Supreme Court upholds EWS quota: ‘Doesn’t violate basic structure of Constitution'
A five-bench Constitution bench of the Supreme Court delivered the judgement backing EWS reservation by a 3:2 majority view.
The Supreme Court India on Monday backed the 10% EWS quota introduced by the central government, which provides reservation in education and jobs to people belonging to economically weaker sections. EWS quota verdict live updates.
A five-bench Constitution bench of the Supreme Court delivered the judgement backing EWS reservation by a 3:2 majority view.
The Constitution bench of the top court lead by Chief Justice of India Uday Umesh Lalit that includes justices Dinesh Maheshwari, S Ravindra Bhat, Bela M Trivedi, and J B Pardiwala, on September 27 reserved the verdict on legality of the EWS quota after hearing a bunch of plea that have challenged the validity of the 103rd Constitution amendment that paved the way for 10% reservation to economically weaker sections in jobs and admissions.
Justice Dinesh Maheshwari said the law does not violate the Constitution’s basic structure or equality code by taking into account economic criteria. “It does not also cause damage to any essential feature by exceeding the 50% ceiling for quota since the ceiling is itself flexible.”
Justices JB Pardiwalaa and Bela M Trivedi also ruled in favour of the law.
Justice S Ravindra Bhat decided to dissent, saying the law is discriminatory and violates the basic structure of the Constitution. CJI Uday Umesh Lalit concurred with Justice Bhat.
The Supreme Court heard as many as 40 petitions and most of those, including the lead one filed by 'Janhit Abhiyan' in 2019, challenged the validity of the Constitution Amendment (103rd) Act 2019.
The petitioners had questioned the validity of EWS quota saying it breaches the 50% cap for reservation in India.
In the 1992 hearing of Indra Sawhney case, the Supreme Court had said reservation should not exceed 50%, barring certain extraordinary situations.
The Supreme Court had framed three broad issues for its judgement: Whether the 103rd Constitution amendment Act for implementing EWS quota breaches the basic structure of the Constitution by permitting the State to make special provisions, including reservation, based on economic criteria; by permitting it to make special provisions for admissions to private unaided institutions; and whether the amendment breaches the basic structure of the Constitution by excluding the SEBCs/OBCs, SCs/STs from EWS reservation.
(With inputs from Utkarsh Anand, agencies)
