General Category Poor Large Segment, Not Covered Under Any Existing Quota Scheme: Centre to SC
News 18The Centre on Thursday vehemently defended in the Supreme Court the 103rd constitutional amendment, which provides a 10-per cent quota in jobs and education to those in the economically weaker section category, saying this was ”necessitated” to benefit the general category poor, a ”large segment” of population not covered under any existing reservation scheme. A five-judge Constitution bench headed by Chief Justice Uday Umesh Lalit took note of the submissions made by Solicitor General Tushar Mehta, who said the 10-per cent quota for the EWS category has been provided without disturbing the 50-per cent reservation available to the Scheduled Castes, Scheduled Tribes and Other Backward Classes. Considering the Preamble to the Constitution, the amendment does not destroy the basic structure, rather it strengthens it by giving justice — economic justice — to those who have not been the beneficiaries of affirmative action like reservation,” the law officer said. As per this doctrine, when the Constitution is amended, the validity of the amendment is tested only on the question as to whether it fundamentally changes the basic structure of the Constitution,” Mehta said.