Supreme Court validates 10% quota for EWS

Supreme Court validates 10% quota for EWS

A five-judge Constitution bench of the Supreme Court  preserved the validity of the Constitution’s 103rd Amendment Act 2019. Constitution’s 103rd Amendment Act 2019 furnishes for the 10% EWS reservation amongst the general category. In a five-judge bench four judges uphold the Act while one judge passes a dissenting judgment.

The matter referred to the constitutional validity of reservations of the economically weaker section (EWS) in higher education and issues of public employment on the basis of financial conditions.

103rd constitutional amendment act:

The Economically Weaker Sections (EWS), Other Backward Classes, Scheduled Castes, and Scheduled Tribes are entitled to have a 10% reservation for admission to central government and private educational institutions, as well as recruitment into central government jobs under the constitution’s 103rd amendment act.

Five-judge constitution bench:

A five-judge Constitution bench is headed by Chief Justice U.U. Lalit in which other four judges are Justices Dinesh Maheshwari, S. Ravindra Bhat, Bela M. Trivedi and J.B. Pardiwala.

Justice Bhat disagreeing with the majority verdict on upholding the validity of the 103rd constitutional amendment and passed a dissenting judgement while Justice Maheshwari, Justice Trivedi and Justice Pardiwala upheld its validity.

The marathon hearing in the case held up for nearly seven days, where a battery of senior lawyers argued for the petitioners and (then) Attorney General K.K. Venugopal and Solicitor General Tushar Mehta defended the EWS quota.

Petitioners VS Central Government:

The petitioners had presented before the Supreme Court that reservation providing on the basis of economic criteria breaches the equality code if they excluding SC, ST and OBC Non-Creamy Layer.

The Centre has earlier states before the Supreme Court that EWS reservation does not violate the basic structure.

On the behalf of the centre government Attorney General Venugopal represented that SCs and STs have been given benefits by way of affirmative action and given reservation in promotion in government jobs, legislature, panchayat and municipalities even the EWS quota does not violate the basic structure of the Constitution.

EWS quota has been given without disturbing the 50 per cent quota, which is meant for the socially and economically backward classes (SEBC).

Backward classes including the SCs, STs, and OBCs each carried economically weaker sections within themselves, and also the general category consisted of economically weaker sections, which were grossly poor.

Question & Answer:

Q1. Who headed a five-judge Constitution bench of the Supreme Court pertaining to uphold the validity of the Constitution’s 103rd Amendment Act 2019?

Ans. Former chief justice U.U. Lalit

Q2. How much percent quota was allowed to EWS (Economically Weaker Sections) for reservations in admission to central government and private educational institutions as well as recruitments?

Ans. 10%

Q3. In which year 103rd amendment was constituted for 10% EWS quota?

Ans. 2019

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