May 22, 2024
Supreme Court Upholds 10% EWS Reservation Decision

Supreme Court Upholds 10% EWS Reservation Decision

In a progressive move, a bench of judges of the Supreme Court Of India upheld the decision of the Economically Weaker Section (EWS) reservations.

The bench consisting of five judges and senior lawyers, is headed by retiring Chief Justice Uday Umesh Lalit. The decision is favored by 3 members of the bench and objected to by 2 members.

After considering the seven days hearing and the majority of votes in favor of the decision,  the bench is ready to pronounce the judgment.

The 103rd Constitutional amendment for introducing the reservation to Economically weaker sections for education and employment has been challenged by petitioners in the Supreme Court.

The provision allows various people whose annual income is below 8 lakhs and does not come under any other reservation categories of Scheduled Caste/ Tribes(SC/ST), Backward Classes, and Other Backward Classes(BC), (OBC) to be eligible for 10% reservation in education and employment sectors.

The amendment was made by the Parliament of India in 2019 after considering the recommendations of the S R Sinha committee appointed by the UPA government in 2005. The committee submitted a report after 5 years in 2010 stating that all the families belonging below the poverty line and having an annual income below the tax limit can be classified as economically weaker sections.

Following the report, in 2019 UPA government introduced the bill asking to allot EWS reservations for eligible General categories in the lower house of Parliament. The bill was later approved by the parliament with majority votes.

After the passing of the bill, many people petitioned against it in Supreme Court, alleging that it was an attack on the constitutional vision of social justice. The Supreme Court bench has listened to the arguments and concluded that the amendment is not discriminatory and it doesn’t violate the basic structure of the constitution.

A member of the bench, Justice Trivedi, said: “I have said what was envisioned by the framers of the Constitution and what was proposed by the Constitution Bench in 1985 and what was sought to be achieved on the completion of 50 years of the advent of the Constitution that the policy of reservation must have a time span has still not been achieved even at this stage that is the completion of 75 years of our Independence.”

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