Social Justice and Empowerment Minister Virendra Kumar on Tuesday said there is a need for careful examination of the demand made by several Lok Sabha members for increasing the cap of reservation beyond 50 per cent as constitutional issues are involved. Replying to the debate on the Constitution (127th Amendment) Bill, 2021, he said that several members have expressed their views on raising the reservation cap, which was fixed 30 years ago.
The government is aware of the wishes of the members, he said. It has been repeatedly emphasised (by courts) that the reservation cap should be retained at 50 per cent. "Therefore, it is necessary to carefully examine all constitutional and legal aspects in this regard," the minister said.
He stated that in the Indra Sawhney case, the court has observed that the limit can be increased beyond 50 per cent only in certain special circumstances. The bill amends the Constitution to allow states and union territories to prepare their own list of socially and educationally backward classes.