New Delhi: The Supreme Court upheld the 103rd amendment to the Indian Constitution for implementing reservation for economically weaker sections of the society on Monday, saying it is not discriminatory and does not alter the basic structure of the constitution. The judges said the EWS quota does not violate the constitution on account of the 50% ceiling limit.
Justice S Ravindra Bhat dissented with the majority opinion of the bench and stated the amendment undermines the fabric of social justice and thereby the basic structure. A five-judge bench comprising Chief Justice of India UU Lalit, Justices Dinesh Maheshwari, S Ravindra Bhat, Bela M Trivedi and JB Pardiwala who held a hearing for seven days gave the verdict. All the judges, except Justice S Ravindra Bhat, upheld the reservation.
The EWS reservation was launched just before the 2019 general election and bypassed affirmative action that benefits communities traditionally marginalised in Indian society. The 103rd constitutional amendment was cleared in January 2019 by the Centre soon after the ruling BJP lost the Madhya Pradesh, Rajasthan and Chhattisgarh elections. It was instantly challenged in the Supreme Court. The reservation is applicable in all educational institutions, including private institutions, whether aided or unaided, except minority educational institutions.
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