EWS quota: Economic condition can't be sole basis of reservation, says SC
Sep 14, 2022
New Delhi [India], September 14 : The Supreme Court on Wednesday said that the Economically Weaker Sections (EWS) quota on the sole criteria of the financial position of a family is "unconstitutional" as the grant of such a quota under the Constitution is not part of the poverty alleviation scheme.
A five-judge Constitution bench headed by Chief Justice UU Lalit was told by lawyers that the EWS quota is "wholly unwarranted, arbitrary, illegal and unconstitutional".
The lawyers submitted that the 103rd amendment granted reservation to upper castes and this was a violation of the basic structure of the Indian Constitution.
The Constitution bench was hearing pleas challenging the Centre's decision to grant a 10 per cent quota for the EWS category in admissions and jobs.
The bench also comprised justices Dinesh Maheshwari, S Ravindra Bhat, Bela M Trivedi, and JB Pardiwala.
Advocate Ravi Verma Kumar, appearing for one of the petitioners, said that the quota on the economic ground alone is impermissible.
"Instead of granting jobs, the poor in the forward class be granted financial support, free hostel, and education as such a constitutional benefit is meant for those class of citizens who are oppressed and suppressed socially, educationally and financially for centuries", said the lawyer.
It was further contended by the petitioners that only five per cent of the forward castes have been given a 10 per cent quota in jobs and admissions. OBCs, SCs, and STs constitute 85 per cent of the population and they are being granted around 50 per cent of the quota and five per cent of EWS will get a 10 percent quota, Verma told the bench.
The hearing on pleas would continue on Thursday as well.
The petitions were filed in the top court in 2019, challenging the validity of the Constitution's 103rd Amendment Act 2019, which provides for the EWS reservation amongst the general category.
