TFIPOST हिन्दी
TFIPOST Global
Tfipost.com
Tfipost.com
No Result
View All Result
  • Premium
  • Politics
    • All
    • Analysis
    • Opinions
    • Trending
    Securing the Frontier: Shah Draws a Red Line on Demographic Shifts as Smart Border Project Nears Rollout

    Securing the Frontier: Shah Draws a Red Line on Demographic Shifts as Smart Border Project Nears Rollout

    Did Dawood Ibrahim Want Control Over IPL? Lalit Modi Reveals in Explosive Account of Underworld Pressure

    Did Dawood Ibrahim Want Control Over IPL? Lalit Modi Reveals in Explosive Account of Underworld Pressure

    When a Gold Story Turned Into Dust: Bloomberg Retraction, RBI’s Clarification, and the Debate Over Narrative First Journalism

    When a Gold Story Turned Into Dust: Bloomberg Retraction, RBI’s Clarification, and the Debate Over Narrative First Journalism

    Is Lalit Modi Back? Kochi IPL Controversy Returns With Fresh Claims Over Tharoor Pushkar and Political Pressure

    Is Lalit Modi Back? Kochi IPL Controversy Returns With Fresh Claims Over Tharoor Pushkar and Political Pressure

    • Analysis
    • Opinions
    • Trending
  • Economy
    • All
    • Business
    • Economy1
    • Finance
    When a Gold Story Turned Into Dust: Bloomberg Retraction, RBI’s Clarification, and the Debate Over Narrative First Journalism

    When a Gold Story Turned Into Dust: Bloomberg Retraction, RBI’s Clarification, and the Debate Over Narrative First Journalism

    India Joins Global Digital Elite, Climbs Into Fifth Spot as AI Revolution and Digital Infrastructure Reshape Economy

    India Joins Global Digital Elite, Climbs Into Fifth Spot as AI Revolution and Digital Infrastructure Reshape Economy

    How gaming merchants choose a payment gateway in India

    How gaming merchants choose a payment gateway in India

    The Informal Economy Pays the Price: Street Traders, Small Shops and the Hidden Cost of Trade Policy

    The Informal Economy Pays the Price: Street Traders, Small Shops and the Hidden Cost of Trade Policy

    • Business
    • Finance
  • Defense
    • All
    • Defence
    • Strategy
    • Weaponry
    Securing the Frontier: Shah Draws a Red Line on Demographic Shifts as Smart Border Project Nears Rollout

    Securing the Frontier: Shah Draws a Red Line on Demographic Shifts as Smart Border Project Nears Rollout

    “Not 1962, Not China”: Pema Khandu Reasserts Tibet Border Claim, Dismisses Beijing’s Arunachal Assertions

    “Not 1962, Not China”: Pema Khandu Reasserts Tibet Border Claim, Dismisses Beijing’s Arunachal Assertions

    Rudram-2 Passes Crucial Combat Trial, India Moves Closer to Indigenous SEAD Dominance

    Rudram-2 Passes Crucial Combat Trial, India Moves Closer to Indigenous SEAD Dominance

    Rajesh Kumar Singh Reveals Vietnam BrahMos Deal, Indonesia Agreement in Final Stages

    Rajesh Kumar Singh Reveals Vietnam BrahMos Deal, Indonesia Agreement in Final Stages

    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • All
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
    Why Russia Trusts India: Putin Dismisses Western Pressure on Modi, Backs New Delhi’s Independent Foreign Policy

    Why Russia Trusts India: Putin Dismisses Western Pressure on Modi, Backs New Delhi’s Independent Foreign Policy

    India and Venezuela Signal Energy Recalibration as Rodríguez Visits New Delhi for Crucial Talks

    India and Venezuela Signal Energy Recalibration as Rodríguez Visits New Delhi for Crucial Talks

    Iranian President Pezeshkian Sent Resignation to Supreme Leader, Says IRGC Has Taken Control of State Power

    Iranian President Pezeshkian Sent Resignation to Supreme Leader, Says IRGC Has Taken Control of State Power

    AK-47 Funeral for Pulwama Plotter Exposes Fractures Inside Pakistan’s Terror Networks

    AK-47 Funeral for Pulwama Plotter Exposes Fractures Inside Pakistan’s Terror Networks

    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • All
    • Culture
    • Education
    • History
    • Indology
    Who Killed Akanksha ? How Many More Students Will Pay the Price for Education Mafias and Paper-Leak Rackets?

    Who Killed Akanksha ? How Many More Students Will Pay the Price for Education Mafias and Paper-Leak Rackets?

