New Delhi: In a landmark ruling, the Supreme Court on Monday upheld the validity of the 103rd Constitution amendment providing 10 per cent reservation to people belonging to the economically weaker sections (EWS) in admissions and government jobs. The top court said the law on the EWS quota does not violate the basic structure of the Constitution.

The court delved into whether there was a breach of the 50% ceiling. Later, Justice Dinesh Maheshwari concluded, saying, “It does not violate the equality code and basic structure.”

Justice Bela Trivedi said, “I have concurred with Justice Dinesh Maheshwari.”

While justices Dinesh Maheshwari, Bela Trivedi and B. Pardiwala held that the EWS quota does not violate basic structure of the Constitution, CJI U.U. Lalit and Justice Ravindra Bhat did not concur with the majority view.

Justices Dinesh Maheshwari and Bela Trivedi in their opinions said the state can make special provisions and exclusion of SEBCs, STs, SCs, OBCs does not violate equality code. Challenge to 103rd Amendment of the Constitution, according to the two judges, does not hold water.

Justice Trivedi also added reservation should have a deadline to usher in an egalitarian society.

Justice B. Pardiwala also concurred with Justice Maheswari’s view. He also said efforts should be made to eliminate the causes of backwardness.

On the other hand, Justice Ravindra Bhat said while economic deprivation and penury seems to be whole premise of the EWS quota and is this indeafisable, excluding equally poor sections of the society personified by SC, ST, SEBC, OBCs amounts to “constitutionally prohibited form of discrimination”. He said though the Amendment is valid, on the question of excluding backward classes in its scope it should go. Permitting a breach of the 50% reservation for backward classes would lead to compartmentalisation, he added.

Justice Bhat summed up: Reservation on the basis of economic criterion is per se valid, but excluding others who are backward (SC/ST/OBC/SEBC) is a violation of basic structure. All the poorest, regardless of caste or class, is discriminatory. Strikes at the essentials of non-discriminatory rule. Chief Justice U.U. Lalit too concured with Justice Bhat’s view.

The Constitution Bench had heard marathon arguments for seven days before reserving the case for judgment on September 27.