New Delhi: On Monday, In a big win for the government, 10 per cent EWS reservation has been approved by the Supreme Court, the Constitution Bench has declared constitutional and valid by a majority of 3:2. Justice Dinesh Maheshwari, Justice Bela M Trivedi and Justice JB Pardiwala gave the majority verdict and the 103rd Amendment to the Constitution of 2019 has been declared constitutional and valid.
New Delhi: The 10 per cent EWS reservation has been approved by the Supreme Court, the Constitution Bench has declared constitutional and valid by a majority of 3:2 on Monday. Justice Dinesh Maheshwari, Justice Bela M Trivedi and Justice JB Pardiwala gave the majority verdict and the 103rd Amendment to the Constitution of 2019 has been declared constitutional and valid. The court said – EWS quota did not violate the basic structure of the constitution. With this, the petitions against the reservation have been dismissed.
The poor of the general category will benefit from the EWS quota. EWS quota does not violate the right to equality before law and equal opportunity in public employment on grounds of religion, caste, class, sex or place of birth and not. At the same time, Justice Ravindra Bhatt said that it is discriminatory to separate SC / ST / OBC from this 10% reservation. The Supreme Court said that the EWS quota does not impede the 50% quota for socially and economically backward classes.
CJI Lalit termed it as unconstitutional and while Justice S Ravindra Bhatt also disagreed and termed it as unconstitutional. Justice Ravindra Bhatt said that the 103rd Amendment is discriminatory. Both have disagreed on the majority decision.
Justice Pardiwala said that by agreeing with the views of the majority and upholding the validity of the amendment, I say that reservation is a means to secure economic justice and vested interests should not be allowed in it. This exercise of eradicating this cause started after independence and is still going on.
Justice Dinesh Maheshwari termed the EWS reservation as constitutional and said that it does not violate any provision of the constitution. This reservation does not harm the Constitution. This is not a violation of the Equality Code.
Justice Bela Trivedi also upheld the reservation. Agreed with Justice Maheshwari on this. Justice Trivedi said that if the state can justify it, then it cannot be considered discriminatory. There is a need for amendment in the form of affirmative action for the advancement of EWS citizens. Equals cannot be treated equally. SEBC creates separate categories. Cannot be treated at par with unreserved category. Benefits under EWS cannot be said to be discriminatory.