While strongly defending the 103rd constitutional amendment which provides for 10 per cent quota to the EWS, Attorney General K K Venugopal told a five-judge constitution bench headed by Chief Justice U U Lalit that "it does not violate the basic structure of the Constitution as it has been given without disturbing the 50 per cent quota meant for the socially and economically backward classes (SEBC)."
EWS quota from 50% general category, doesn't remove SCs, STs, OBCs Reservation: Centre to SC
The Central government has informed the Supreme Court that Economically Weaker Sections (EWS) have been given 10 per cent quota in admissions and jobs out of 50 per cent General category seats for the first time without eroding the “totally independent” reservation for SCs, STs and OBCs.
While strongly defending the 103rd constitutional amendment which provides for 10 per cent quota to the EWS, Attorney General K K Venugopal told a five-judge constitution bench headed by Chief Justice U U Lalit that "it does not violate the basic structure of the Constitution as it has been given without disturbing the 50 per cent quota meant for the socially and economically backward classes (SEBC)."
However, Tamil Nadu has opposed the EWS quota, saying the economic criteria cannot be the basis for classification and the top court will have to revisit the Indira Sawhney (Mandal) judgment if it decides to uphold the EWS reservation.
While presenting the existing state’s affirmative action besides the quota, the top law officer referred to constitutional provisions and said S"cheduled Castes and Scheduled Tribes have been given reservation in promotion in government jobs, legislature, panchayat and municipalities."
“EWS have been given this for the first time. On the other hand, so far as the SCs and STs are concerned, they have been loaded with the benefits by way of State affirmative actions. They are highly unequals...,” he told the bench which also comprised Justices Dinesh Maheshwari, S Ravindra Bhat, Bela M Trivedi and J B Pardiwala.
“A large population of this general category, which is perhaps more meritorious, will be deprived of the opportunities in educational institutions and jobs (if quota for them is scrapped),” Venugopal said and sought to distinguish between the SEBC and the EWS of general category, insisting both are unequal and not a homogenous group.
He said "the quotas for SCs, STs and OBCs are “self-contained sections of backwardness and the EWS reservation is separate."
“Do you have any data that shows that EWS in open category, how much will be their percentage?” the bench asked. "Altogether 18.2 percent of the total population in the general category belonged to EWS," the law officer said and referred to the Multi-dimensional Poverty Index used by the Niti Ayog. ”So far as numbers are concerned, it would be about 350 million (3.5 crore) of the population,” he said.
"The reservation for OBCs, SCs and STs fall under different silos other than the EWS quota and it does not violate the basic structure of the Constitution," Venugopal asserted.
“I would now conclude that there existed two compartments so far as reservations are concerned. One is backward classes, which is limited to 50 per cent. The other is a class which is also 50 per cent which is for general category,” he said. Venugopal would resume his argument on Wednesday.
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