The constitutional bench of five judges of the Supreme Court has upheld the validity of the 103rd Amendment Act 2019 of the Constitution. The Supreme Court on Monday stamped a 10 percent reservation for the economically weaker section (EWS). While hearing the case, a five-judge constitutional bench gave its verdict in favor of the EWS reservation by a margin of 3-2. The three judges disagreed in favor of maintaining the Act while the Chief Justice and a judge.

Justice Dinesh Maheshwari, Justice Bela M Trivedi, and Justice JB Pardiwala have agreed to the EWS reservation. The three judges believe that this reservation does not violate the constitution. While giving the verdict, the three judges also admitted that the EWS reservation does not violate the 50 percent reservation limit. At the same time, CJI Justice UU Lalit and Justice Ravindra Bhat expressed disagreement on this and said that the 50 percent of the quota limit cannot be violated, so the EWS reservation is not correct from any point of view.

Indeed, the constitutional validity of the EWS quota was challenged in the Supreme Court. After a long hearing on several petitions in the case, the apex court reserved its verdict on 27 September. On August 5, 2020, a bench of the then CJI SA Bobde, Justice R Subhash Reddy, and Justice BR Gawai sent the matter to the Constitution Bench.

Justice Dinesh Maheshwari, while giving his verdict, said that the question was whether the EWS reservation is against the basic spirit of the Constitution? Is it against the basic spirit to keep SC / ST / OBC out of it? He said that the EWS quota does not violate the Constitution in any way. EWS reservation is correct for economically weaker sections. It does not violate any provision of the Constitution. It does not violate the infrastructure of the Constitution of India.