Reservation For EWS: Congress Studying SC Judgment, Says Supported Constitutional Amendment

Congress said on Saturday that it is studying the Supreme Court judgment that upheld the 10 per cent reservation for Economically Weaker Sections (EWS) in government jobs with a 3:2 majority.

NEW DELHI | Updated: 12 November, 2022 7:26 pm IST
Supreme Court of India (TNI photo by Subham Tiwari)

Congress said on Saturday that it is studying the Supreme Court judgment that upheld the 10 per cent reservation for Economically Weaker Sections (EWS) in government jobs with a 3:2 majority.

The party also said that it had supported the Constitution Amendment Bill in Parliament even though it had demanded a Joint Parliamentary Committee on it for a more detailed examination, but it was pushed through keeping the Lok Sabha elections in mind.

Congress general secretary communication in-charge Jairam Ramesh said that the Supreme Court has upheld the 103rd Amendment to the Constitution passed by Parliament in January 2019.

The senior leader said that all five judges have upheld the 103rd Constitution Amendment to the extent that it provides for reservations for the EWS category.

Three judges have opined that the EWS category could exclude scheduled castes, scheduled tribes and OBCs. Each of them has given different reasons for their respective positions, the Rajya Sabha MP said, adding that two judges have opined that the exclusion of scheduled castes, scheduled tribes and OBCs from the EWS category is unconstitutional.

“Along with many other parties, the Congress Party had supported the Constitution Amendment Bill in Parliament even as it had demanded a JPC on it for more detailed examination. But it was pushed through keeping the Lok Sabha elections in mind,” the former Union minister said.

“A large number of issues have been raised by each of the five judges. The Congress Party is now studying them in detail,” he added.

Sources in Congress told The New Indian that the grand old party has taken a consistent position from 2014 onwards. The source further said that all this can be implemented only if there is a caste census.

“For a firm folding, you need a caste census. The UPA-2 government carried out the caste census in 2011, and 2012 and completed it in 2013, and around 25 crore households in India were surveyed. But the government then didn’t release it,” the source said.

The source further said that in 2021, the census was to be done. “Now we demand that there should be a caste census in 2023. Till the time the caste census is there, it cannot be done,” the source said.

He further said that we demand to have a caste census, but the government is silent. “If the caste census is not there, then how can the reservation issue be solved? The last time caste data was completed was in 1931, and then in 2011 after a gap of 80 years,” he said, adding that the government must say that it is in favour of a caste census.

The Congress remarks came after an all-party meeting called by Tamil Nadu Chief minister MK Stalin. A resolution was passed to file a review petition against the Supreme Court verdict that upheld the 10 per cent reservation for EWS in government jobs with a 3-2 majority.

According to the DMK-led government, the EWS reservation is against “social justice and equality and contrary to social justice policy”.

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