EWS Reservation Case: Constitutional Validity of 103rd Constitutional Amendment

 FACTS 

This case is famous for the Name EWS Reservation Case. The case relates to the Constitutional validity of the 103rd Amendment Act. The 103rd Amendment Act provides a 10% reservation to the Economic Weaker Section of the General Category.

 BASIS OF CHALLENGE 

The amendment was challenged on the grounds that-

• Reservations cannot be based solely on economic criteria, given the Supreme Court’s judgment in Indra Sawhney v. Union of India (1992).

• SCs/STs and OBCs cannot be excluded from economic reservations, as this would violate the fundamental right to equality.

• The Amendment introduces reservations that exceed the 50% ceiling limit on reservations, established by Indra Sawhney.

• Imposing reservations on educational institutions that do not receive State aid violates the fundamental right to equality.

 WHAT DID THE COURT SAY? 

In this case, the court delivered the judgment in a 3:2 ratio declaring that the 103rd Amendment and EWS Reservations were constitutionally valid. Justices Maheshwari, Trivedi and Pardiwala wrote separate concurring opinions for the majority and Justice Bhat wrote a dissent on behalf of himself and Chief Justice U.U. Lalit.