New Delhi: A five-judge Constitution bench of the Supreme Court, headed by Chief Justice of India U.U. Lalit, has upheld the validity of the 103rd Constitutional Amendment to give 10 per cent reservation in admissions and government jobs to economically weaker sections (EWS).
The bench, in a 3-2 verdict, said the EWS reservation law does not violate the basic structure of the Constitution. Chief Justice Lalit said there are four different judgements on the petitions challenging the EWS reservation.
Justice Dinesh Maheshwari, who read out his own judgment, said the 103rd Constitutional Amendment cannot be said to be violative of the basic structure of the Constitution.
Justice Bela M Trivedi said the 103rd Constitutional Amendment cannot be struck down on the ground that it is merely discriminatory. Justice JB Pardiwala also upheld the validity of the amendment while agreeing with his opinion.
Justice S Ravindra Bhat dissented and struck down the constitutional amendment on EWS quota from a minority point of view. CJI Lalit concurred with Justice Bhatt’s view. The hearing conducted by a five-judge bench was live-streamed. Justice S Ravindra Bhat dissented and struck down the constitutional amendment on EWS quota from a minority point of view. CJI Lalit concurred with Justice Bhatt’s view. The hearing conducted by a five-judge bench was live streamed.