The Supreme Court on Monday upheld the validity of the 103rd Constitution amendment providing 10 per cent reservation to economically weaker sections (EWS) in admissions and government jobs. Three out of five judges, which heard the petitions challenging the EWS reservation, upheld the EWS quota.
The judgment was pronounced by a five-judge bench headed by Chief Justice U.U. Lalit and also comprising Justices Dinesh Maheshwari, S. Ravindra Bhat, Bela M. Trivedi and J.B. Pardiwala.
Justice Dinesh Maheshwari in the judgment said the EWS quota law did not violate the basic structure or equality code for taking into account the economic criterion. He said the EWS reservation does not cause damage to any essential feature of the Constitution by exceeding the 50 per cent ceiling for quota since the ceiling is itself flexible.
Justice Trivedi said she concurred with the judgment passed by Justice Maheshwari. Trivedi said the EWS quota is valid.
Justice Pardiwala also ruled in favour of the EWS quota.
However, Chief Justice U.U. Lalit and Justice Bhat dissented with the other three judges on the bench.
Chief Justice U.U. Lalit and Justice Bhat said the law was discriminatory and violative of the basic structure of the Construction.
The Supreme Court pronounced its judgment on a clutch of petitions challenging the validity of the 103rd Constitution amendment providing 10 per cent reservation to economically weaker sections (EWS) persons in admissions and government jobs.