EWS quota does not violate basic structure’: SC upholds 103rd Constitutional amendment
The Supreme Court has upheld the 103rd Constitution Amendment providing for 10% quota for the economically weaker sections (EWS) from unreserved categories.The bench upheld the validity of the law by a majority of 3:2 and said that it does not violate the basic structure of the Constitution.
The issue concerned the constitutional validity of reservations made by the Economically Weak Section (EWS) in higher education and the issue of civil servants due to their financial situation.U.U. A constitutional bank of five judges headed by Chief Justice Lalit. Pardiwala said he reserved a verdict on 27 September.Justice Maheshwari, who read the judgement for himself, said the 103rd constitutional amendment cannot said to breach the basic structure of the Constitution.
Bhat Judge, in a minority opinion, opposed and nullified the constitutional amendment on EMS quotas. CJI Lalit agreed with his Bhat judge’s view.The endless hearings in this case lasted nearly seven days for him, during which a number of senior plaintiffs’ counsel and (then) Attorney General K.K. Venugopal and Attorney General Tushar Mehta defended the EWS quota.Complainants had argued in the Supreme Court that offering reservations on an economic basis excluding non-creamy layers of SC, ST, and OBC violated the Equality Act.TheCenter previously argued before the Supreme Court that the EWS reservation did not violate the basic structure.
Attorney General Venugopal, who represents the Center, previously stated that SCs and STs benefited from affirmative action and that promotions in government agencies, legislatures, panchayat and local governments should be taken with caution, and that EWS allocation is basic. It did not violate the legal constitutional structure. Defended the 103rd Amendment.
