EWS Reservations: The High Court on Monday maintained the legitimacy of the 103rd Constitutional Alteration giving 10% amount to the Economically Weaker Section (EWS) in positions and schooling. A five-judge Constitution seat headed by Boss Equity of India U Lalit passed the ruling for reservation with 3:2 greater part. Judges Dinesh Maheshwari, Bela M Trivedi, and J B Pardiwala articulated their own different yet agreeing decisions maintaining the legitimacy of the law.
In the judgment, Justice Maheshwari stated that the EWS Reservations quota law did not violate the equality code or the basic structure by taking the economic criterion into account. He stated that the EWS reservations does not violate any essential Constitutional feature by exceeding the quota ceiling of 50% because the ceiling is flexible.
“Reservation on economic criteria does not violate the basic structure of the constitution… EWS reservation does not violate the equality code,” Justice Dinesh Maheshwari spoke about EWS Reservations.
Justice, Bela M. Trivedi agreed with Maheshwari that the general EWS quota was constitutional and valid. The EWS quota was also upheld by Justice JB Pardiwala. However, Justice Bhat and CJI Uday Umesh Lalit declared the amendment unconstitutional.
Justice Bhat protested, saying, “This amendment is deluding us to believe that those getting social and backward class benefit is somehow better placed. This court has held that 16(1) and (4) are facets of the same equality principle.”
The judgment of the Supreme Court was handed down in response to a number of petitions submitted by the NGO “Janhit Abhiyan” and others.
