SC upholds 10% quota for economically weaker sections in jobs, education

The Supreme Court of India. (File image)

The Supreme Court on November 7 upheld the 103rd constitutional amendment, securing 10 percent reservation for the economically weaker section (EWS) in admission to educational institutes and in government jobs.

The apex court said the law on EWS quota does not violate the basic structure of the Constitution.

A five-judge Constitution bench, headed by Chief Justice UU Lalit upheld the validity of the law by a 3:2 majority. While justices Dinesh Maheshwari, Bela Trivedi and JB Pardiwala were in majority view, the chief justice and Justice S Ravindra Bhat backed the minority view.

At the outset, the chief justice said that there are four different judgements on pleas challenging the EWS quota.

Justice Dinesh Maheshwari, who read the judgement for himself, said the 103rd constitutional amendment cannot breach the basic structure of the Constitution. Any reservation that is structured singularly on economic criteria does not violate the basic structure of the Constitution, he said.

Justice Bela M Trivedi said the 103rd constitutional amendment cannot be struck down on grounds of being discriminatory. Justice J B Pardiwala concurred with their views and upheld the validity of the amendment.

Justice Ravindra Bhat, in a minority view, expressed his dissent and said that the court is sanctioning a discriminatory order. By excluding the poor among SC/ST/OBC from economically backward classes, the amendment practices constitutionally prohibited forms of discrimination, he added. CJI Lalit concurred with the view of Justice Bhat.

Earlier on September 27, the apex court had reserved the judgment on EWS quota.

The court was hearing arguments on the aspect of whether the 103rd amendment effectively violates the basic structure by permitting carving out reservation based on financial standing, by allowing states to make special provision for admission of students to private unaided institutes, and by excluding the socially backward sections from availing the said quota.

Lauding the decision, BJP general secretary (organisation) B L Santhosh said, "Supreme Court upholds the legality of EWS reservation for unreserved sections. Another big credit for PM Narendra Modi's vision of Gareeb Kalyan. A big boost in the direction of social justice ."

Echoing the view, BJP general secretary C T Ravi said the verdict is yet another victory for Modi in his mission to provide social justice to India's poor.

Elsewhere, Chairman of Unorganized Workers & Employees Congress (KKC), Udit Raj tweeted, "I am not against EWS reservation but is pained to observe the upper caste mindset of Supreme Court that it took total U-turn today what it had been holding ever since Indira Sahani judgement. Whenever SC/ST/OBC reservation matters came, SC always reminded the limit of 50%."

Devendra Fadnavis, Deputy Chief Minister of Maharashtra said that Supreme Court's green signal to PM Modi's 10% EWS reservation quota will create new educational & employment opportunities. EWS reservation will be provided to the financially backward people who do not get covered into any caste reservations

With agency inputs