Modi government's big victory on EWS reservation, 3 out of 5 judges got consent

The Central Government, while amending the Constitution, had kept 10 percent reserve for the economically weaker section of the general category. The 103rd Constitutional Amendment providing for the reserve was challenged in the Supreme Court. A bench of 5 judges was sitting out of which 3 judges have given their consent....

Modi government's big victory on EWS reservation, 3 out of 5 judges got consent

The Supreme Court has upheld the provision of 10% reserve for the economically weaker section of the general category. From the bench of 5 judges, 3 judges have ratified the Constitution Amendment Act 103 of 2019. This is being seen as a big victory for the Modi government in the Supreme Court.

In fact, while amending the Constitution, the Central Government had kept 10 percent reserve for the economically weaker section of the general category. The 103rd Constitutional Amendment providing for the reserve was challenged in the Supreme Court. A bench of 5 judges was sitting, 3 judges Justice Dinesh Maheshwari, Justice Bela Trivedi and Justice JB Pardiwala ruled in favor of EWS reservation. While Chief Justice Ravindra Bhatt disagreed with the EWS reservation. Chief Justice UU Lalit was also against the government's 10% reservation.

Three judges gave verdict in favor

Justice Dinesh Maheshwari, Justice Bela Trivedi and Justice JB Pardiwala upheld the decision of EWS reservation. Justice Dinesh Maheshwari while giving his opinion said that the big question was whether EWS reservation is against the basic spirit of the Constitution. Is it against the basic spirit to keep SC/ST/OBC out of it? He said that the EWS fee is not a violation of the Constitution. EWS reservation is successful.

It does not violate any provision of the constitution. It does not violate the basic structure of the Indian Constitution. Justice Bela Trivedi said: "I agree with the opinion of Justice Dinesh Maheshwari. Justice Pardiwala said that reservation is not the last line. It is the beginning of making everyone equal.

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