SC upholds validity of 103rd Constitution amendment providing 10 per cent reservation to EWS

SC upholds validity of 103rd Constitution amendment providing 10 per cent reservation to EWS

November 8, 2022

The Supreme Court, by a majority view of 3:2, upheld the validity of the 103rd Constitution amendment providing 10 per cent reservation to people belonging to economically weaker sections (EWS) in admissions and government jobs.

The top court said the law on EWS quota does not violate the basic structure of the Constitution.

At the outset, Chief Justice U U Lalit said there are four different judgements on pleas challenging the EWS quota.

Justice Dinesh Maheshwari, who read the judgement for himself, said the 103rd constitutional amendment cannot said to breach the basic structure of the Constitution.

Justice Bela M Trivedi said the 103rd constitutional amendment cannot be struck down on grounds of being discriminatory.

Justice J B Pardiwala concurred with their views and upheld the validity of the amendment.

Justice S Ravindra Bhat, in a minority view, dissented and struck down the constitution amendment on EWS quota.

CJI Lalit concurred with the view of Justice Bhat.

Also Read:Bombay HC strikes down retrospective EWS quota for Maratha candidates

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