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10 percent quota for EWS upheld by Supreme Court

10 percent quota for EWS upheld by Supreme Court

It is good news for the Economically Weaker Section, the supreme court on Monday, in a 3:2 ratio judgement, upheld the 10 per cent reservation quota for persons from economically weaker sections (EWS) in admissions and government jobs. The SC observed that it does not violate the basic structure and the equality code.

The five-judge bench was headed by Chief Justice Uday Umesh Lalit and comprised Justices Dinesh Maheshwari, S Ravindra Bhat, Bela M Trivedi, and J B Pardiwala. While CJI Lalit and Justice Bhatt dissented against the EWS quota, the other three judges ruled in favour, leading to a 3:2 ratio judgement.

Quote by Justice on EWS judgment

In his conclusion, Justice Dinesh Maheshwari said that “reservation on economic criteria does not violate basic structure.” The ceiling limit of 50 per cent is not inflexible, he added.

Justice Bela M Trivedi: “Socially and Educationally Backward Classes form separate categories. They can’t be treated at par with unreserved categories. The benefit under EWS can’t be said to be discriminatory.

The 103rd Amendment inserted Articles 15(6) and 16(6) in the Constitution to provide up to 10 per cent reservation to the economically weaker sections (EWS) among non-OBC and non-SC/ST sections of the population.