New Delhi, 8/11: The Supreme Court on Monday said that the 50 per cent ceiling for reservation, fixed by the nine-judge bench in 1992 in Mandal Commission case, is applicable only to the SC/ST and OBC categories while the 10 per cent EWS quota was over and above the limit.
Justice Dinesh Maheshwari, along with Justice Bela M Trivedi and J B Pardiwala upheld validity of the 103rd Constituional Amendment Act, 2019.
Chief Justice U U Lalit and Justice S Ravindra Bhat, however, held the amendments by creating a different kind of criteria, becomes a gateway for further infractions which in fact would result in compartmentalization. In this regard, the observations of Ambedkar have to be kept in mind that the reservations are to be seen temporary and exceptional or else they would “eat up the rule of equality”, he wrote on behalf of himself and the CJI.
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