10% reservation for the EWS Will Continue: 3 out of 5 Judges of the Supreme Court in favor of EWS, Say 'It isn't Constitutional'

The Supreme Court has also upheld the decision of giving 10% reservation to the economically weaker sections in the general category. 3 out of 5 judges did not consider the government's decision of EWS reservation as a violation of the constitutional framework. That is, this reservation will continue. Chief Justice UU Lalit and Justice Ravindra Bhatt ruled against the EWS, while Justice Dinesh Maheshwari, Justice Bela Trivedi, and Justice JB Pardiwala ruled in favor.

Read the verdict of 3 judges in favor of EWS.

1. Justice Dinesh Maheshwari- Reservation given only on economic grounds does not violate the basic structure of the Constitution and the right to equality. Reservation based on the 50% ceiling is not a violation of the EWS reservation basic structure, as the 50% reservation limit is not immutable.

2. Justice Bela Trivedi- I agree with Justice Dinesh Maheshwari and hold that the EWS reservation is not a violation of the basic structure nor is it any bias. This change should be seen only as helping the economically weaker section. It cannot be called unfair.

3. Justice Pardiwala- While agreeing with Justice Maheshwari and Justice Bela Trivedi, I would like to say here that there is no end to the reservation. It should not continue for eternity, or else it will turn into personal selfishness. Reservation is meant to end social and economic inequality. This campaign started 7 decades ago. Development and education have worked to bridge this gap.

EWS reservation in education and government jobs came into force in January 2019 under the 103rd Constitutional Amendment. Many people, including Tamil Nadu's ruling party DMK, challenged this by filing a petition in the Supreme Court.

The then Attorney General KK Venugopal, appearing for the Centre, had said during the hearing that the government did not break the 50% barrier of reservation. He had said- In 1992, the Supreme Court itself had ruled that more than 50% reservation should not be given so that the remaining 50% space is left for the general category people. This reservation is only for the general category people falling 50%. It does not disturb the remaining 50% block.

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