A five- judge Constitutional Bench of the Supreme Court confirmed the judgment backing EWS quota with 3:2 majority ratio.
The Supreme Court of India has introduced 10% of EWS reservation quota by Central Government.
The reservation quota is provided for Higher education admission and Government Job vacancies for people belonging to Economically Weaker Sections.
The Constitutional bench of India’s apex court consists 5 members.
Lead by Chief Justice of India Uday Umesh Lalit, followed by Justice Dinesh Maheshwari, S Ravindra Bhat, Bela M Tripathi and J B Padiwala.
The five-judge Constitutional bench of Supreme Court provided the judgement with a 3:2 majority ratio.
The ratio states that out of the 5 judges of Constitution bench 3 were in the favour of the judgement.
Thus, the five judges pronounced the judgement by sustaining the validity of the 103rd Amendment Act of the Constitution.
Justice Maheshwari stated that 10% EWS quota law will not affect the structure of the Constitution.
Justice Maheshwari also added that the law will not cause damage to any essential features by crossing 50% cieling for quota system.
Justice Tripathi and Justice Padiwala also supported the law .
Whereas Chief Justice Lalit and Justice Bhat were against , as they belived that the law will violate the Constitutional structure, since the law does not cause discrimination due to the categories.
“Economic destitution, economic backwardness is the backbone of this amendment and on this account, the amendment is constitutionally indefensible. However, excluding the classes such as Scheduled Caste/Scheduled Tribes, Other Backward Classes (OBC) is not constitutionally permissible,” Justice Bhat stated.
The Supreme court has heard around 40 petitions filed in 2019 by the “Janhit Abhiyan” which were based on questioning the validity of 103rd Constitution Amendment Act.
The Central Government has proved that EWS reservation do not affect the structure of the Constitution.
The case had been first produced to the three judges who referred it to the Constitution bench in 2019.
The case had hearing for seven days in the month of September this year and the judgement was reserved to date.
Featured Image Credit: Economic Times
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