The Supreme Court Constitutional Bench on Monday upheld the validity of 103rd Constitutional Amendment by 3:2 majority which introduced 10% reservation for Economically Weaker Sections (EWS) in education and public employment.
The Supreme Court bench consisting the Chief Justice of India U U Lalit said that 10% reservation for EWS from unreserved categories is constitutional and legal and the beneficiaries can avail the quota for admission to government as well as private, unaided institutions and government jobs.
Justice Trivedi said that there is a need to revisit the reservation policy and it should have a time span. The court emphasised that the quota system should not be allowed to go on for an indefinite period and a time-limit be fixed on it to pave the way for a casteless and classless society.
Justice Pardiwala said reservation is a means to secure social and economic justice in our society. Those people who have developed and attained an acceptable standards of education and employment should be removed from the backward categories so that the attention can be paid toward those classes which genuinely need help.
Justice S. Ravindra Bhat from the minority group said that reservation on economic criteria is not violative. The economic criteria can be used to provide reservation in education under Article 15 but not for the purpose of reservation in jobs under Article 16. However, by excluding the poor among SC/ST/OBC from EWS (on the ground that they enjoyed benefits) is a form of discrimination.
What is EWS Reservation?
The Central Government put forth the 10% reservation quota for candidates in the Economically Weaker Sections (EWS) of the society for admissions and government jobs in 2019. The act provides reservation of 10% seats in educational institutions and public employment for EWS of citizens apart from SC, ST and socially and educationally backward classes.
Economically Weaker Sections (EWS) in India is a sub-category of people having an annual family income less than ₹8 lakh and who do not belong to any category such as SC/ST/OBC. In terms of land acquisition, a family should own any agricultural land less than 5 acres.
image credits: Bar & Bench
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