Thursday, October 22, 2026
10.4 C
Srinagar

SC upholds reservation on economic ground

New Delhi, Nov 7 : The Supreme Court, in a majority 3:2, on Monday upheld the reservation on economic basis and said it does not violate the essential features of the Constitution.The three judges who ruled in favour are Justices Dinesh Maheshwari, Bela M Trivedi and J B Pardiwala. Chief Justice Uday Umesh Lalit and Justice S Ravindra Bhat gave the dissenting judgement.

“EWS amendment does not violate the basic structure as it is based in economic criteria. The state forming special provision for EWS quota does not violate the basic structure. Reservation is an instrument of affirmative action so as to ensure all-inclusive march towards goals of egalitarian society,” Justice Maheshwari said.

“It is a means of inclusion of any class or section so disadvantaged. Reservation on economic basis does not violate basic structure of the Constitution,” he said.

Justice Trivedi concurred with Justice Maheshwari and said that EWS quota was an essential feature of the Constitution.

“The amendment as a separate class is a reasonable classification. Legislature understands the needs of people and it is aware of the economic exclusion of people from reservation.

“It cannot be said that the age old caste system in India led to introduction of reservations and so that SC.ST get level playing field. At end of 75 years we need to take a re-look at reservations in general in spirit of transformative constitutionalism,” Justice Trivedi ruled.

Justice J B Pardiwala said that reservation was not an end but a means to secure social and economic justice.

“It must not be allowed to become vested interest. Reservation should not continue for indefinite period of time so as to become vested interested,” he said.

Dissenting, Justice Bhat said: “The amendment practices constitutionally prohibited discrimination. Strikes at the heart of the equality code. Allowing breach of the 50 per cent cap set on reservation can lead to further infractions which can result in compartmentalisation.”

Hot this week

Your days are numbered, DGP Nalin Prabhat warns terror supporters

Vows to uproot terrorism and its support network; calls...

J&K Handicapped Association protests in Srinagar, seeks fulfilment of demands

Demands Disability Commissioner, hike in monthly pension, reservation for...

Aspirants Urge CM to Defer Kashmir Marathon, Cite Clash With JKSET Examination

Srinagar, Oct 21: Aspirants appearing in the Jammu and...

30 Sheep Killed After Vehicle Runs Over Flock in North Kashmir’s Pattan

Pattan, Oct 19: At least 30 sheep were reportedly...

Topics

Your days are numbered, DGP Nalin Prabhat warns terror supporters

Vows to uproot terrorism and its support network; calls...

J&K Handicapped Association protests in Srinagar, seeks fulfilment of demands

Demands Disability Commissioner, hike in monthly pension, reservation for...

Aspirants Urge CM to Defer Kashmir Marathon, Cite Clash With JKSET Examination

Srinagar, Oct 21: Aspirants appearing in the Jammu and...

30 Sheep Killed After Vehicle Runs Over Flock in North Kashmir’s Pattan

Pattan, Oct 19: At least 30 sheep were reportedly...

Festive Online Sales Become Hunting Ground for Cybercriminals as Fake Offers Target Shoppers

Srinagar, Oct 19: With festive-season sales bringing attractive discounts...

Pedestrian struck to death in Kupwara

Kupwara, Oct 19: A 55-year-old pedestrian died after being...
spot_img

Related Articles

Popular Categories

spot_imgspot_img