The reservation supplied to the Economically Weaker Sections (EWS), which is one thing new, won’t in any method dilute the rights of Scheduled Castes (SC), Scheduled Tribes (ST) and Other Backward Classes (OBC), which have been earlier We are already “full of benefits” by way of affirmative motion”, Attorney General KK Venugopal advised the Supreme Court on Tuesday.
“This reservation is a brand new improvement, which is totally impartial of the reservation for ST, SC and OBC. It doesn’t infringe on their rights. It is impartial of fifty%. A five-judge Constitution Bench headed by Chief Justice of India UU Lalit advised the AG that the query of exceeding the 50% restrict and due to this fact violating the infrastructure doesn’t come up, which led to a batch of petitions difficult the constitutional listening to. Validity of the 103rd Amendment of the Constitution by which EWS reservation was launched.
Defending the modification earlier than the bench, Justices Dinesh Maheshwari, S Ravindra Bhat, Bela M Trivedi and JB Pardiwala, Venugopal denied that the EWS quota discriminates in opposition to SC, ST and OBC communities, exempting them from their utility. By saying “the question of discrimination will arise” between two lessons that are equally positioned”, which they aren’t.
Giving emphasis to this argument, he argued that the Scheduled Castes and the Scheduled Tribes have been supplied reservation in promotion in native our bodies and legislatures. “Look at the advantages … Article 16(4)(a) reveals {that a} particular provision is being given to SCs and STs by means of promotion, Article 243D supplies for reservation in Panchayats … Article 330 supplies them reservation within the House of the People, and Article 332 supplies for reservation within the Legislative Assembly,” he mentioned.
He requested, “If all these benefits are given to them through the fact that they are backward, will they leave it for the purpose of claiming equality?” And mentioned that “Reservation has been given to EWS for the primary time. On the opposite hand, so far as SCs and STs are involved, they’ve been full of advantages by way of constructive actions.
Venugopal mentioned that the 2 are “highly unequal … as far as reservation is concerned”.
He mentioned that whereas the backward lessons have been the economically weaker sections, the final classes additionally included the “ghar poor”, who at the moment are being helped by way of constructive actions.
The prime regulation officer mentioned that a big part of the final inhabitants shall be disadvantaged of alternatives in academic establishments and jobs if the quota is exhausted.
Asked whether or not there may be any information on EWS within the normal class, Venugopal mentioned it might be 18.2 per cent of the inhabitants as per the 2011 census.
The arguments remained inconclusive and can proceed on Wednesday.
With inputs from TheIndianEXPRESS
