Published: 27th September 2022
Breaking: EWS Reservation: Supreme Court reserves order in petitions challenging EWS reservation
The five-judge constitutional bench of the apex court, led by Chief Justice of India UU Lalit, heard the petitions over seven days
The Supreme Court has reserved its judgement in the petitions challenging the reservation for the Economically Weaker Sections (EWS) category. The decision was taken by a Constitutional Bench of the SC, headed by Chief Justice of India, UU Lalit. The CJI also ordered the advocates to present a summary of their arguments within two to three days.
The petitions challenge the 10% reservation awarded to the EWS category in government jobs and education. The petitioners claim that the EWS quota violates the basic structure of the constitution. The petitions include the challenge to the 10% EWS reservation in the All India Quota seats of the NEET PG counselling for admission into government PG medical and dental colleges in India. Last year, the counselling had been delayed as the case was being heard in the Supreme Court. With no decision in sight, the SC had, at the time, given the go-ahead for the counselling based on the existing criteria, which included the 10% reservation for the EWS category.
The case was transferred last month to the Five-judge Constitutional Bench of the Supreme Court. On day seven of the hearing today, the court reserved its order in the case. Today, a counsel for the petitioners said that historically, reservations are not awarded in proportion to the population and, therefore, there shouldn't be any 'discrimination' based on economic criteria.
It was through the 103rd Amendment to the Constitution on January 7, 2019, that the government of India awarded 10% reservation to the EWS category in government jobs and educational seats. Candidates whose entire family income does not exceed Rs 8 lakh per annum are classified under the EWS category.