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The Supreme Court has dismissed petitions seeking review of its November 7, 2022, judgment upholding the 103rd Constitution Amendment by which 10 per cent reservation was introduced for Economically Weaker Sections (EWS) among the unreserved categories in admissions and government jobs.
“Having perused the review petitions, there is no error apparent on the face of the record. No case for review under Order XLVII Rule 1 of the Supreme Court Rules 2013. The review petitions are, therefore, dismissed,” a five-judge bench presided by Chief Justice of India D Y Chandrachud which took up the review petitions said in its May 9 order.
The bench also comprised Justices Dinesh Maheshwari, S Ravindra Bhat, Bela M Trivedi and J B Pardiwala.
The November 7, 2022, ruling upheld the 10 per cent quota by a 3:2 majority. While Justices Maheshwari, Trivedi and Pardiwala agreed that the amendment does not violate the basic structure of the Constitution, the then Chief Justice of India U U Lalit (since retired) and Justice Bhat dissented.
The majority view described reservation as “an instrument not only for inclusion of socially and educationally backward classes to the mainstream of society, but also for the inclusion of any class or section so disadvantaged”. The minority view said EWS quota is “contradictory to the essence of equal opportunity” and “strikes at the heart of the equality code”.
Justices Trivedi and Pardiwala touched upon the concept of reservation as originally envisaged for a limited period and underlined the need to revisit and fine-tune it with the realities of the day. “Reservation,” said Justice Pardiwala, “should not be allowed to become a vested interest”.
Several petitions were filed in the SC seeking review of this ruling including by Tamil Nadu’s ruling DMK.
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