SC may soon decide on 10 percent reservation for poor upper castes, CJI UU Lalit is retiring on November 8
The Supreme Court is likely to give a decision soon on the legality of giving 10 percent reservation to the Economically Weaker Section (EWS) in government jobs and admission in higher educational institutions. Chief Justice UU Lalit, the chairman of the bench hearing the matter, is retiring on November 8, and his decision is expected before his retirement. The five-judge constitution bench had reserved the verdict on September 27 after a long hearing that lasted six and a half days. In the petitions, there is a demand to quash reservation on economic grounds, saying that it is against the basic structure of the Constitution.
Constitutional questions were fixed for consideration by the Supreme Court at the very beginning
However, in favor of the law, the government had said in the court that the law providing for reservation to the very poor strengthens the basic structure of the constitution. The concept of economic justice makes sense, so it cannot be said to be violative of the basic structure. The Supreme Court had set constitutional questions for consideration from the very beginning. In which it was that EWS reservation does not violate the basic structure of the Constitution and exclusion of SC ST and OBC from this reservation does not violate the basic structure. The Supreme Court is on holiday till October 30. The court will open on October 31 and again on November 8, the holiday of Guru Nanak Jayanti. There is also Saturday and Sunday in between. In such a situation, from 31 October to 7 November, a total of six working days are saved.
These are the rules of the Supreme Court
However, if the judgment is pronounced by holding a special court on a holiday, then it is not forbidden, but it does not normally happen. It is believed that the decision will come before the retirement of Justice Lalit, because if for some reason the decision is not made till his retirement, then according to the rules, a new Constitution Bench will be formed again and the matter will have to be heard afresh. So it is believed that the decision can come soon.
Many states supported EWS reservation
About 20 lawyers argued on behalf of both the sides in this matter. The Attorney General and the Solicitor General argued on behalf of the Central Government in favor of the law. Apart from this, some states like Madhya Pradesh, Gujarat etc. also supported EWS reservation in the court. The Center had defended the law, arguing that EWS reservation is a new type of reservation of a separate category. This does not affect the reservation of SC ST and OBC as all central educational institutions have been asked to increase the seats by 25 percent for this. It was also argued that SC ST are already getting full benefits of reservation.
The government had said that the EWS reservation does not violate the maximum limit of 50 percent fixed for reservation because this reservation has been given from the category of remaining fifty percent fixed for general category, apart from the 50 percent reservation fixed for SC, ST and OBC. . The government has the right to make provision for giving reservation to the poor on economic basis.
