Supreme Court: Economic criterion for EWS quota not proscribed

Tribune News Service

New Delhi, September 14

As petitioners against EWS quota law questioned the economic criterion as a basis for reservation in government jobs and education, the Supreme Court on Wednesday said such a constitutional course was "not proscribed".

"The government frames policies on the ground of economic criterion to ensure benefits of such policies reach the target groups… and the economic criterion is a permissible ground and forms part of a reasonable basis for classification. It is not proscribed," said a five-judge Constitution Bench, led by CJI UU Lalit, which will resume the hearing on Thursday.

On the second day of hearing on petitions challenging the 103rd Constitutional Amendment that introduced 10 per cent reservation for economically weaker sections in public employment and educational institutions, petitioners' counsel told the Bench that quota on the sole criterion of the financial position of a family was unconstitutional as reservation was meant for poverty alleviation.

Advocate Ravi Verma Kumar attacked the EWS quota law on the ground that it discriminated on the ground of caste and religion and went against the right to avail of equal opportunities to public employment — a part of the basic structure of the Constitution. Instead of jobs, the poor in the forward class should be granted financial support, free hostel, and education, he told the Bench.

Benefits for poor

The government frames policies on the ground of economic criterion to ensure benefits of such policies reach the target groups. — SC Bench

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