NEW DELHI: The Supreme Court has affirmed its ruling upholding the 10% quota granted to economically weaker sections (EWS) in jobs and admissions by dismissing a batch of pleas seeking review of the verdict.
The quota was introduced by way of the 103rd Constitutional Amendment which had inserted Article 15(6) and 16(6) in the Constitution.
A five-judge bench of CJI DY Chandrachud, Justices Dinesh Maheshwari, SR Bhat, Bela M Trivedi and JB Pardiwala said, “Having perused the review petitions, there is no error apparent on the face of the record. No case for review under Order XLVII Rule 1 of the Supreme Court Rules 2013. The review petitions are, therefore, dismissed.”
On November 7, 2022, a five-judge bench of the SC had upheld the amendment by a 3:2 majority. Justices Dinesh Maheshwari, Bela M Trivedi and JB Pardiwala had upheld the validity of the verdict. Former CJI UU Lalit and Justice SR Bhat had declared the 10% quota as “unconstitutional”.
Justice Dinesh Maheshwari while upholding the validity of the amendment, in his 154-page judgment, had said exclusion of the classes covered by Articles 15(4), 15(5) and 16(4) (SEBCs/OBCs/SCS/STS) from getting the benefit of reservation as EWS, being in the nature of balancing the requirements of non-discrimination and compensatory discrimination, did not violate the Equality Code and did not not in any manner cause damage to the basic structure of the Constitution of India. Justices Trivedi and Pardiwala had concurred with the view taken by Justice Maheshwari.
CJI UU Lalit and Justice SR Bhat in their minority view called the amendment as unconstitutional, void and violative of the basic structure of the constitution. “The impugned amendment and the classification creates, is arbitrary, and results in hostile discrimination of the poorest sections of the society that are socially and educationally backward, and/or subjected to caste discrimination. For these reasons, the insertion of Article 15(6) and 16(6) is struck down, is held to be violative of the equality code, particularly the principle of non- discrimination and non-exclusion which forms an inextricable part of the basic structure of the Constitution,” the bench opined in their minority view.