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Our Constitution doesn’t allow exclusion, the court said.
New Delhi:
The Supreme Court today upheld the 10 per cent reservation in all colleges and government jobs for the poorer sections of India’s so-called “upper castes”. Two judges — CJI UU Lalit and Justice S Ravindra Bhat – of the 5 in the bench, dissented.
Here are 5 quotes from the big judgement:
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Reservation structured singularly on economic criteria does not violate the basic structure of the Constitution. Exclusion of classes covered by 15(4), 16(4) does not violate equality code and does not damage basic structure.
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Reservations for Economically Backward Class (EWS) does not violate basic structure on account of 50% ceiling limit because ceiling limit is not inflexible.
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Treating EWS as a separate class would be a reasonable classification. Just as equals as unequals, unequals cannot be treated equally. Treating unequals equally violates equality under the Constitution.
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The sum and substance is that limitations imposed, whether procedural or substantive, on constituent power on the State cannot be said to be disregarded by the parliament.
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The amendment creates a separate class of EWS. The exclusion of Socially and Educationally Backward Classes (SEBC) cannot be said as discriminatory or violative of Constitution.
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