SC reserves order on Constitutional validity of EWS quota

27 September, 2022 | Pragati Singh

Supreme Court Headlines

The Supreme Court deferred its decision on the constitutionality of reservations for the Economically Weaker Section (EWS) in higher education and public employment based on financial circumstances...

The Supreme Court deferred its decision on the constitutionality of reservations for the Economically Weaker Section (EWS) in higher education and public employment based on financial circumstances on Tuesday.

After the parties ended their arguments, the constitution bench of Chief Justice UU Lalit, Justice Dinesh Maheshwari, Justice S Ravindra Bhat, Justice Bela M Trivedi, and Justice JB Pardiwala reserved the order. The Constitution Bench was deliberating on the constitutionality of reservations based on economic circumstances. The court began hearing the case on September 13 and continued for seven days.

The petitioners had submitted before the Supreme Court that providing reservation on the basis of economic criteria, excluding Scheduled Caste (SC), Scheduled Tribes (ST) and Other Backward Class (OBC), Non-Creamy Layer, breached the equality code.

The Centre had earlier submitted before the Supreme Court that EWS reservation does not violate the basic structure. Attorney General for India KK Venugopal submitted before the Supreme Court that economically weaker sections (EWS) reservation does not violate the basic structure doctrine.

He further argued that nothing had been altered for SC-ST, and OBC, but qualitatively the purpose of the EWS quota was not to touch the 50 per cent reservation. This 10 per cent is in a different compartment, he submitted.

The AG was defending the constitution’s 103rd amendment that provided for the EWS reservation before a constitutional bench of the supreme court.

Attorney General For India KK Venugopal has also submitted that the amendment was affirmative action for the society’s weaker sections. EWS reservation does not erode rights given to SC, ST and OBC, he said.