New Delhi: The Supreme Court passed its verdict on the validity of the central law for 10% reservation benefits to economically weaker sections (EWS), on Monday. The matter was heard by a 5-judge bench comprising Chief Justice of India UU Lalit, Justices Dinesh Maheshwari, S Ravindra Bhat, Bela M Trivedi, and JB.
The Supreme Court is pronouncing its judgment on a batch of pleas challenging the validity of the 103rd Constitution amendment that provides 10 percent reservation to economically weaker sections (EWS) persons in admissions and government jobs. As the court proceedings began, Chief Justice of India UU Lalit said that there are four judgments to be delivered on the issue relating to the constitutional validity of reservations of the Economically Weaker Section (EWS) in higher education and issues of public employment on the basis of financial conditions.
Justice JB Pardiwala also upholds the validity of the Constitution’s 103rd Amendment Act 2019, which provides for the 10 percent EWS reservation amongst the general category.
Justice Bela M Trivedi upholds 10% reservations for economically weaker sections.
Justice Dinesh Maheshwari and Justice Bela Trivedi uphold 10% reservations for economically weaker sections. Till now two out of five judges upheld the EWS quota.
Justice Dinesh Maheswari upholds, saying EWS quota did not violate basic structure of the Constitution.
EWS quota does not breach the 50% ceiling on reservations fixed in the 1992 Indra Sawhney
(Famously known as Mandal Commission) case, Justice Dinesh Maheswari said.
Economic criteria can also be a yardstick to provide reservation, Justice Maheswari said.
EWS quota does not disturb the 50% quota meant for the socially and economically backward classes, Justice Maheswari said.
EWS quota will benefit poor of general category.
EWS quota does not violate Art 14 (equality before law) and Art 15 (prohibition of discrimination on the basis of religion, race, caste, sex or place of birth) and also right to equal opportunity in public employment, he stated.
A five-judge Constitution bench, comprising of Chief Justice Lalit, Justices Dinesh Maheshwari, S Ravindra Bhat, Bela M Trivedi and JB Pardiwala had reserved the judgment on September 27.
The top court had on September 27 reserved the verdict on the legal question of whether the EWS quota violated the basic structure of the Constitution.
While opposing the EWS quota amendment, academician Mohan Gopal, one of the petitioners, opposed it saying that the amendment is “deceitful and a backdoor attempt” to destroy the concept of reservation.
Tamil Nadu government also submitted before the top court that the EWS quota amendment should be repealed. Durig the hearing, the state argued that the economic criteria cannot be the basis for classification and appealed to the court to revisit the Indira Sawhney (Mandal) judgment if it decides to uphold this reservation.
