Bangalore: Congress President Mallikarjun Kharge on Monday welcomed the Supreme Court’s decision to uphold 10 per cent reservation for the Economically Weaker Section (EWS). In response to a question, Kharge said, “It was an amendment which was unanimously passed by the Parliament. The Supreme Court has upheld this. I welcome it.’ Let us tell you that the Supreme Court, while delivering a historic verdict on Monday, upheld the 10 percent reservation introduced in 2019 for EWS in admissions and government jobs. The poor belonging to SC/ST/OBC categories were kept out of the purview of this reservation.
‘EWS quota is fine, but…’
The court said in its decision on Monday that EWS quota in educational institutions and government jobs is fine, but keeping SC / ST / OBC out of it, who are already enjoying the benefits of reservation, will add new injustice. The court on Monday upheld the validity of the 103rd Constitutional Amendment providing for 10 per cent reservation in educational institutions and government jobs for EWS, by a 3:2 majority verdict. Justice Dinesh Maheshwari, Justice Bela M. Trivedi and Justice J. B. Pardiwala upheld this constitutional amendment, while Justice S. Ravindra Bhat and Chief Justice Uday Umesh Lalit disagreed with this in their minority decision.
‘Provisions operated arbitrarily’
Justice Bhat wrote his own and Chief Justice Lalit’s decision of about 100 pages. Justice Bhat observed that socially disadvantaged classes and castes have been kept completely out of its purview by keeping them within their allotted reservation quota. This provision operates in an entirely arbitrary manner. He said that the complete exclusion of constitutionally recognized backward classes from its purview and exclusion of SC-ST communities is nothing but discrimination which weakens and destroys the principle of equality.
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