EWS reservation: Madhya Pradesh Congress leader files review petition in Supreme Court

Madhya Pradesh Congress leader Dr Jaya Thakur has moved the Supreme Court seeking to review the Constitution Bench verdict that upheld the validity of the Constitution (103rd) Amendment, which provides for 10% reservation for economically weaker sections (EWS) of society..The review petition was filed this afternoon. .The review petition states that "concept of the Reservation to give adequate representation in all section of the society, but exclusion of the EWS benefits to the OBC/SC/ST community is violation of the fundamental rights of the OBC/SC/ST category."Thakur states that in Madhya Pradesh, the population of Scheduled Castes (SC), Scheduled Tribes (ST) and Other Backward Classes (OBC) is 86%, but only 49% of government jobs are filled by them."Services including PSU. It is very much clear that 51% people are working in the State of M.P. who is beneficiary of the impugned 103rd amendment. SC/ST reservation is in proportion to their population. OBC reservation is approx.50% of their population. While EWS reservation is dis-proportionally far above the need," reads the review plea.Assailing the majority opinion, the review petition states that Justice Bela Trivedi's opinion states that reservation under Articles 15 and 16 of the Constitution ought to have a time limit, but on the other hand, the judge upholds the 103rd Amendment. Thus, she effectively "allows another reservation after seventy five years," which is contradictory to her opinion."Therefore, there are error on face of records," the review plea states..The Supreme Court by a 3:2 majority upheld the validity of the Amendment, which provides 10% reservation in government jobs and educational institutions to the ‘economically weaker sections of the society,' but excludes the ‘poorest of poor’ among SC/ST/OBC and Socially and Educationally Backward Classes (SEBC) from its scope.Justices Dinesh Maheshwari, Bela Trivedi and JB Pardiwala delivered the majority opinions on the five-judge Bench. Chief Justice UU Lalit and Justice S Ravindra Bhat rendered the minority view.On whether reservation on the sole basis of economic criteria violated the Basic Structure of the Constitution, Justice Maheshwari took the expansive view that reservation was an “instrument of affirmative action by the state” and should not be confined to just SCs, STs, SEBCs, and the non-creamy layer of OBCs, but also include “any class or sections so disadvantaged as to answer the description of ‘weaker section’”. .Reservation to SC/ST, SEBC under Articles 15, 16 not part of basic structure of Constitution: Justice Dinesh Maheshwari in EWS case.Last week, Tamil Nadu Chief Minister MK Stalin chaired an all-party meeting of representatives of political parties, at which a resolution was passed rejecting the Amendment providing for 10% quota for EWS.