Supreme Court decision on poor “Upper Caste” (EWS) quota today: 10 points

The reservation was aimed at economically weaker sections (EWS) – a key voting base of the ruling BJP – and bypasses existing affirmative action measures that benefit communities that have traditionally been marginalized in Indian society.

The 103rd Amendment was approved in January 2019 shortly after the BJP lost elections in Madhya Pradesh, Rajasthan and Chhattisgarh and was immediately challenged in the Supreme Court.

While most opposition parties, including Congress, did not oppose the law, up to 40 petitions against it have been heard by the Supreme Court, including from the state of Tamil Nadu, which is among the country’s highest reservations and is in a delicate balance.

The petitioners had questioned several aspects of the EMS quota, including how it could exceed the 50 percent national cap set by the Supreme Court in 1992 and whether it would change the “fundamental structure” of the constitution.

The basic structure of the constitution, which includes provisions such as the rule of law and separation of powers, was declared off-limits to Parliament by the Supreme Court in 1973.

Hearing the EWS case, the court said its decision would be based on answering three basic questions, including whether the amendment changed the basic structure of the constitution by allowing economic status as a qualifying factor.

The other two questions were whether private institutions could be forced to follow it and whether the quota could exclude communities historically excluded on the basis of caste, religion and tribe.

The government argued that the amendment would help lift people out of poverty and did not violate the principles of the Constitution or previous Supreme Court orders.

The case was first brought before three judges, who in 2019 referred it to a larger five-judge panel. In September of this year, the court held a marathon, six-and-a-half-day hearing of the case and reserved its verdict.

The five judges, led by Chief Justice Uday Umesh Lalit, who is retiring tomorrow, are expected to deliver their verdict on the case today.