Apex Court refers to 5-Judge Bench pleas against 10% EWS Quota

On Wednesday, the Apex Court referred to a 5-Judge Constitution Bench pleas challenging the Centre’s decision to grant 10% quota to Economically Weaker Sections (EWSs) in jobs & admissions in the general category.

A 3-Judge bench headed by CJI SA Bobde said that a larger bench will decide the pleas filed by 35 petitioners challenging Centre’s decision.

The pleas filed by NGOs ‘Janhit Abhiyan’ & ‘Youth For Equality’ along with 33 others sought directions to quash the Constitution (103 Amendment) Act, 2019, saying that the economic criterion cannot be the sole basis for reservation.

Earlier, the Supreme Court had refused to stay the Centre’s decision to grant 10% quota in jobs & admissions to poor candidates in the general category.

The Centre had earlier defended its decision & contended that the Constitution (103 amendments) Act, 2019 granting 10% reservation to EWS is intended to uplift around 200 million people who are still below the poverty line.

The petitions said the bill violates basic feature of the Constitution of India as reservation on economic grounds can't be limited to the general category & the overall 50% ceiling limit cannot be breached.

Referring to the nine-judge bench decision of the Supreme Court in the landmark 1992 Indira Sawhney case, the plea had submitted that the latest amendment completely violated the Constitutional norm that economic criterion cannot be the only basis of reservation.

The quota will be over & above the existing 50% reservation to Scheduled Castes, Scheduled Tribes & Other Backward Classes (OBCs). 

Source Link