Express News Service
NEW DELHI: Congress leader Dr Jaya Thakur has approached SC seeking a review of SC’s verdict that upheld the 10% quota granted to EWS in jobs and admissions. The quota was introduced by way of the 103rd Constitutional Amendment which had inserted Articles 15(6) and 16(6) in the Constitution.
On November 7, 2022, a five-judge bench of the SC 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”.
The Congress leader has sought review against the majority verdict delivered by Justices Dinesh Maheshwari, Bela M Trivedi and JB Pardiwala on November 7, 2022.
Justice Dinesh Maheshwari while upholding the validity of the amendment, in his 154-page judgment had said the 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 Equality Code and did 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. The minority verdict was delivered by former CJI UU Lalit and Justice SR Bhat.
ALSO READ | Tamil Nadu parties turn down 10 per cent EWS quota amendment
Seeking review, the congress leader has argued 10% reservation provided to EWS of only forward caste was a breach of the equality code amounting to discrimination. The plea further added that exclusion of SC/ST/OBC is a violation of the right to equality which the part of the basic structure.
Countering the views taken by judges in the majority, the plea also says, “Justice Maheshwari’s finding that the exclusion of SC/ST/OBC from the 103rd Amendment does not violate equality, is completely problematic because the yardstick for the same is one’s economic basis only. Justice [Bela M.] Trivedi, while upholding the 103rd amendment stated that a re-visit into the reservation policy is necessary, which is contrary to her own findings in the judgement. Meanwhile, Justice J.B. Pardiwala’s judgment notes that Dr B.R. Ambedkar wanted to place a time limit on reservations is incorrect.”
Giving an example of Madhya Pradesh, it has also been contended in the plea argues that though OBCs constitute more than 50% of the state’s population, only 13% of the posts in state services and educational institutions are reserved for these communities.
“The reservations for the SC and ST communities are in proportion with their share of the population,” the plea also says.
NEW DELHI: Congress leader Dr Jaya Thakur has approached SC seeking a review of SC’s verdict that upheld the 10% quota granted to EWS in jobs and admissions. The quota was introduced by way of the 103rd Constitutional Amendment which had inserted Articles 15(6) and 16(6) in the Constitution.
On November 7, 2022, a five-judge bench of the SC 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”.
The Congress leader has sought review against the majority verdict delivered by Justices Dinesh Maheshwari, Bela M Trivedi and JB Pardiwala on November 7, 2022.
Justice Dinesh Maheshwari while upholding the validity of the amendment, in his 154-page judgment had said the 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 Equality Code and did 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. The minority verdict was delivered by former CJI UU Lalit and Justice SR Bhat.
ALSO READ | Tamil Nadu parties turn down 10 per cent EWS quota amendment
Seeking review, the congress leader has argued 10% reservation provided to EWS of only forward caste was a breach of the equality code amounting to discrimination. The plea further added that exclusion of SC/ST/OBC is a violation of the right to equality which the part of the basic structure.
Countering the views taken by judges in the majority, the plea also says, “Justice Maheshwari’s finding that the exclusion of SC/ST/OBC from the 103rd Amendment does not violate equality, is completely problematic because the yardstick for the same is one’s economic basis only. Justice [Bela M.] Trivedi, while upholding the 103rd amendment stated that a re-visit into the reservation policy is necessary, which is contrary to her own findings in the judgement. Meanwhile, Justice J.B. Pardiwala’s judgment notes that Dr B.R. Ambedkar wanted to place a time limit on reservations is incorrect.”
Giving an example of Madhya Pradesh, it has also been contended in the plea argues that though OBCs constitute more than 50% of the state’s population, only 13% of the posts in state services and educational institutions are reserved for these communities.
“The reservations for the SC and ST communities are in proportion with their share of the population,” the plea also says.
