‘EWS quota does not violate basic structure’: SC upholds 103rd Constitutional amendment

The amendment had introduced a 10 per cent reservation for Economically Weaker Sections (EWS) in admissions to educational institutions and government jobs.

The Supreme Court Monday, while hearing a clutch of petitions challenging the constitutional validity of the 103rd amendment to the Constitution, said that reservation on economic basis does not violate the essential features of the Constitution of India.

The amendment had introduced a 10 per cent reservation for Economically Weaker Sections (EWS) in admissions to educational institutions and government jobs.A five- judge bench of the Supreme Court, led by Chief Justice UU Lalit, pronounced the judgment. 

Reading out the order, Justice Dinesh Maheshwari said: “EWS reservation does not violate the equality code or violate essential feature of constitution and breach of 50 percent does not violate basic structure as the ceiling limit is here only for 16(4) and (5),” Justice Dinesh Maheshwari said.He added: “Reservation on economic basis does not violate the basic structure or Constitution of India.”

Justice Bhat, while dissenting to the judgment of the aforesaid judges, said: “Amendment practices constitutionally prohibited discriminations and strikes at the heart of the quality code.