In Case Titled Janhit Abhiyan v. Union Of India with 32 connected matters | W.P.(C)NO.55/2019 and connected issues, the Supreme Court of India pronounced its verdict today on the validity of the 103rd Constitutional Amendment which introduced the provision for 10% reservation for Economically weaker section (EWS) in Public Employment and Education.
The case was heard by a 5 judge-bench constituted by Chief Justice UU Lalit and Justices Dinesh Maheshwari, S Ravindra Bhat, Bela M Trivedi and JB Pardiwala.
The bench in a 3-2 verdict held that the provisions of the ammendment in concern is not in violation of the Constitution.
Chief Justice U U Lalit, at the outset, said there are four different judgements on pleas challenging the EWS quota.
As per Justice Dinesh Maheshwari , Reservation structured singularly on economic criteria does not violate the basic structure of the Constitution and Exclusion of classes covered by 15(4), 16(4) does not violate equality code and does not damage basic structure. Justice Trivedi and Justice Pardiwala concurred with Justice Maheshwari
While Justice Bhatt stated : It is declared that Sec 2 and 3 of the Constitution 103rd Amendment Act are unconstitutional and void on the ground that they’re violative of basic structure, with CJI concurring.