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10% EWS quota: Indian Supreme Court upholds reservation for economically miserable in faculties, govt jobs

The Supreme Court on Monday upheld the law that affords 10 per cent reservation for the Economically Weaker Sections (EWS) in academic institutions and govt jobs in India.

The SC Structure Bench upheld the law with a 3-2 majority, with Justice S Ravindra Bhat passing a dissenting judgement, and Chief Justice of India Uday Umesh Lalit concurring with it.

The bulk of the judges held that the 103rd Constitutional Amendment did now not violate the classic structure of the Structure.

The judges needed to opt if the law breached the 50 per cent ceiling limit whereas granting advantages; whether it erred whereas granting reservation entirely on the premise of enterprise criteria; and whether it excluded the miserable among the many oppressed categories be pleased the Scheduled Castes (SC)/ Scheduled Tribes (ST)/ Other Backward Courses (OBC) from EWS Quota.

Justice Dinesh Maheshwari, who read the judgement for himself, said the constitutional modification cannot breach the 50 per cent ceiling limit since the limit is no longer inflexible.

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Justice Bela M Trivedi said the 103rd constitutional modification cannot be struck down on grounds of being discriminatory, calling for the like to revisit the scheme of reservation within the bigger pursuits of the society.

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Justice J B Pardiwala concurred with their views and upheld the validity of the modification.

The law, which provides 10 per cent reservation for poorer sections of India’s “upper castes”, became once handed by Top Minister Narendra Modi-led govt months earlier than the 2019 customary elections.

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The Cabinet determined that this may per chance perhaps be over and above the present 50 per cent reservation for SC/ST/OBC categories.

The petitioners had questioned a lot of aspects of the EWS quota, at the side of how it goes to also sinful the 50 per cent national cap on reservation build of dwelling by the Supreme Court in 1992 and whether it changed the “customary structure” of the constitution.


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