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Supreme Court Hears Plea On EWS Reservation Ann

Plea In SC On EWS Reservation: The Supreme Court has...

Plea In SC On EWS Reservation: The Supreme Court has completed the hearing on the petitions filed against the reservation to the poor of the general category. A 5-judge constitution bench headed by Chief Justice Uday Umesh Lalit heard all the parties in detail for 7 days.

In January 2019, the Central Government had made a system of 10 percent reservation in jobs and education for the economically weaker general category people by passing the 103rd Constitutional Amendment resolution in the Parliament. On the petitions challenging this, the Constitution Bench started detailed hearing on the matter from September 13. Apart from Chief Justice Lalit, there are four other members of this Constitution Bench – Justices Dinesh Maheshwari, S Ravindra Bhat, Bela M Trivedi and Jamshed B. Pardiwala.

Petitioner’s argument
On 5 August 2019, the Supreme Court handed over the petitions filed against the 10 percent reservation to the poor of the general category to the Constitution Bench. In this case, more than 30 petitioners, including NGO Janhit Abhiyan, moved the court.

In these petitions, amendments to Articles 15 and 16 of the Constitution were challenged. The petitioner side argued that the purpose of reservation was for the upliftment of the class which had suffered social discrimination for centuries. Therefore, reservation on economic grounds is against the basic spirit of the Constitution. If any section is financially weak then it should be helped in other ways.

When was the government going to give reservation?
The lawyers appearing for the petitioner side also said that if the government had to give reservation on the basis of poverty, then in this 10 percent reservation also, a system should have been made for SC, ST and OBC. The lawyers also argued that the government made a law for reservation without collecting the necessary data. The Supreme Court had given the decision to limit the reservation to 50 percent, through this provision it was also violated.

What is the government’s argument?

During the hearing, Attorney General KK Venugopal on behalf of the Central Government defended this reservation by saying:-

  • Keeping the limit of 50 percent of the total reservation is not a constitutional provision. Only the Supreme Court’s decision is there.
  • There is 68 percent reservation in Tamil Nadu. This was approved by the High Court. Even the Supreme Court did not stay.
  • Necessary amendments were made in Articles 15 and 16 of the Constitution before making the law of reservation.
  • This system is necessary to provide equality status to the economically weaker sections.

decision may come soon
The tenure of Chief Justice Lalit (Uday Umesh Lalit) is only till November 8. According to the rules, the judge who completes the hearing of a case, gives its verdict before retiring. In such a situation, it is certain that by November 8, the decision of the Supreme Court will come on the validity of EWS reservation.

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