All India Backward Classes Federation moves SC; seeks review of EWS quota verdict

New Delhi, December 7

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The All India Backward Classes Federation has filed a petition in the Supreme Court seeking review of its verdict upholding the constitutional validity of 10 per cent quota for Economically Weaker Sections (EWS) in government jobs and educational institutions.

“EWS is reservation for upper caste/forward classes, with a creamy layer exclusion. It is social/caste reservation, not solely economic reservation,” the Federation submitted.

The petitioner contended that if EWS quota was based solely on economic criteria, its benefits should be available to all those disadvantaged in terms of applicable economic criteria such as family income and other indicators of economic disadvantage and priority should be given to more disadvantaged sections such as OBCs, SCs and STs.

By 3:2 majority, a five-judge Constitution Bench led by the then CJI UU Lalit had on November 7 declared that the 103rd constitutional amendment providing for the EWS quota was valid and it didn’t violate basic structure of the Constitution.

The use of basic structure doctrine as a “sword” to “stultify” the State’s effort to do economic justice can’t be countenanced, it had said.

There were four separate judgments. Justice Dinesh Maheshwari, Justice Bela M Trivedi and Justice JB Pardiwala – who delivered separate verdicts—upheld the validity of EWS quota law, while Justice S Ravindra Bhat delivered a dissenting verdict. Justice Lalit had agreed with Justice Bhat.

This is the third petition seeking review of the Supreme Court’s verdict upholding the validity of the EWS quota law.

Last month, Madhya Pradesh Congress leader Jaya Thakur had moved the Supreme Court seeking review of its top court’s EWS quota verdict.

On December 5, Tamil Nadu’s ruling DMK filed a petition in the Supreme Court seeking review of the court’s verdict upholding the constitutional validity of 10 per cent quota for EWS in government jobs and educational institutions.