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Resource centre on India's rural distress
 
 

EWS quota breaches 50 pc ceiling, defeats creamy layer concept, excludes poor SC/ST, OBCs, SC told

-PTI/The Telegraph

Quota is a deceitful and a backdoor attempt to destroy concept of reservation: Expert

The Centre's decision to grant 10 per cent quota for the EWS category in admissions and jobs violates the basic structure of the Constitution on multiple counts including that it breaches the 50 per cent cap on reservation, the Supreme Court was told on Tuesday.

The quota for the Economically Weaker Sections (EWS) is a "deceitful and a backdoor attempt" to destroy the concept of reservation, a lawyer submitted before the court, which was told it also excludes the poor belonging to the SCs, STs, and OBC category and defeats the creamy layer concept. The 10 per cent EWS quota is in addition to the 50 per cent reservation for the SCs, STs, and OBCs.

A five-judge Constitution bench headed by Chief Justice Uday Umesh Lalit, which commenced the hearing on a batch of pleas challenging the validity of the 103rd Constitution amendment that provided for the EWS quota, heard the submissions during a day-long hearing of arguments by three lawyers appearing for the PIL petitioners opposed to the EWS quota.

The EWS quota is a deceitful and a backdoor attempt to destroy the concept of reservation by granting this to the forward class," academician Mohan Gopal, who opened the arguments, told the bench which also comprised justices Dinesh Maheshwari, S Ravindra Bhat, Bela M Trivedi and JB Pardiwala.

The citizens who are educationally and socially backward as well as SCs and STs cannot take the benefit of reservation even if they fall within the economically weaker sections. This is wholly impermissible as it shows that special provisions have been made in favour of the economically weaker upper classes only, the apex court was told.

Senior advocate Meenakshi Arora, appearing for one of the petitioners, referred to the constitutional schemes and said, the reservation is a class-based remedy to correct the historic injustice and wrongs done to a class of people and it cannot be done on the basis of economic criteria alone.

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