Supreme Court ruling on Poor ‘Upper Caste’ (EWS) quota today: 10 points

Supreme Court ruling on Poor ‘Upper Caste’ (EWS) quota today: 10 points

Supreme Court ruling on Poor ‘Upper Caste’ (EWS) quota today: 10 points

Supreme Court ruling on Poor ‘Upper Caste’ (EWS) quota today: 10 points

The petitioners had questioned several aspects of the EWS quota

New Delhi.
The 10 percent reservation in all colleges and government jobs for the poorer sections of India’s so-called “upper castes,” introduced just before the 2019 general elections, will be in jeopardy as the Supreme Court today decides on its validity.

Here’s your 10-point guide to the EWS quota case in the Supreme Court today.

  1. The reservation targeted the Economically Weaker Sections (EWS), the ruling BJP’s core vote base, and bypasses existing affirmative action that benefits communities that have traditionally been marginalized in Indian society.

  2. The 103rd Constitutional Amendment was cleared in January 2019 after the BJP lost elections in Madhya Pradesh, Rajasthan and Chhattisgarh and was immediately challenged in the Supreme Court.

  3. While most opposition parties, including the Congress, did not oppose the law, the Supreme Court heard 40 petitions against it, including from Tamil Nadu, a state with one of the highest reservations in a delicately balanced country. .

  4. The petitioners had questioned several aspects of the EWS quota, including how it could cross the 50 percent national threshold for reservations set by the Supreme Court in 1992 and whether it changed the “basic structure” of the constitution.

  5. The basic structure of the constitution, which includes provisions such as the rule of law and separation of powers, was ruled by the Supreme Court in 1973 to be a bar to Parliament.

  6. Hearing the EWS case, the court said its decision rested on answers to three fundamental questions, including whether the amendment changed the basic structure of the constitution by allowing economic status as a factor in reservation.

  7. The other two questions were whether private institutions could be forced to comply and whether the quota could exclude historically biased communities based on caste, religion and tribe.

  8. The government argued that the amendment would help lift people out of poverty and did not violate the provisions of the constitution or previous Supreme Court rulings.

  9. The case was first brought before three judges, who transferred it to a larger five-judge bench in 2019. This September, the court held a marathon six-and-a-half-day hearing in the case and reserved its verdict.

  10. The five judges, headed by Chief Justice Uday Umesh Lalit, who will retire tomorrow, are expected to deliver their verdict in the case today.

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