Strongly defending the 103rd Constitutional Amendment providing 10 per cent quota to EWS, Attorney General KK Venugopal told a five-judge Constitution Bench headed by Chief Justice U U Lalit that it does not violate the basic structure of the Constitution. Because it is given. Without disturbing the 50 per cent quota earmarked for Socially and Economically Backward Classes (SEBCs).
The Center told the Supreme Court that for the first time, the Economically Weaker Sections (EWS) would get 50 per cent admission in general category seats and 10 per cent in jobs without eliminating “totally free” reservations for SCs, STs and OBCs. Quota has been given. on Tuesday.
Tamil Nadu, however, opposed the EWS quota, saying economic criteria cannot be the basis for classification and the apex court will have to reconsider the decision of Indira Sawhney (Mandal) if it decides to uphold the EWS quota.
Highlighting the affirmative action taken by the existing state apart from quota, the top law officer referred to constitutional provisions and said that SCs and STs have been given reservation in government jobs, promotions in legislatures, panchayats, and municipalities.
A large population of this general category, which is probably more meritorious, will be deprived of opportunities in educational institutions and jobs (if the quota for them is abolished), – said Venugopal and the difference between SEBCs and EWSs from the general category sought to. , insisting that both are unequal and not homologous groups.
This has been given to EWS for the first time. On the other hand, as far as SCs and STs are concerned, they have been filled with benefits through affirmative actions of the state.
He said the quota for SCs, STs and OBCs are “self-contained classes of backwardness” and the EWS reservation is different.
Do you have any data that shows the percentage of EWS in the open category? The bench asked. Venugopal said the reservation for OBCs, SCs and STs comes under separate silos apart from the EWS quota and does not violate the basic structure of the Constitution. There is a backward class, which is limited to 50 percent. Now I will conclude that as far as reservation is concerned, there were two compartments. There is another category which is 50 percent which is for general category. Venugopal will resume his arguments on Wednesday.
On the other hand, EWS reservation has been capped at 10 per cent and has not been extended to political reservation, thereby providing a balance,” he said.
He said that the entry of Economically Weaker Sections as a class is fully valid for their advancement, extension of special provisions for admission and reservation in posts.
Senior advocate, appearing for Tamil Nadu, submitted that the principle of rationality and absence of arbitrariness is part of Article 14 (right to equality) of the Constitution. He said the right to equality is part of the infrastructure and setting economic criteria only for giving quota would be a violation of it.
