New Delhi: The five-judge Constitution bench of the Supreme Court on Monday upheld the validity of the Constitution’s 103rd Amendment Act 2019, which provides for 10 per cent reservation in colleges and government jobs for the poor or EWS (Economically Weaker Sections).
While Justice Bela M Trivedi, Justice Dinesh Maheshwari and Justice Justice JB Pardiwala upheld the Act saying that the EWS quota does not violate the Constitution on account of the 50 per cent ceiling limit, Justice S Ravindra Bhat passed a dissenting judgment.
CJI UU Lalit agreed with Justice S Ravindra Bhat and also gave a dissent judgement.
CJI UU Lalit agreed with Justice S Ravindra Bhat & gave a dissent judgement
Five-judge Constitution bench by a majority of 3:2 upholds the validity of Constitution’s 103rd Amendment Act which provides 10% EWS reservation in educational institutions and government jobs pic.twitter.com/OwGygzSTpP
— ANI (@ANI) November 7, 2022
Reading out the order, Justice Dinesh Maheshwari said, “EWS reservation does not violate the equality code or violate essential feature of constitution and breach of 50 per cent does not violate basic structure as the ceiling limit is here only for 16(4) and (5).”
“Reservation on economic basis does not violate the basic structure or Constitution of India,” he added.
The EWS reservation was launched just before the 2019 general election and bypassed affirmative action that benefits communities traditionally marginalised in Indian society.
With inputs from agencies
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