EWS reservations do not violate the basic structure of the Constitution-Upheld by the Supreme Court
Amaravati: The Supreme Court has delivered a landmark judgment on the constitutionality of EWS reservations. EWS reservations were upheld by Supreme Court Chief Justice Justice U.U Lalit, Justice Dinesh Maheshwari and Justice Bela Trivedi. The Supreme Court clarified that the creation of EWS reservation did not violate the basic structure of the Constitution. The Bench upheld the validity of the 103rd Constitutional Amendment Act. Justice Bela M Trivedi concurred with the views of Justice Lalit and Maheshwari. 10 percent reservation for upper caste poor, these reservations are provided on the basis of economic backwardness rather than social backwardness, instead of those who are discriminated on the basis of caste, religion and race, Justice Dinesh Maheshwari and Justice Bela Trivedi dismissed several petitions filed in the Supreme Court challenging the government’s decision of wrongly considering only economic backwardness. Delivering the final judgment on Monday, Justice Maheshwari and Justice Bela Trivedi said that the provision of 10% reservation for economically weaker sections is correct. Justice Dinesh Maheshwari said that the 103rd Constitutional Amendment is valid for EWS quota, it does not violate the basic structure of the Constitution and EWS quota is valid. Justice Bela M Trivedi said that he agreed with Justice Maheshwari’s view that it was constitutional. EWS quota was upheld by Justice U.U Lalit. The central government has made it clear that EWS reservation has been provided to achieve equality in the society. The central government’s argument is that reservations beyond 50% can be made in special circumstances. The central government has made it clear that EWS reservations do not violate the basic structure of the constitution.