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Supreme Court Upholds Reservation Under EWS Quota

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A five-member Constitutional Bench of the Supreme Court in its judgment on 7 November upheld the 10% reservation enjoyed under the EWS (Economically Weaker Sections) quota.

The Supreme Court has upheld the 10 percent reservation given to the Economically Weaker People (EWS) from the general category. A five-judge Constitutional Bench headed by the Chief Justice upheld the 10% EWS quota 3-2.

Justice Dinesh Maheshwari, Justice Bela M Trivedi and Justice Pardiwala declared the 103rd Constitutional Amendment valid while ruling in favor of EWS reservation, while Chief Justice U U Lalit and Justice S Ravindra Bhat disagreed.

Opinion of judges on reservation under EWS quota….

Justice Maheshwari said, “Reservation is a positive measure not only for the economically backward but also for the interest of any disadvantaged class. Therefore, reservation only on economic grounds does not violate the Constitution. EWS to SC/ST and OBCs.” Keeping it out of quota is also constitutionally correct. EWS reservation is constitutional in addition to the 50 percent fixed reservation limit.”

Justice Trivedi said, “It is a logical classification to specify EWS as a separate category through the amendment. Parliament understands the need of the people and it is aware that the economic aspect is not included in the reservation. It cannot be said that India’s The caste system gave birth to reservation so that SC-ST community can get equal rights. After completing 75 years of independence, we need to look at reservation in a new mirror of the Constitution.”

Justice JB Pardiwala observed that “this constitutional amendment is completely valid”.

In a dissenting judgment, Justice S Ravindra Bhat observed that “reservation on economic parameters is not a violation of the Constitution. But the 103rd Amendment by excluding SC/ST/OBC poor from economically backward classes is the practice of constitutionally prohibited forms of discrimination.” does.”

Justice Bhat also expressed his opinion against the violation of the 50% limit in matters of reservation. “Allowing a violation of 50% will lead to division. The rule of right to equality will become a right to reservation which will take us back to Champakam Dorairajan,” he said.

There is a provision of affirmative measures in the constitution for providing adequate representation to the Scheduled Castes and Scheduled Tribes and backward class communities in government jobs and educational institutions with the aim of eliminating socially and educationally backwardness and providing adequate representation.

Constitutional provision regarding reservation….

According to Article 15(4) of Part III of the Constitution, “The State may, if it thinks so, make special provisions for the socially, educationally and economically backward or for the Scheduled Castes or the Scheduled Tribes.”

According to Article 16(4) “If the State feels that the backward classes are not adequately represented in the Government Services, it may reserve posts for them. Parliament under Article 330 and State Legislation in Article 332”. Seats have been reserved for scheduled castes and tribes in the sabhas.

Reservation on economic basis- 103rd Constitutional Amendment Act by the government in 2019, which is known as 10% quota for EWS. The EWS reservation was given on the basis of the recommendations of a commission headed by Major General (Retd) S R Singho. The commission, set up by the UPA government in March 2005, submitted its report in July 2010.

The anti-reservation petitioners on economic grounds also challenged the amendment on the ground that it violates the Supreme Court’s 1992 decision of Indra Sawhney et al. vs Union of India, which upheld the Mandal report and capped reservation at 50 per cent. Had given.

The petitioners argued that the amendment violated the basic structure of the Constitution and violated the overall ceiling of 50 per cent reservation as stated in the Indra Sawhney case.

Essential Qualification for Reservation on Economic Basis.

To get the reservation, the annual income should be less than 8 lakhs. The beneficiary should have less than 5 hectares of cultivable land. The beneficiary’s house should be built on less than 1000 square feet of land. The beneficiary should have less than 109 yards of notified land of the municipal corporation. The person does not come under any kind of reservation.

Governments should review the reservation policy, its procedure and the beneficiaries from time to time to ensure that the benefits of reservation are reaching the people who need it.

It is true that reservation is a national policy and constitutional commitment, but it should be considered that what should be the scope of its implementation, it should be decided by public consultation. When other constitutional provisions can be reviewed from time to time and if necessary, they should be amended so that the right person and the deprived section of the society can get its benefit.


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