It is known that the central government has introduced 10 percent quota for the economically weaker sections of the upper castes (EWS). These reservations were upheld by the Supreme Court. The Supreme Court, which recently completed the hearing on several petitions filed on this matter, issued the final verdict on Monday.
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The bench gave a 3:2 verdict on EWS reservations. Justice Dinesh Maheshwari, Justice Bela Trivedi and Justice JB Pardiwala in the bench defended the reservations. CJI Justice U.U. Lalit and another judge, Justice Ravindra Bhatt, opposed it.
Justice Dinesh Maheshwari ruled that the 103rd constitutional amendment by giving 10 percent quota to EWS does not violate the basic structure of the Constitution. He said that these reservations do not violate the Equality Code and moreover, the 50 percent limit in reservations should not always be the same.
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Justice Bela Trivedi opined that there is no discrimination in allotting this reservation. Justice JB Pardiwala agreed with the judgments of both. However, Justice Rabindrabhat opposed their views. Justice Bhatt said that the 10 percent quota for EWS will exceed the 50 percent limit set by the Supreme Court on reservations. CJI Justice U.U. Lalit also agreed with Justice Bhatt.
The 103rd constitutional amendment provided 10% reservation in government jobs and educational institutions to economically weaker sections. Many petitions were filed in the Supreme Court challenging this. Many petitioners have questioned how this quota can be given beyond the 50 percent limit imposed by the Supreme Court in 1992 on reservations. Lawsuits were filed alleging that this was a violation of the original constitution. The Constitutional Bench, which conducted a long inquiry on this, upheld the reservations of EWS.
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