HomeIndia NewsTwo judges against the decision of EWS reservation... know why they told...

Two judges against the decision of EWS reservation… know why they told it wrong

New Delhi: The Supreme Court has justified the reservation on economic grounds and with this it has become clear that the poor upper castes will continue to get 10 percent reservation. With this, the Supreme Court has approved the reservation given to the Economically Weaker Section (EWS) in government jobs. Out of a 5-member bench headed by Chief Justice UU Lalit, three judges upheld the 103rd amendment to the Constitution. Chief Justice UU Lalit and Justice Ravindra Bhat delivered the verdict against EWS reservation. Justice Bhat said that crossing the limit of reservation is against the basic structure. While three judges were in favor of EWS, two judges were against it.

Today is the last day of the Chief Justice of the country, Justice UU Lalit in the Supreme Court. He disagreed on EWS reservation. Along with Justice Bhat, he was also against this decision. He agreed with Justice Ravindra Bhat’s opinion that exclusion of SC-ST and OBC would be discrimination against poor people of this class.

Justice S Ravindra Bhat, while giving his verdict on EWS reservation, said that as far as social justice is concerned, SC, ST and OBC category should also be included in it. He said that crossing the limit of reservation is against the basic structure. Justice S Ravindra Bhat, expressing his minority view, disagreed with the constitutional amendment regarding EWS reservation and set it aside. Chief Justice Lalit concurred with Justice Bhat’s view.

What did the remaining 3 judges say on EWS-

Justice Dinesh Maheshwari, while reading out his decision, said that the 103rd Constitutional Amendment cannot be said to violate the basic structure of the Constitution.

Justice Bela M Trivedi said that the 103rd Constitutional Amendment cannot be struck down on grounds of discrimination.

Justice J B Pardiwala concurred with his views and upheld the validity of the amendment.

After hearing the matter, a bench of Chief Justice UU Lalit, Justice Dinesh Maheshwari, Justice S Ravindra Bhat, Justice Bela M Trivedi and Justice JB Pardiwala had reserved the first decision on it. A bench headed by the then Chief Justice of Supreme Court SA Bobde had referred the matter to a Constitutional Bench on 5 August 2020.

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