EWS quota to stay as SC rejects review petitions challenging its verdict
May 16, 2023
New Delhi [India], May 16 : The Supreme Court rejected the review petitions challenging its verdict upholding the Centre's decision and validity of the 103rd Constitutional Amendment which provides 10 per cent reservation in government jobs and educational institutions to Economically Weaker Sections (EWS).
"Having perused the review petitions, there is no error apparent on the face of the
record. No case for review under Order XLVII Rule 1 of the Supreme Court Rules
2013. The review petitions are, therefore, dismissed," the top court said.
Five-judge Constitution Bench headed by Chief Justice of India DY Chandrachud delivered the order on May 9.
Other judges on the bench were Justices Dinesh Maheshwari, S Ravindra Bhat, Bela M Trivedi and J B Pardiwala.
Last Year in November, the Five-judge Constitution bench by a majority of 3:2 upheld the validity of the Constitution's 103rd Amendment Act which provides 10 per cent EWS reservation in educational institutions and government jobs.
An amendment granting 10 per cent reservations to EWS was upheld on November 7.
In this regard, DMK among others had filed an appeal seeking review of the Supreme Court's order dated November 7. DMK stated that since the impugned judgement affects the 133 crore population has sought for "open court hearing."
Another review petition was filed in the Supreme Court against the judgement upholding the Centre's decision on EWS issues by Madhya Pradesh Congress leader Jaya Thakur who is the General Secretary of MP Mahila Congress.
The constitutional validity of the 103rd Amendment of the Constitution Act, 2019 was challenged before the top court and five judges bench decided on this issue through four separate judgments with different reasoning.
Three judgments upheld the 103rd Amendment of the Constitution Act, 2019 by passing three different judgments with different reasoning but one Judgement passed by Justice Ravindra Bhat alongwith Chief Justice of India that 103rd Amendment of the Constitution (One Hundred and Third Amendment) Act, 2019 is violating the basic structure of the Constitution on the ground of equality, especially exclusion of the OBC/SC/ST.
Justice Ravindra Bhat's view regarding the limitation of 50 per cent is open because one of the constitutional amendments is still pending consideration and is still open.
The petitioner said that the impugned constitutional amendments are ultra vires as they alter the basic structure of the Constitution of India.
The petitioner prayed to review the order dated November 7 2022 passed by Justice Dinesh Maheshwari, Justice Bela M Trivedi and Justice J.B. Pardiwala.
