New Delhi: The Supreme Court on Monday upheld the 103rd Constitution amendment providing a 10% quota to the people belonging to the economically weaker section (EWS) in government jobs and admissions in educational institutions. The apex court said that the quota does not violate the basic structure of the Constitution.
A five-judge constitution bench headed by Chief Justice UU Lalit gave four separate verdicts on 40 petitions challenging the validity of 103rd constitution amendment promulgated by the Central Government in 2019. While Justice Dinesh Maheshwari, Justice Bela M Trivedi and Justice JB Pardiwala upheld the law, Justice S Ravindra Bhat and the Chief Justice shot down the same in their minority view.
The judges read out four separate verdicts for more than 35 minutes in the courtroom. On September 27, the apex court reserved the verdict on the legal question of whether the EWS quota violated the basic structure of the Constitution. The Supreme Court heard the plea of a battery of senior advocates, including the Attorney General KK Venugopal and Solicitor General Tushar Mehta. The hearing lasted for six and a half days.
The apex court heard 40 petitions, including the one filed by Janhit Abhiyan in 2019, challenging the validity of the 103rd Constitution Amendment in 2019. Centre filed a few petitions seeking the transfer of pending cases, challenging EWS quota law, from various high courts to the Supreme Court for an authoritative pronouncement.
In 2019, the Centre informed the Supreme Court that the law, granting a 10% quota for EWS, was brought in to promote social equality by providing equal opportunities in higher education and employment to those who have been excluded because of their economic status. Both Houses of Parliament cleared the bill on January 8 and 9, 2019.
