Shiv Sena Dogra Front workers celebrate Supreme Court decision to uphold 10 per cent reservation to people belonging to economically weaker sections (EWS) in admissions and government jobs. (PTI)
The Supreme Court, by a majority view of 3:2, upheld the validity of the 103rd amendment to the Constitution providing 10 per cent reservation to people belonging to economically weaker sections (EWS) in education and government jobs.
Justice Dinesh Maheshwari, Justice Bela M Trivedi, and Justice JB Pardiwala ruled in favour of the quota, stating that the law on reservation for EWS does not violate the basic structure of the Constitution. Meanwhile, Justice S Ravindra Bhat dissented and Chief Justice of India UU Lalit concurred with him.
Here are the top quotes from the judgment:
- Justice Dinesh Maheshwari: “EWS quota does not violate equality and basic structure of the constitution. Reservation in addition to existing reservation does not violate provisions of the Constitution.”
- Justice Maheshwari: Basic structure can’t be breached by enabling state to make provisions for education. Reservations for EWS does not violate basic structure on account of 50% ceiling limit because ceiling limit is not inflexible.
- Justice Bela M Trivedi: “Socially and Educationally Backward Classes form separate categories. They can’t be treated at par with unreserved category. Benefit under EWS can’t be said to be discriminatory.”
- Justice S Ravindra Bhat: “Reservation is contrary to the essence of equal opportunity. The 103rd amendment practices prohibited forms of discrimination.”
- Justice S Ravindra Bhat: “Reservations were designed as powerful tool to enable equal access. Introduction of economic criteria and excluding SC, ST, OBC, saying they had these pre-existing benefits is injustice.”
- Justice S Ravindra Bhat: “By excluding the poor among SC/ST/OBC from economically backward classes, the amendment practices constitutionally prohibited forms of discrimination.”
- Justice Pardiwala: “Reservation is not an end, it is a means. It should not be allowed to become a vested interest.”
First published on: 07-11-2022 at 03:46:17 pm