A five-judge Constitutional Bench of the Supreme Court has upheld the validity of the 103rd Amendment Act 2019 of the Constitution. The Supreme Court on Monday put its stamp on 10 percent reservation for the Economically Weaker Section (EWS). While hearing the matter, a five-judge Constitutional Bench has given its verdict in favor of EWS reservation by a margin of 3-2.
Justice Dinesh Maheshwari, Justice Bela M Trivedi, Justice JB Pardiwala have agreed on EWS reservation. The three judges are of the view that this reservation does not violate the Constitution. While pronouncing the verdict, the three judges also held that EWS reservation does not violate the ceiling of 50 per cent reservation. At the same time, CJI Justice UU Lalit and Justice Ravindra Bhat disagreed on this. Justice Ravindra Bhat said that the 50% limit of quota cannot be violated hence EWS reservation is not correct from any point of view.
Justice Dinesh Maheshwari, while giving his verdict, said that the big question was whether EWS reservation is against the basic spirit of the Constitution? Is it against the basic spirit to exclude SC / ST / OBC from this? He said that EWS reservation does not violate the Constitution in any way. EWS reservation is right for the economically weaker section. It does not violate any provision of the constitution. It does not violate the basic structure of the Constitution of India. At the same time, Justice Bela Trivedi said that Justice Dinesh Maheshwari is right and I also agree with his opinion. So Justice Pardiwala said that reservation is not the last line. This is the beginning of making everyone equal.
In fact, the constitutional validity of the EWS quota was challenged in the Supreme Court. After a long hearing on several petitions in this case, the court had reserved its decision on September 27. A bench of then CJI SA Bobde, Justice R Subhash Reddy, Justice BR Gavai referred the matter to a constitution bench on August 5, 2020.
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