The Supreme Court today upheld the 10 per cent reservation in all colleges and government jobs for the poorer sections of India’s so-called “upper castes”. Two judges — CJI UU Lalit and Justice S Ravindra Bhat – of the 5 in the bench, dissented.
Reservation structured singularly on economic criteria does not violate the basic structure of the Constitution. Exclusion of classes covered by 15(4), 16(4) does not violate equality code and does not damage basic structure: majority view.
Reservations for Economically Backward Class (EWS) do not violate basic structure on account of 50% ceiling limit because ceiling limit is not inflexible: majority view
Treating EWS as a separate class would be a reasonable classification. Just as equals as unequals, unequals cannot be treated equally. Treating unequals equally violates equality under the Constitution. EWS cannot be treated at par with the general category: majority view
Our Constitution does not permit exclusion and this amendment undermines the fabric of social justice and thereby the basic structure: Justice S Ravindra Bhat’s dissent
The amendment creates a separate class of EWS. The exclusion of Socially and Educationally Backward Classes (SEBC) cannot be said as discriminatory or violative of Constitution: majority view
With inputs from NDTV
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