Supreme Court Judgemnt on EWS Reservation : The Supreme Court issued an important decision on Monday granting a 10% reservation to the gener...
Supreme Court Judgemnt on EWS Reservation: The Supreme Court issued an important decision on Monday granting a 10% reservation to the general category of people on economic grounds, ruling that it does not violate the basic spirit of the Constitution. Three judges on the Supreme Court's five-judge bench ruled in favour of the EWS reservation, which will continue.
Let us remind you that over 30 petitions have been filed challenging the constitutionality of the 103rd Constitutional Amendment, which grants a 10% reservation to people from the Economically Weaker Section (EWS). In the most recent hearing, held on September 27, a five-member bench led by Chief Justice UU Lalit reserved the verdict.
Out of 5, three judges ruled in favor of reservation
Justice Dinesh Maheshwari upheld the 103rd Constitutional Amendment regarding EWS reservation, stating that it does not violate the Constitution's basic structure. EWS reservation in admissions and government jobs was also upheld by Justice Bela M Trivedi and Justice JB Pardiwala. Reservation, according to Justice Ravindra Bhatt, is not in accordance with the basic spirit of the Constitution. He stated that excluding ST, SC, and OBC from reservation is wrong.
Chief Justice Uday Umesh Lalit has also ruled against the decision to grant general category people economic reservation, stating that excluding the SC/ST/OBC community from economic reservation is discriminatory. In this case, he agreed with Justice Bhatt's decision. In this regard, this decision will be considered by a majority of 3:2.
On September 27, the Supreme Court had reserved the verdict
After hearing arguments from senior lawyers, including then-Attorney General KK Venugopal and Solicitor General Tushar Mehta, the Supreme Court reserved its verdict on the legal question of whether the EWS reservation violated the basic structure of the Constitution on September 27.
On September 13, educationist Mohan Gopal argued before the bench against the EWS quota amendment, calling it an attempt to destroy the concept of reservation "through the back door."
When what happened on EWS reservation?
Let us remind you that on January 8, 2019, the Central Government introduced a bill in the Lok Sabha to provide 10% economic reservation to people in the general category. This bill received 323 votes in favour and 3 votes against it.
Parties such as the DMK, the Left parties, and Reddy were all against it, and many MPs did not vote. The EWS Bill was introduced in the Rajya Sabha on January 10, 2019, with 165 MPs voting in favour and 7 voting against.
Following this, on 31 January 2019, the Central Government's Department of Personnel and Training issued a notification regarding EWS reservation and, through the 103rd Constitutional Amendment, by adding clause (6) to Articles 15 and 16, economically weaker economically weaker upper castes were provided jobs and educational institutions across the country. A 10% admission reservation has been announced.
In February 2020, five students petitioned the Madhya Pradesh High Court against EWS reservation, claiming that SC, ST, and OBC were excluded from the 10% EWS reservation, which violated the basic spirit of the Constitution. Many people, including Tamil Nadu's ruling party, petitioned the Supreme Court to challenge the Center's decision.
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