National Desk:
Upholding the reservation in educational institutions and government jobs for the Economically Backward Classes (EWS), Supreme Court Justice Dinesh Maheshwari said whether any amendment to the Constitution violates its basic structure There can be no 'formula' or 'theorem' to decide this. A five-member bench of the Supreme Court on Monday upheld the 10 percent EWS reservation.
There will be no share of Scheduled Castes (SC), Scheduled Tribes (ST) and Other Backward Classes (OBC) in this reservation. The bench, in its 155-page judgment upholding the 103rd Constitutional Amendment, said, "It is beyond doubt that the basic structure being used as a sword against the amendment being contemplated and (of the Constitution) Preamble and the State It is not possible to reject the nation's effort to do economic justice enshrined in the Directive Principles and to negate the provisions of Articles 38, 39 and 46.
Justice Maheshwari said, "This process of eliminating inequalities naturally speaks of a rational hierarchical order so that everyone is treated equally and those who are unequal are treated differently according to their needs." The validity of the 103rd Constitutional Amendment was challenged, including a petition filed in 2019 by the Janhit Andolan in most of them.
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