The Supreme Court on Monday upheld the constitutional validity of 10 per cent quota for Economically Weaker Sections (EWS) in government jobs and educational institutes.By a majority of 3:2 a five-judge Constitution Bench upheld the validity of the 103rd constitutional amendment under which the EWS quota was provided.
The Supreme Court on Monday upheld the constitutional validity of 10 per cent quota for Economically Weaker Sections (EWS) in government jobs and educational institutes.
By a majority of 3:2 a five-judge Constitution Bench upheld the validity of the 103rd constitutional amendment under which the EWS quota was provided.
The Bench had reserved its verdict on September 27 after hearing the petitioners, the Centre and others.The Centre defended the EWS quota law, asserting that it did not violate the basic structure of the Constitution and did not disturb the 50 per cent existing quota meant for SCS, STs and OBCs. It has been given for the first time without eroding the “totally independent” reservation for SCs, STs and OBCs, it had contended during the hearing.Noting that a constitutional amendment can only be challenged if it destroyed the basic structure of the Constitution, Solicitor General Tushar Mehta had argued that the ceiling of 50% has not been held inviolable.The Constitution Bench broadly considered three questions, the first being whether the 103rd Constitution amendment Act can be said to breach the basic structure of the Constitution by permitting the State to make special provisions, including reservation, based on economic criteria. The other two issues are: Whether the constitutional amendment could be said to breach the basic structure by permitting the state to make special provisions concerning admissions to private unaided institutions and whether it can be said to breach the basic structure of the Constitution in excluding the SEBCs/OBCs, SCs/STs from the scope of EWS reservation.There are 40 petitions challenging the 103rd Constitutional Amendment Act, 2019, which introduced 10 per cent EWS reservation in public employment and educational institutes over and above the existing 50 per cent reservation to SCs, STs and Other Backward Classes (OBCs).
