New Delhi, November 5
The Supreme Court will on Monday pronounce its verdict on petitions challenging 10 per cent quota for Economically Weaker Sections (EWS) in government jobs and educational institutions under the 103rd constitutional amendment.
A five-judge Constitution Bench of CJI UU Lalit, Justice Dinesh Maheshwari, Justice S Ravindra Bhat, Justice Bela M Trivedi and Justice JB Pardiwala — which had reserved its verdict on September 27 after hearing the petitioners, the Centre and others — is expected to pronounce its verdict on November 7 at 10.30 am. CJI Lalit and Justice Bhat will deliver two separate verdicts. However, it’s not clear if these are concurring or split verdicts.
The Centre has defended the EWS quota law, asserting that it did not violate the basic structure of the Constitution and did not disturb the 50 per cent existing quota meant for SCs/STs and OBCs. It has been given for the first time without eroding the “totally independent” reservation for SCs, STs and OBCs, it contended during the hearing.
Noting that a constitutional amendment can only be challenged if it destroyed the basic structure of the Constitution, Solicitor General Tushar Mehta had argued that the ceiling of 50 per cent had not been held inviolable. During the hearing, the Constitution Bench broadly considered three questions, the first being whether the 103rd Constitution Amendment Act could be said to have breached the basic structure of the Constitution by permitting the State to make special provisions, including reservation, based on economic criteria.
The other two issues are — whether the constitutional amendment could be said to breach the basic structure by permitting the state to make special provisions concerning admissions to private unaided institutions and whether it could be said to have breached the basic structure of the Constitution in excluding SEBCs/OBCs, SCs/STs from the scope of EWS quota.
