New Delhi: The Supreme Court in a historic judgment on Monday upheld the validity of the Constitution’s 103rd Amendment Act 2019, which provides for 10% EWS reservation amongst the general category in admissions and jobs.
A five-judge Constitution bench in a 3:2 majority verdict has held that the Amendment’s provisions do not violate essential features of the Constitution.
Chief Justice of India UU Lalit and S Ravindra Bhat dissented from the majority verdict and struck down the 103rd Amendment Act.
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- “I have concurred with the view taken by Justice Bhat. The decision stands at 3:2,” said CJI Lalit while pronouncing his verdict in the last.
- Majority bench – Justices Dinesh Maheshwari, Bela Trivedi and JB Pardiwala upheld the EWS Amendment saying EWS quota does not violate the basic structure of the Constitution.
- While reading the judgement, Justice Maheshwari said, “The EWS amendment does not violate the equality code or the essential features of the Constitution.”
- He said reservation is an instrument of affirmative action so as to ensure an all-inclusive march towards the goals of an egalitarian society.
- Justice Bela M Trivedi said her judgment is in concurrence with Justice Maheshwari and that the EWS quota in the general category is valid and constitutional.
- She said, “The amendment as a separate class is a reasonable classification. Legislature understands the needs of people and it is aware of the economic exclusion of people from the reservation.”
- Justice JB Pardiwala in his separate but concurring judgement with Justices Maheshwari and Trivedi upheld the Act and said that reservation should not continue for an indefinite time.
- He said. “The ones who have moved ahead should be removed from backward classes so that ones in need can be helped. The ways to determine backward classes need a re-look so that ways are relevant in today’s time. Reservation should not continue indefinitely so that it becomes a vested interest.”
- Justice Bhat in his dissent verdict struck down the 103rd Amendment saying that while reservation on an economic basis is permissible, excluding SC/STs and Other Backward Classes from EWS cannot be permitted and amounts to discrimination against them.
- The Constitution bench verdict came on a batch of petitions, filed by NGOs Janhit Abhiyan and Youth for Equality, among others, challenging the Amendment on the ground that economic classification cannot be the sole basis for reservation.
- During the hearing, lawyers appearing for petitioners submitted that the 103rd Amendment granted reservation to upper castes and this was a violation of the basic structure of the Indian Constitution.
- It was contended by the lawyers of the petitioners that the quota on the economic ground alone is impermissible.
- The petitions were filed in the top court in 2019, challenging the validity of the Constitution’s 103rd Amendment Act 2019.
(With ANI inputs)