New Delhi : The Supreme Court on Monday decided for the Economically Weaker Section (EWS) of India. has given its stamp on the th amendment, but made a big comment on the reservation of Scheduled Castes (SC), Scheduled Tribes (ST) and Backward Castes (OBC). The Supreme Court, in its remarks, said on Monday that in its minority judgment on reservation for EWS, EWS quota is permissible in educational institutions and government jobs, but the Scheduled Castes (SCs), Scheduled Castes (SCs) who are already enjoying the benefits of reservation. Keeping tribes (STs) and other backward classes (OBCs) out of it will add new injustice.
Supreme Court for EWS enrollment in educational institutions and Provision of percentage reservation in government jobs upheld the validity of the th Constitutional Amendment by a 3:2 majority decision on Monday. Justice Dinesh Maheshwari, Justice Bela M Trivedi and Justice JB Pardiwala upheld the constitutional amendment, while Justice S Ravindra Bhat, Chief Justice Uday Umesh Lalit disagreed with it in his minority decision.
Justice S Ravindra Bhat for himself and CJI Lalit 40 Wrote the verdict in the pages. Justice Bhat said that socially disadvantaged classes and castes have been kept completely out of its purview by keeping them within the quota allotted to them. This provision operates in an entirely arbitrary manner. He said that the complete exclusion of constitutionally recognized backward classes from its purview and exclusion of SC-ST communities is nothing but discrimination which weakens and destroys the principle of equality.
Justice S Ravindra Bhat said that introducing economic basis for reservation as a new criterion, is permissible. Nevertheless, exclusion of socially and educationally disadvantaged sections including SCs, STs and OBCs on the basis of benefits already received from its purview will add to new injustices. The CJI also agreed with his views. The court heard the petitions close to 40 and 103 in most of the Constitution (103th ) Amendment Act 2019 was challenged.
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