Economic Weaker Section: Supreme Court Amending Article 103 Ruling It Does Not Harm Basic Structure of Constitution

Economic Weaker Section (EWS): The Supreme Court on Monday while hearing a clutch of petitions challenging the validity of the Article 103 amendment said that economic-based reservation does not violate the essential features of the Constitution of India.

The amendment reserved 10 percent for Economically Weaker Sections (EWS) for admission to educational institutions and government jobs.

The five-judge Supreme Court headed by Chief Justice U U Lalit announced the amendment verdict. Justice Dinesh Maheshwari, reading the order, said: ‘The EWS reservation does not violate the Equality Code nor does it violate the essential features of the Constitution and does not violate the 50 per cent rule or fundamental structure. The maximum limit here is for 16(4) and (5). ‘

The Supreme Court has stated that the reservation element of affirmative action by states is to ensure all progress toward the goal of an egalitarian society. ‘It is used to include a disadvantaged class or section. Therefore, EWS quotas do not violate the essential features of the Constitution or undermine the basic structure.’