EWS hearing: SC upholds 10% quota, says it doesn't violate basic structure of Constitution

A five-judge Constitution bench of the Supreme Court on Monday upheld the validity of the Constitution's 103rd Amendment Act 2019, which provides for the 10% EWS reservation amongst the general category. The bench upheld the validity of the law by a majority of 3:2 and said that it does not violate the basic structure of the Constitution.
The matter related to the constitutional validity of reservations of the economically weaker section (EWS) in higher education and issues of public employment on the basis of financial conditions.

A five-judge Constitution bench, headed by Chief Justice U.U. Lalit and also comprising Justices Dinesh Maheshwari, S. Ravindra Bhat, Bela M. Trivedi and J.B. Pardiwala had reserved the judgment on September 27.


Justice Maheshwari, who read the judgement for himself, said the 103rd constitutional amendment cannot said to breach the basic structure of the Constitution.

Justice Bhat, in a minority view, dissented and struck down the constitution amendment on EWS quota. CJI Lalit concurred with the view of Justice Bhat.

The marathon hearing in the case lasted for nearly seven days, where a battery of senior lawyers argued for the petitioners and(then) Attorney General K.K. Venugopal and Solicitor General Tushar Mehta defended the EWS quota.

The petitioners had submitted before the Supreme Court that providing reservation on the basis of economic criteria, excluding SC, ST and OBC Non-Creamy Layer, breaches the equality code.

The Centre has earlier submitted before the Supreme Court that EWS reservation does not violate the basic structure.

Attorney General Venugopal, representing the Centre, had earlier submitted that SCs and STs have been given benefits by way of affirmative action -- given reservation in promotion in government jobs, legislature, panchayat and municipalities -- and the EWS quota does not violate the basic structure of the Constitution, as he defended the 103rd constitutional amendment.

He added that the EWS quota has been given without disturbing the 50 per cent quota, which is meant for the socially and economically backward classes (SEBC). The AG added that backward classes including the SCs, STs, and OBCs each contained economically weaker sections within themselves, and also the general category consisted of economically weaker sections, which were grossly poor. The AG contended that SCs, STs and OBCs quota is self-contained sections of backwardness and the EWS quota is separate.

(With inputs from agencies)