The Supreme Court, by a mass view of 3:2, verifies the validity of the 103rd amendment to the constitution providing 10% reservation to a person belonging to Economically Weaker Sections (EWS) in government jobs and education. Justice Bela M Trivedi, Justice Dinesh Maheshwari, and Justice JB Pardiwala govern in favor of quota. They stated that the law on reservation for EWS does not break the basic structure of the constitution. Meantime, Justice S Ravindra Bhatt disagreed, and the Chief Justice of India, UU Lalit, agreed with him.
What did the Supreme Court says?
On Monday, i.e., 7 November 2022, the Supreme Court conveyed a verdict confirming the validity of the 10% quota in government jobs and educational quota for the economically weaker sections of the general quota initiated by the Modi government in 2019. Although three judges held that the EWS reservation was constitutionally valid, but two judges disagreed. They continued that this reservation with 3:2 majority. CJI said it was discriminatory since it eliminated members of Scheduled Tribes, Scheduled Castes, and educationally and socially backward classes.
Opinion of Different Supreme Court Judges on EWS Reservation
The Bench, including Chief Justice of India (CJI) UU Lalit and Justices S Ravindra Bhatt, Dinesh Maheshwari, Bela M Trivedi, and JB Pardiwala, gave the judgment. In the 5 judgments conveyed, CJI Lalit and Justice Bhatt disagreed. While reading out the verdict, Justice Maheshwari stated that the 103rd constitutional amendment for the quota of EWS is valid. It does not violate the basic form of the constitution.
He stated that reservation is a confirmative action measure for economically and socially backward classes and for any deprived section. Thus reservation simply on an economic basis does not violate the constitution.
Prohibition of SC/ST and OBC from EWS reservations is constitutionally valid. EWS reservation in extension to 50% of all available seats is constitutional. This is because the limitation itself is flexible. It only applies to caste-based reservations.
Justice Pardiwala stated that the 103rd constitutional amendment is justifiable, agreeing with Justice Maheshwari and Trivedi.
Lalit and Bhatt disagreed with the mass verdict on the validity of the 103rd constitutional amendment, which they said accomplished constitutionally prohibited discrimination and hit at the heart of the equality code. Allowing violation of the 50% cap set on the reservation can usher to further infractions which can result in compartmentalization. “ Bhatt stated.
How it is different from other reservations?
EWS gives relaxation in government jobs and admission to educational institutions. There will be a 10% reservation under the quota of EWS in government jobs and educational institutions as the Apex court declared it clear on EWS reservation that it does not violate the principle and spirit of the constitution. Even the policy was carried out years ago. There is still some uncertainty about the benefit and eligibility of the people belonging to the weaker sections of society.
PM Modi- led the government to conduct the EWS quota in 2019 by bringing 103rd amendments to the constitution. The allocation of EWS quota was added in Clause 6 of Article 15 and Article 16 of the constitution. This clause provides the reservation to the general category of economically weaker given in jobs and educational institutions. According to the amendment, this reservation can be applied by any educational institution, including private institutions also. However, minority educational institutions are spared from the amendment.
A 10% reservation for the economically weaker people under the general category- a category that does not have members of Scheduled Tribes, Scheduled Castes, or other Backward classes was set in motion by Bhartiya Janata Party-led union government through a constitutional amendment in January 2019. This quota applies to all government jobs and admission to educational institutions, including private ones.
EWS Reservation and it’s Guidelines
Who is considered to be the prime beneficiary of EWS?
Unlike reservations based on caste and class, the quota provides reservations to the general category of the financially weaker section. The fact that a person coming under the general category comes under EWS depends upon his or his family’s annual income. A person to come under the EWS quota, his or his family’s income must be less than 8 lakh. In this, the source of income includes business, agriculture, and other professions.
Mandatory condition on the property of EWS
There are certain compulsory conditions for persons coming under EWS. A person must have less than 5 acres of agricultural land. Also, his residential flat must not be 200 square meters or more. And it should come under the municipality.
Proof for EWS
To demonstrate that he falls under the EWS of society, a person must have an “Asset and Income Certificate” to claim a reservation. Importantly, the certificate must be issued by Gazetted officers of the rank of Tehsildars or above. This income certificate will be authentic for a year. EWS beneficiaries must have to renew their certificate every year.
However, an educational institution run by minority groups is exempted from this facility.
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नम्बर को अंक में लिखों
Good article 👌