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A five-judge Constitution bench of the Supreme Court upheld the validity of the Constitution’s 103rd Amendment Act 2019, which provides for the 10 percent EWS reservation to members of economically weaker sections (EWS) in academic admissions and government jobs. Three judges upheld the Act, while one judge passed a dissenting judgment.
Justices Dinesh Maheshwari, M. Trivedi, and J.B. Pardiwala, upheld the validity of the Constitution’s 103rd Amendment, while Justice Ravindra Bhat and Chief Justice UU Lalit were the dissenting judges.
Observations by Justice Dinesh Maheshwari
- While reading out the judgment J Dinesh Maheshwari said, “After delving with these aspects, conclusions are Reservation is an instrument of affirmative action by State so as to ensure all inclusive approach. It is an instrument not only for inclusion of socially and educationally backward classes.” he further said,”Reservation structured singularly on economic criteria does not violate the basic structure of the Constitution.”
-Reservations for EWS does not violate basic structure on account of 50% ceiling limit because ceiling limit is not inflexible as per Justice Maheshwari.
-103rd Constitution Amendment cannot be said to breaching basic structure by providing reservation on economic criteria. 103rd Constitution Amendment cannot be said to breaching basic structure for exceeding 50% ceiling limit.
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