Supreme Court EWS Reservation: How the constitutionality of reservation was decided, know, the timeline of last 46 months – न्यूज़लीड India

Supreme Court EWS Reservation: How the constitutionality of reservation was decided, know, the timeline of last 46 months


India

oi-Jyoti Bhaskar

,

Published: Monday, November 7, 2022, 12:24 [IST]

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The Supreme Court is in favor of EWS Reservation.
On the last working day of Chief Justice UU Lalit in the Supreme Court, a five-judge constitution bench said, the provision of 10 per cent reservation for poor ‘Savarnas’ will remain intact. Let us inform that about three and a half years ago in 2019, the Central Government had made a provision of 10 percent reservation for the poor of the general category under the 103rd Constitutional Amendment. Three judges in the Supreme Court bench were in favor of upholding the reservation, while two judges disagreed. Know in this report of OneIndia Hindi, more than three and a half years in the case of reservation on economic basis

(about 46 months)

What happened in

Supreme Court EWS Reservation

Reservation on economic basis: where did it start

On 9 January 2019, the 103rd Constitutional Amendment took place in the Parliament of India. After this the government got the right to make provision for reservation in matters of higher education and public employment on the basis of economic criteria only. The Act amended Articles 15 and 16 of the Constitution. 15(6) and 16(6) were included. On January 12, 2019, after the President’s assent, a gazette notification was made and the way for reservation on economic basis was cleared across the country.

Governments got special powers

After this constitutional amendment, the government was able to make special provisions for the advancement of any economically weaker section of citizens, including reservation in educational institutions, under Article 15(6).

EWS Reservation is different from the reservation already available!

The provisions state that such reservation can be made in any educational institution. This includes both aided and unaided and also private institutions. Minority educational institutions covered under Article 30(1) are excluded from it. The provisions state that the upper limit of reservation for Economically Weaker (EWS) category will be 10%. This means up to 10% of the seats can be reserved for citizens falling in the EWS category. This 10% limit is different from the existing reservation limit.

Reservation in job too!

Article 16(6) enables the government to make provision for reservation in appointments. This provision is also in addition to the existing reservations.

40 petitions in SC against EWS Reservation!

The constitutional validity of the 103rd Constitutional Amendment was challenged in the Supreme Court. About 40 petitions were filed. According to the report of the Supreme Court Observer, the people opposing the amendment argued that the amendment violates the basic spirit of the Constitution. Allegations of violation of the fundamental right to equality were also made under Article 14.

Many arguments were given in opposition, the main ones being-

  • In view of the Supreme Court’s decision in Indra Sawhney v Union of India case (1992), reservation cannot be based on economic criteria alone.

  • SC/ST and OBC cannot be excluded from economic reservation, as it would violate the fundamental right to equality.

  • The 103rd Constitutional Amendment violates the rule established in the Indra Sawhney case, which states that the reservation shall not exceed the 50% limit.

  • Implementation of reservation on educational institutions not receiving government aid is a violation of the fundamental right to equality.

What is the current rule of reservation?

At present, 49.5% seats are reserved in education and public appointments. Of these, there are 15%, 7.5% and 27% quota for SC, ST and OBC respectively.

Case reached SC 20 months after rules were made

After five days of hearing in the year 2019, the Supreme Court had reserved its order on the issue of handing over the matter to the Constitution Bench. On 5 August 2020, the court decided to refer the matter to a five-judge bench.

When will the EWS reservation case be heard?

On August 30, 2022, the Supreme Court decided to hear the EWS reservation case from the first week of September. A 5-judge constitution bench headed by CJI Uday Umesh Lalit said the matter would be heard as well as a petition challenging the 2005 Act providing reservation to Muslims in Andhra Pradesh. According to the SC Observer report, on September 6, the CJI’s bench said, the court will decide when to hear the EWS reservation case first?

Three major questions before the court

On September 8, a bench headed by CJI UU Lalit, Attorney General K.K. Venugopal’s arguments on which points he would hear.

Three major questions before the court

Were-

  • Can reservation be given only on the basis of economic criteria?

  • Can the government provide reservation in private educational institutions as per the constitutional amendment, even if these institutions do not get government assistance?

  • Reasons for exclusion of Scheduled Castes, Scheduled Tribes, Other Backward Classes and Socially and Economically Backward Classes from the purview of EWS Reservation

    Will reservation on economic grounds be considered invalid and unconstitutional?

The way for reservation on economic basis is clear, but…

After hearing the arguments of all the parties, on September 27, 2022, the Constitution Bench said, the Supreme Court reserves the decision in the EWS Reservation case. On the occasion of CJI UU Lalit’s retirement, the country’s highest court gave a historic decision. After this, the way for reservation on economic basis was cleared. However, the Chief Justice himself disagrees with this reservation.

Supreme Court’s decision on reservation

The Supreme Court is not in favor of canceling the Upper Cast Reservation. The decision was taken by a majority of 3:2 in a bench headed by Chief Justice UU Lalit. The bench termed the reservation on economic grounds as constitutional and valid. Justice Dinesh Maheshwari, Justice Bela M Trivedi and Justice JB Pardiwala said, the reservation is constitutional and will continue to be so. Justice Dinesh Maheshwari said that reservation on economic grounds does not violate the basic structure of the Constitution. Justice Bela M Trivedi says, his decision is in concurrence with Justice Maheshwari and he said that the EWS quota in the general category is valid and constitutional. The poor of the general category will benefit. The right to equal opportunity is not violated.

CJI UU Lalit disagrees with reservation

CJI UU Lalit and Justice S Ravindra Bhat disagreed with the three judges. Justice S Ravindra Bhat has said that the 103rd Amendment is discriminatory, so I disagree. Justice Ravindra Bhat said that segregation of SC/ST/OBC in 10 per cent reservation is discriminatory. The Supreme Court had reserved the judgment on 27 September. 40 petitions were filed in the Supreme Court against reservation on economic grounds.

Also read- Upper Cast Reservation: Supreme Court's decision, reservation on economic basis will continueAlso read- Upper Cast Reservation: Supreme Court’s decision, reservation on economic basis will continue

english summary

Timeline of EWS Reservation Case, know what happened when since January 2019 after 103rd Constitution Amendment for Reservation.

Story first published: Monday, November 7, 2022, 12:24 [IST]

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