Supreme Court Upholds 10% Quota for the Poor (EWS), A Major Victory for the Government

Supreme Court: The Supreme Court today supported the government’s 10-percent EWS (Economically Weaker Sections) quota, introduced in 2019, in government positions and colleges, giving the Centre a significant victory.

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EWS quota is neither discriminatory nor change the fundamental structure of the constitution

The majority ruling of the Supreme Court stated that the EWS quota is neither discriminatory and does not change the fundamental framework of the constitution.

Affirmative action, which aids historically underrepresented groups in Indian society including the Scheduled Caste and Scheduled Tribes (SC/STs) and Other Backward Classes, was bypassed by the quota.
The 103rd constitutional amendment, which the Center approved in January 2019 shortly after the ruling BJP lost the elections in Madhya Pradesh, Rajasthan, and Chhattisgarh, included the quota. It was immediately contested in front of the Supreme Court.

In petitions, it was questioned if the quota altered the “fundamental structure” of the constitution and how it could exceed the national ceiling on reserve of 50% imposed by the Supreme Court in 1992.
Only Justice Ravindra Bhat, one of the five judges, dissented, arguing that exclusion is prohibited by the constitution of India.

“Economic destitution, economic backwardness is backbone of this amendment and on this account amendment is constitutionally indefeasible. However, excluding the classes such as Scheduled Caste/Scheduled Tribes, Other Backward Classes (OBC) is not constitutionally permissible,” explained Justice Bhat.

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Measure was not opposed by the majority of opposition parties, including the Congress

The measure was not opposed by the majority of opposition parties, including the Congress. However, the Supreme Court heard up to 40 petitions challenging it, including one from the state of Tamil Nadu, which has some of the highest levels of racial discrimination in the nation.

The case was initially heard by three judges, who in 2019 forwarded it to a larger five-judge panel. The court reserved its judgement after a protracted six-and-a-half day hearing in September.

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