The Supreme Court has yet to reach a verdict on the legal question of whether the EWS quota violates the basic structure of the Constitution.
The Supreme Court is set to announce its judgment today on a series of petitions challenging the 103rd Constitution amendment, which provides 10 percent reservation for economically weaker sections (EWS) in admissions and government jobs.
The five-judge Constitution bench headed by Chief Justice Uday Umesh Lalit is expected to deliver the verdict on whether the Economically Weaker Sections (EWS) quota violates the basic structure of the Constitution.
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The apex court had reserved its judgment on the matter after hearing from senior lawyers on September 27th. The six-and-a-half day hearing included then-Attorney General K K Venugopal and Solicitor General Tushar Mehta.
Mohan Gopal and Tamil Nadu, represented by senior advocate Shekhar Naphade, have opposed the EWS quota because economic criteria cannot be the basis for classification. If the top court upholds this reservation, it must revisit the Indira Sawhney (Mandal) judgment.
On the other hand, the then attorney general and the solicitor general had defended the amendment, arguing that the reservation provided under it was different and had been given without disturbing the 50% quota meant for the socially and economically backward classes (SEBC). They claimed that, as such, the amended provision does not violate the basic structure of the Constitution.