EWS reservation does not affect SC, ST and OBC reservation- Central Government

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EWS reservation does not affect SC, ST and OBC reservation- Central Government


Image Source : PTI
EWS reservation (file photo)

Highlights

  • EWS reservation does not affect SC, ST and OBC reservations
  • Tamil Nadu opposes EWS reservation
  • The court asked this question to the Center

The Central Government on Tuesday told the Supreme Court that the Economically Weaker Sections (EWS) without abolishing the “completely independent” reservation for Scheduled Castes (SC), Scheduled Tribes (ST) and Other Backward Classes (OBC). For the first time, out of 50 percent seats in the general category, 10 percent reservation has been given in admission and jobs. Strongly defending the 103rd Constitutional Amendment giving 10 percent reservation to EWS, Attorney General K. Of. Venugopal, Chief Justice U. You. Lalit, that it does not violate the basic structure of the Constitution, as it has been given without interfering with the 50 per cent quota earmarked for the Socially and Economically Backward Classes (SEBCs).

Tamil Nadu opposed the EWS reservation and said-

However, Tamil Nadu opposed the EWS reservation saying that the basis of classification cannot be economic criteria and if the Supreme Court decides to uphold the EWS reservation then it should reconsider the Indira Sawhney (Mandal) judgment. Highlighting the affirmative action taken by the government in addition to reservation, Venugopal referred to the constitutional provisions and said that SC and ST community have been given reservation in promotion in government jobs. Judge Dinesh Maheshwari, Judge S. Ravindra Bhat, Judge Bela M. Trivedi and Judge J.B. Pardiwala is also included.

‘This reservation has been given to EWS for the first time’

The Attorney General told the bench, “This (reservation) has been given to EWS for the first time. On the other hand, as far as the SC and ST communities are concerned, they have been benefitted through the affirmative actions of the government. (if the reservation for them is abolished)” He said that EWS reservation is different.

The court asked this question

The bench asked, “Do you have any data which shows EWS in the open category, what would be their percentage?” 18.2 percent of the total population of the general category belongs to EWS. “As far as the figures are concerned, it will be around 35 million of the total population,” he said.

Venugopal will also present arguments in the case on Wednesday. At the beginning of the hearing, senior advocate Gopal Sankaranarayanan, appearing for NGO Youth for Equality, supported the EWS reservation scheme, saying it was “long pending” and “right in the right direction”. step”. At the same time, senior advocate Shekhar Naphade, appearing for Tamil Nadu, said that the principle of impartiality and non-arbitrariness is part of Article 14 (right to equality) of the Constitution. He said that the right to equality is part of the infrastructure and setting economic criteria only for giving reservation, would be violative of it.

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