oi – Ankur Sharma
EWS Reservations Verdict: The Supreme Court of the country has given a big decision on Monday. It has upheld the EWS Reservation Verdict i.e. EWS Reservation. Let us tell you that by amending the Constitution, the Modi government at the Center had made a provision of 10 percent reservation for the economically weaker people of the general category, which was challenged in the Supreme Court. Considering this provision of the government to be correct, the court has rejected the petition of the opponents, now after this decision, people of general category will also get 10 percent reservation on economic basis. The special thing is that this matter was being heard by a constitutional bench of 5 judges, but the decision of reservation on economic basis has come from 3-2.
Let us tell you that there were five judges in the Constitutional Bench that heard the case. Whose names are CJI UU Lalit, Justice Dinesh Maheshwari, Justice Bela M Trivedi, Justice JB Pardiwala and Justice S Ravindra Bhat. While Justice S Ravindra Bhat disagreed on the provision of reservation, while agreeing with his point, CJI UU Lalit also said that he agrees with Bhat. In fact, according to Live Law Media, Justice Bhat said that keeping SC / ST / OBC out of the purview of EWS reservation is discriminatory.
He said that Sections 2 and 3 of the 103rd Amendment Act violate the basic structure of the Constitution. He said that the Modi government has made a provision of 10 percent reservation for the economically weaker sections of the general category by amending the constitution, that classification is arbitrary. He said that reservation on economic parameters itself is not violative but keeping SC/ST/OBC out of the purview of EWS reservation is discriminatory.
‘This is not a violation of anyone’s fundamental right’
While Justice Bhat has said this, on the other hand Justice Bela Trivedi has also not considered EWS reservation as a violation of fundamental right, he said that it is right and it should be. This is not a violation of any fundamental right and therefore I uphold the constitutional validity of the 103rd Constitutional Amendment. Justice Dinesh Maheshwari and Justice JB Pardiwala also agreed on this point, after which the Supreme Court has given the decision to continue the reservation under the EWS quota.
What is EWS Reservations?
Let us tell you that in the year 2019, the Modi government at the Center had brought the 103rd amendment to the Constitution, under which there was talk of giving 10 percent reservation in jobs and education to the economically backward but general category people, on which the opposition parties were divided. had disagreed and more than 40 petitions were filed in the Supreme Court against this decision, which was heard by the Supreme Court but had reserved its decision in this matter on September 27 and today it has put its stamp on EWS reservation. has given.
Upper Cast Reservation: Supreme Court’s decision, reservation on economic basis will continue
Justice Bhat : Summary of findings –
1. Reservation on economic criteria is per se not violative.
2. Excluding backward classes from SC/ST/OBC from EWS is violative of basic structure.
— Live Law (@LiveLawIndia) November 7, 2022
Supreme Court upholds 10 per cent quota for economically weaker sections in 3:2 split verdict.Justice Bhat did not agree with EWS reservation, said – why discrimination against SC / ST / OBC. read details here.
Story first published: Monday, November 7, 2022, 11:59 [IST]