ASG gives community spin to DMK’s opposition to 10 pc quota for poor

The ASG made the submission in the Madras High Court, which was hearing a petition filed by the political party against the 10 per cent reservation.

Rajagopalan argued that DMK organising secretary R S Bharathi, being a member of the Rajya Sabha, which passed the Economic Reservation Bill, cannot now challenge the Act before the Madras High Court.

Also, noting that the newly introduced Articles 15(6) and 16(6) are only enabling clauses which allows the state to take a call on whether such reservation should be implemented, he argued that Bharathi cannot misuse the court to achieve what he could not achieve in the Rajya Sabha and hence the petition was not maintainable. 

He also noted that the amendment nowhere mentioned reservation for forward class and that the plea was moved in political interest and not in public interest.

This was countered by Wilson stating that it was the Centre, which was opposing the case politically leading to a heated argument.

However, taking exception to the ASG’s submission that the DMK was misusing the court, the bench said the reservation talks about other communities barring the Scheduled Caste, Scheduled Tribe and Backward Classes. If that be the case, then who are the persons falling under other communities, the bench asked.

It also noted that since fundamental rights under Article 14 were involved, the petitioner cannot be hindered from approaching the court.

During the hearing, Wilson raised the aspect of the Bill being rushed through in both the Houses without even providing copies of it to the members in advance, resulting in them being unable to examine the proposed reservation.