Nov 07,2022:In a landmark verdict on Monday, a Supreme Court Constitution bench in a 3:2 majority decision upheld the 10 per cent reservation for economically weaker sections (EWS) in admissions and government jobs that excluded the poor among the SC/ST/OBC categories, saying it was not discriminatory and did not violate the basic structure of the Constitution.
Treating EWS as a separate category is reasonable classification and the 50 per cent ceiling on the total reservation under the Mandal judgment is ”not inflexible”, the judges said while dismissing petitions challenging the 103rd Constitution Amendment of 2019.
The bench headed by Chief Justice U U Lalit delivered four judgements on 40 petitions against the Amendment that was passed after the Centre decided to grant quota to the economically weaker sections. Justices Dinesh Maheshwari, Bela M Trivedi and J B Pardiwala upheld the EWS quota.
The CJI, on his last day of presiding court proceedings, was in minority with Justice S Ravindra Bhat when they ruled against it, holding that due to exclusion of poor of SCs, STs, and OBSs from its ambit the Amendment practices ”constitutionally prohibited forms of discrimination”.
Justice Maheshwari, who read the judgement for himself, said the 103rd Constitutional Amendment cannot be said to breach the basic structure of the Constitution. He said reservation is an instrument of affirmative action so as to ensure an all-inclusive march towards the goals of an egalitarian society and it is a means of inclusion of any class or section so disadvantaged.
