EWS Reservation: The Supreme Court has upheld the 10 percent reservation given to the economically weaker general category people. At the same time, the decision of Chief Justice Uday Umesh Lalit and Justice S Ravindra Bhatt was a minority. He said in his decision that while giving reservation on the basis of poverty, the poor of SC, ST and OBC should also be included in it, but this was not done. This is discrimination and against the basic structure of the Constitution. However, due to the approval of EWS reservation of 3 judges out of the 5 judge bench, it will be considered as the decision of the Supreme Court.
A 5-judge Constitution Bench has upheld the 103rd Amendment to the Constitution by a majority of 3:2. Through this amendment, a system of giving reservation on economic basis was made. The court has held that such reservation is constitutional and it does not violate the rights of any other class. Articles 15 (6) and 16 (6) were added through the 103rd amendment to the Constitution in January 2019. Through this, the government was given the right to make special arrangements for the upliftment of the economically weaker sections.
After this, the government made a system of giving 10 percent reservation in jobs and higher education to the poor of the general category. It was challenged in the Supreme Court through more than 30 petitions. The matter was heard by a 5-judge bench headed by Chief Justice Uday Umesh Lalit.
The three judges, who gave the verdict in favor of reservation, also said that while implementing the constitution, it was said that reservation should be kept for a limited time. Now, even after 75 years, the reservation continues. As such, it needs to be reviewed. Reservation cannot be given till eternity.
What did the judges say?
In today’s decision, 3 judges of the Supreme Court – Justice Dinesh Maheshwari, Bela M Trivedi and Jamshed Pardiwala have upheld the EWS reservation. These judges have recognized that the Constitution has fixed the duty of the government to give proper representation to every kind of weaker section and try to bring them into the mainstream. In such a situation, there is no constitutional mistake in making a system of giving reservation to the people belonging to the general category who are backward due to poverty.
The judges have also said that the Supreme Court had fixed the limit of 50 percent reservation for SC, ST and OBC already getting reservation. The new 10 percent reservation has been given to the general category. In such a situation, it cannot be said against the decision of the Supreme Court. The judges also said that there is no need to fix the quota of SC, ST and OBC in this 10 percent reservation, as this class is already taking the benefit of reservation.
Also read- EWS Quota Verdict Highlights: 10 percent economic reservation to continue, Supreme Court’s seal on Centre’s amendment read 10 points