EWS quota: SC reserves judgment on challenge to 103rd constitutional amendment

The Supreme Court of India. (File image)

The Supreme Court on September 27 reserved its judgement on challenge to the validity of the 10% quota granted to the Economically Weaker Section (EWS) candidates in higher education and employment.

A five-judge constitution bench headed by Chief Justice of India UU Lalit was hearing a batch of petitions that challenged the 103rd constitution amendment passed by the Parliament. This amendment provided for reservation in admission to government colleges and employment in government sector on the basis of financial standing.

The apex court heard the case over seven days which saw around 20 counsel advance their arguments. The judgment in the case is expected to be delivered before November 8 when CJI Lalit is scheduled to demit office.

The conclusion of this case coincided with the opening of live streaming of Supreme Court's hearing of constitution bench cases.

The bench also comprising Justices S Ravindra Bhar, Dinesh Maheshwari, SB Pardiwala, and Bela Trivedi had fixed three questions for its consideration.

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.

The court relied on Attorney General for India KK Venugopal's suggestion for laying down the three main issues for consideration. Lawyers, the court had said, were permitted to expand on these issues during their arguments.