Supreme Court to pronounce judgement on November 7 on plea against 10% EWS quota in admissions, jobs

The Supreme Court is scheduled to pronounce on Monday its judgement on a plea questioning the validity of the 103rd Constitution Amendment providing 10 per cent reservation to economically weaker sections (EWS) in jobs and education.

A five-judge Constitution bench presided over by Chief Justice U U Lalit had reserved the judgement on September 27 after wrapping up a seven-day long hearing on a batch of petitions filed by NGO 'Janhit Abhiyan' and others.

The bench also comprised Justices Dinesh Maheshwari, S Ravindra Bhat, Bela M Trivedi and J B Pardiwala.

According to the Supreme Court's website, Justice Lalit and Justice Bhat would pronounce two separate judgements in the matter.

Then Attorney General K K Venugopal and Solicitor General Tushar Mehta had defended the EWS quota.

The Centre had claimed that in order to ensure a 10 per cent EWS quota does not eat into SC ST OBC & general category seats, it has directed all central educational institutes to increase seat intake by 25 per cent. A total of 2.14 lakhs additional seats at a cost of Rs 4,315.15 Cr have been approved.

In his submission, the then A-G had said the EWS quota has been given without disturbing the 50 per cent quota, meant for the socially and economically backward classes (SEBC).

On behalf of petitioners, senior advocate P Wilson had argued that Article 15(4) & 16(4) of the Constitution are enabling provisions to grant reservations which are affirmative action to offset centuries of social discrimination and promote equality. He claimed the 103rd Amendment nullifies and destroys the substantive equality sought to be achieved by Articles 15(4) & 16(4) and takes SC/ST/OBCs back to pre-Constitution conditions in the society.

“In Indra Sawhney (Mandal Commission), this court has held that reservations based on economic criteria will lead to virtual deletion of Art 15(4) and 16(4),” he had said.