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More legal battles likely on EWS criteria, 50% quota cap | India News

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NEW DELHI: Although a five-judge Supreme Court docket Structure bench permitted 10% quota for economically weaker sections (EWS) by a 3:2 majority, yet another spherical of litigation appears to be on the horizon pertaining to its implementation because the court docket didn’t study the standards mounted by the Centre for EWS, together with Rs 8 lakh earnings every year, which the apex court docket earlier had noticed to be unreasonable.
The difficulty regarding the 50% cap on reservation might also should be examined by a bigger bench in view of the Indra Sawhney judgement which was delivered by a nine-judge bench. The five-judge bench of Chief Justice UU Lalit, Justices Dinesh Maheshwari, Ravinder Bhat, Bela Trivedi and JB Pardiwala had framed three inquiries to be determined by the bench and the problem of whether or not 50% quota is breachable or not was not amongst them.
The three points earlier than the bench have been — (1) whether or not the 103rd Structure modification could be stated to breach the essential construction of the Structure by allowing the State to make particular provisions, together with reservation, primarily based on financial standards; (2) whether or not the modification could be stated to breach the essential construction by allowing the State to make particular provisions in relation to admission to personal unaided academic establishments; (3) and, whether or not the modification could be stated to breach the essential construction of the Structure in excluding the SEBCs/OBCs/SCs/STs from the scope of EWS reservation.
Apparently, the minority verdict of the CJI and Justice Bhat didn’t study the problem of fifty% cap and left it untouched with a be aware of warning that the problem is pending earlier than one other bench on reservation in Tamil Nadu in breach of the cap.




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