EWS quota ‘fraud on statute’, petitioners tell apex court | India News

NEW DELHI: Five judges Structure the bench, headed by CJI UU Lalit, on Tuesday began a hearing on a series of petitions challenging the validity of the 103rd constitutional amendment granting 10% reservations to the The Economic Weaker Division with petitioners calling it “fraud on the Constitution” and against its basic structure is sacrosanct.
During the four-and-a-half-hour proceedings, the petitioners, including former judge Andhra Pradesh HC V Eswaraiah, filed that the 103rd amendment was wrongly described by the government as an economic reservation but was in fact a quota for socially and educationally progressive communities with an exclusion based on financial viability rather than economic and educational criteria. They said the amendment was illegal because it violated the 50% cap in the quota and also because it prohibited SCs/STs/OBCs/SEBCs from taking advantage of it despite being equal or lower in financial status. compared to the type of term.
It has been noted as law scholar and advocate Mohan Gopal the one who catches the rolling ball and initiates the debate, followed by the senior supporters Sanjay Parikh and Meenakshi Arora. Appearing on behalf of the former HC judge, he forwarded being submitted to the bench, which also included Judges Dinesh Maheshwari, S Ravindra Bhat, Bela M Trivedi and JB Pardiwala, that the amendment was an “assault public” of the Constitution and it means “Stab” in its heart.
The sections of the population “whose economic and educational interests are particularly cared for and protected by the 103rd Amendment are from classes that have traditionally been the source and cause of social injustice and exploitation”.
“…we must view the 103rd Amendment as an attack on the Constitution, introducing for the first time a principle that in its essential flavor reflects rather than challenges unequal ideology, seek to nullify and nullify the Constitution’s social justice agenda unequal treatment unequal in order to create an egalitarian society, nullifying preferential treatment for the lowly inferior under ‘Chaturvarnya’ and colonialism, turning reticence, a weapon of social justice, against social justice, piercing the heart and tearing the Constitution,” he said.
Arguing that economic criteria alone cannot be considered a basis of reservation, Sanjay Parikh told the court that the EWS quota placed socially progressive and educated groups next to socially backward groups. society and education, who have a lower social hierarchy and it disregards the principle of equality as envisioned. by the framers of the Constitution.

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