New Delhi, June 18: Attorney General Soli J Sorabjee today opined to the Centre that extending the benefit of reservation to economically backward classes (EBCs) through a legislation would be unconstitutional in view of the clear ruling of the Supreme Court that economic criteria could not be the sole basis for reservation. "Consequently, the contemplated reservation for EBCs by legislation would be unconstitutional under the existing provisions of the constitution. In my opinion, extension of reservation to EBCs would undoubtedly require constitutional amendment," said Sorabjee in his opinion received by the law ministry.

Referring to the 1992 ruling of the apex court in the Indira Sawhney case, Sorabjee has stated that "backward classes" could not be identified only and exclusively with reference to economic criteria, ministry sources told a news agency. In a major move to uplift poor including those from upper class, the government on June 5 had sought the Attorney General's opinion on the legality of reservation for economically backward classes and whether there was a need for a constitutional amendment to facilitate this.

The opinion stated that as per the apex court's ruling "reservation for EBCs is ultra vires the constitution."

The Attorney General made it clear that in view of the Supreme Court ruling "ECBs cannot come within the ambit and scope of Article 16(4) as contemplated by the Constitution," the sources said. Bureau Report