The Supreme Court in the case Society for the Rights of Backward Communities vs Janhit Abhiyan and others observed and has dismissed the plea moved against the Constitution Bench judgment wherein the court upheld the validity of the 103rd Constitutional Amendment which introduced the 10% reservation for Economically Weaker Sections, EWS in the education and the public employment.
The 5-judge bench comprising of Chief Justice of India DY Chandrachud, Justice Dinesh Maheshwari, Justice S Ravindra Bhat, Justice Bela M Trivedi and Justice JB Pardiwala in the case observed and has dismissed the review plea.
The bench in its order dated May 9, 2023 recorded that with regards to the perused review petition there being no error apparent on the face of the record. The court further stated that no case for review under Order XLVII Rule 1 of the Supreme Court Rules 2013.
The court in the case noted that 5 judge benches on 07.11.2022 upheld the EWS quota by 3:2 majority, with the then bench of CJI UU Lalit and Justice Ravindra Bhat dissenting. The bench headed by Justice Lalit has retired; thus, the review bench was led by the incumbent CJI Justice Chandrachud.
It has also been held by the majority in the case that the introduction of reservation which being on the basis of economic criteria was not violative of the basic structure of the Constitution of India. Therefore, it has also been found by the majority that there was nothing discriminatory which excluded persons who are being entitled to SC, ST or OBC reservations from the ambit of economic reservations. Further, it has been held by the majority that breach of 50% ceiling limit by EWS reservation does not violate basic structure.
The court observed that the dissenting judgment authored by Justice Ravindra Bhat in the case observed and has held by excluding the poor among SC/ST/OBC from economically backward classes which being on the ground that the benefits are enjoyed by them, thus, the 103rd Amendment practices constitutionally prohibited forms of discrimination. Therefore, the bench of CJI UU Lalit had concurred with Justice Bhat’s view.
The court in the case observed and has stated that various individuals and organizations like Society for the Rights of Backward Communities, All India Backward Classes Forum seek review of the judgment wherein it is contended by the court that the EWS quota in effect works as reservation for the upper castes and that it was grossly unfair and discriminatory to exclude the bulk of the poor who belong to SC, ST, OBC categories.
