Supreme Court upholds 10% quota for Economically Weaker Sections: 'No violation of Constitution'

Supreme Court upholds 10% quota for Economically Weaker Sections: 'No violation of Constitution 

Supreme Court upholds 10% quota for Economically Weaker Sections: 'No violation of Constitution'

New Delhi : The Supreme Court on Monday upheld the constitutional validity of 10 per cent quota for Economically Weaker Sections (EWS) in government jobs and educational institutes.

By a majority of 3:2 a five-judge Constitution Bench upheld the validity of the 103rd constitutional amendment under which the EWS quota was provided.

While Justice Dinesh Maheshwari, Justice Bela M Trivedi and Justice JB Pardiwala upheld the validity of EWS quota law, CJI UU Lalit and Justice S Ravindra Bhat delivered a dissenting verdict.

The majority said the EWS quota law does not violate the equality code of the Constitution or the basic structure of the Constitution.

The Bench had reserved its verdict on September 27 after hearing the petitioners, the Centre and others.

The Centre defended the EWS quota law, asserting that it did not violate the basic structure of the Constitution and did not disturb the 50 per cent existing quota meant for SCS, STs and OBCs. It has been given for the first time without eroding the “totally independent” reservation for SCs, STs and OBCs, it had contended during the hearing.

Noting that a constitutional amendment can only be challenged if it destroyed the basic structure of the Constitution, Solicitor General Tushar Mehta had argued that the ceiling of 50% has not been held inviolable.

The Constitution Bench broadly considered three questions, the first being whether the 103rd Constitution amendment Act can be said to breach the basic structure of the Constitution by permitting the State to make special provisions, including reservation, based on economic criteria.

The other two issues are: Whether the constitutional amendment could be said to breach the basic structure by permitting the state to make special provisions concerning admissions to private unaided institutions and whether it can be said to breach the basic structure of the Constitution in excluding the SEBCs/OBCs, SCs/STs from the scope of EWS reservation.

There are 40 petitions challenging the 103rd Constitutional Amendment Act, 2019, which introduced 10 per cent EWS reservation in public employment and educational institutes over and above the existing 50 per cent reservation to SCs, STs and Other Backward Classes.

Timeline

New Delhi: Following is the chronology of events in which the Supreme Court on Monday delivered judgment on 10 per cent reservation to people belonging to economically weaker sections (EWS) in admissions and government jobs:  

*Jan 8, 2019: Lok Sabha clears the 103rd Constitution amendment Bill.

*Jan 9: Rajya Sabha clears the 103rd Constitution amendment Bill.

*Jan 12: Ministry of Law and Justice issues notice, saying President Ram Nath Kovind has given assent.

*Feb: New law challenged before SC.

*Feb 6: SC issues notice to govt on pleas challenging amendment.*Feb: New law challenged before SC.

*Feb 6: SC issues notice to govt on pleas challenging amendment.

*Feb 8: SC declines to stay 10 per cent EWS quota.

*Sep 8, 2022: SC bench headed by CJI UU Lalit constitutes bench to hear appeals.

*Sep 13: SC starts hearing arguments.

*Sep 27: SC reserves order.

*Nov 7: SC, by majority of 3:2, upholds validity of 103rd Constitution amendment providing 10 pc reservation to EWS in admissions, govt jobs. PTI