SC reserves order on plea over EWS reservation

The Supreme Court reserved order on the issue of referring to the Constitution bench a petition on the 103rd Constitutional Amendment Act, 2019 that provides 10% reservation for economically weaker sections (EWS).

A bench headed by Justice SA Bobde reserved the order on whether the matter requires to be referred to the Constitution bench or not after hearing the parties.

Attorney General KK Venugopal said the 10% reservation had not violated the basic structure of the Constitution.

He also justified the government decision and said that reservation to EWS was an attempt to benefit the poor in the general category who have been deprived of the facility so far.

Appearing for one of the petitioners, senior advocate Rajeev Dhawan said the matter should be referred to a larger bench to decide the question of basic structure as the 103rd Amendment alters the definition of equality, a basic feature of the Constitution, in terms of both "width" and "identity".

Dhawan contended that 10 per cent quota for EWS was in breach of the ceiling declared by the top court by its earlier Constitution bench judgments.

On July 1, the apex court refused to stay the Centre's decision to grant 10 per cent quota in jobs and education to economically-weaker sections (EWS) of society, saying the matter required hearing at length.

On April 15, the Union Cabinet had approved provision of reservations in admission for EWS students in central educational institutions.