SC upholds 10% EWS quota, says ‘It doesn’t violate basic structure of Constitution’

New Delhi, November 7: The Supreme Court in a majority judgment on Monday upheld the validity of the Constitution’s 103rd Amendment Act 2019, which provides for 10 per cent reservations of the Economically Weaker Section (EWS) in higher education and issues of public employment amongst the general category, and observed that it does not violate essential features of the Constitution.
A five-judge Constitution bench in a 3:2 upheld the validity of the Constitution’s 103rd Amendment Act 2019, where three judges passed the verdict upholding the Act while CJI UU Lalit concurred with Justice S Ravindra Bhat and passed a dissent order.
Majority bench – Justices Dinesh Maheshwari, Bela Trivedi and JB Pardiwala upheld the EWS amendment.
Justice Maheshwari said, “the EWS amendment does not violate the equality code or the essential features of the Constitution.”
Justice Bela M Trivedi said, her judgment is in concurrence with Justice Maheshwari and says the EWS quota in the general category is valid and constitutional.
CJI Lalit, Justices Dinesh Maheshwari, Bela M Trivedi and JB Pardiwala passed the judgment upholding the Act.
The Chief Justice of India UU Lalit said there will be a total of four judgments that will be delivered in the matter.
“There are four judgments to be delivered on the issue relating to the constitutional validity of reservations of the Economically Weaker Section (EWS) in higher education and issues of public employment on the basis of financial conditions,” Chief Justice of India UU Lalit said on Monday.
In September last week, the constitution bench comprising Chief Justice Uday Umesh Lalit, Justice Dinesh Maheshwari, Justice S Ravindra Bhat, Justice Bela M Trivedi and Justice JB Pardiwala, reserved the order after all the parties concluded their arguments.
The Constitution Bench was dealing with issues relating to the Constitutional validity of reservations on the basis of economic conditions. The court has begun hearing the matter on September 13 and the hearing was heard for seven days.
The constitutional validity of the 103rd Amendment Act, 2019 enabled the State to make reservations in higher education and matters of public employment on the basis of economic criteria alone. The Janhit Abhiyan petition is the lead matter.
Janhit Abhiyan’s matter relates to the challenging constitutional validity of the 103rd Amendment Act, 2019 which enabled the State to make reservations in higher education and matters of public employment on the basis of economic criteria alone.
Moreover, the Janhit matter is being heard together with a case filed by the Andhra Pradesh government against the High Court’s decision quashing its decision of granting reservations in education and public service for the entire Muslim population of the State in 2005.