    June 3, 1947 Revisited: Nishikant Dubey Blames Nehru-Gandhi Family for Partition and Kashmir Crisis

    June 3, 1947 Revisited: Nishikant Dubey Blames Nehru-Gandhi Family for Partition and Kashmir Crisis

    CBSE OSM Fallout Deepens as 4 Lakh Students Rush for Re-evaluation, Raising Serious Questions on Digital Checking System

    CBSE OSM Fallout Deepens as 4 Lakh Students Rush for Re-evaluation, Raising Serious Questions on Digital Checking System

    Veer Savarkar

    When Nehru Government Imprisoned Veer Savarkar for the Pakistani Prime Minister

    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • All
    • Books
    • Cinema
    • Entertainment
    • Food
    • Games
    • Health
    • Lifestyle
    • Satire
    • Sports
    • technology
    • Travel
    Erythrocyte Sedimentation Rate (ESR) Test: Meaning, Normal Range & Uses

    Erythrocyte Sedimentation Rate (ESR) Test: Meaning, Normal Range & Uses

    Inside the World of Elite Matchmaking in India

    Inside the World of Elite Matchmaking in India

    Best Salicylic Acid Face Wash for Oily & Acne-Prone Skin

    Best Salicylic Acid Face Wash for Oily & Acne-Prone Skin

    Supreme Court Verdict Crushes Opposition’s SIR Narrative, Reasserts Election Commission’s Constitutional Authority

    Judicial Expansion at the Apex: Centre Clears Appointment of Five Judges to Supreme Court, Strength Nearing Full Capacity

    • Books
    • Cinema
    • Food
    • Health
    • Sports
    • technology
    • Travel
    • Satire
Tfipost.com
  • Premium
  • Politics
    • All
    • Analysis
    • Opinions
    • Trending
    Securing the Frontier: Shah Draws a Red Line on Demographic Shifts as Smart Border Project Nears Rollout

    Securing the Frontier: Shah Draws a Red Line on Demographic Shifts as Smart Border Project Nears Rollout

    Did Dawood Ibrahim Want Control Over IPL? Lalit Modi Reveals in Explosive Account of Underworld Pressure

    Did Dawood Ibrahim Want Control Over IPL? Lalit Modi Reveals in Explosive Account of Underworld Pressure

    When a Gold Story Turned Into Dust: Bloomberg Retraction, RBI’s Clarification, and the Debate Over Narrative First Journalism

    When a Gold Story Turned Into Dust: Bloomberg Retraction, RBI’s Clarification, and the Debate Over Narrative First Journalism

    Is Lalit Modi Back? Kochi IPL Controversy Returns With Fresh Claims Over Tharoor Pushkar and Political Pressure

    Is Lalit Modi Back? Kochi IPL Controversy Returns With Fresh Claims Over Tharoor Pushkar and Political Pressure

    • Analysis
    • Opinions
    • Trending
  • Economy
    • All
    • Business
    • Economy1
    • Finance
    When a Gold Story Turned Into Dust: Bloomberg Retraction, RBI’s Clarification, and the Debate Over Narrative First Journalism

    When a Gold Story Turned Into Dust: Bloomberg Retraction, RBI’s Clarification, and the Debate Over Narrative First Journalism

    India Joins Global Digital Elite, Climbs Into Fifth Spot as AI Revolution and Digital Infrastructure Reshape Economy

    India Joins Global Digital Elite, Climbs Into Fifth Spot as AI Revolution and Digital Infrastructure Reshape Economy

    How gaming merchants choose a payment gateway in India

    How gaming merchants choose a payment gateway in India

    The Informal Economy Pays the Price: Street Traders, Small Shops and the Hidden Cost of Trade Policy

    The Informal Economy Pays the Price: Street Traders, Small Shops and the Hidden Cost of Trade Policy

    • Business
    • Finance
  • Defense
    • All
    • Defence
    • Strategy
    • Weaponry
    Securing the Frontier: Shah Draws a Red Line on Demographic Shifts as Smart Border Project Nears Rollout

    Securing the Frontier: Shah Draws a Red Line on Demographic Shifts as Smart Border Project Nears Rollout

    “Not 1962, Not China”: Pema Khandu Reasserts Tibet Border Claim, Dismisses Beijing’s Arunachal Assertions

    “Not 1962, Not China”: Pema Khandu Reasserts Tibet Border Claim, Dismisses Beijing’s Arunachal Assertions

    Rudram-2 Passes Crucial Combat Trial, India Moves Closer to Indigenous SEAD Dominance

    Rudram-2 Passes Crucial Combat Trial, India Moves Closer to Indigenous SEAD Dominance

    Rajesh Kumar Singh Reveals Vietnam BrahMos Deal, Indonesia Agreement in Final Stages

    Rajesh Kumar Singh Reveals Vietnam BrahMos Deal, Indonesia Agreement in Final Stages

    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • All
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
    Why Russia Trusts India: Putin Dismisses Western Pressure on Modi, Backs New Delhi’s Independent Foreign Policy

    Why Russia Trusts India: Putin Dismisses Western Pressure on Modi, Backs New Delhi’s Independent Foreign Policy

    India and Venezuela Signal Energy Recalibration as Rodríguez Visits New Delhi for Crucial Talks

    India and Venezuela Signal Energy Recalibration as Rodríguez Visits New Delhi for Crucial Talks

    Iranian President Pezeshkian Sent Resignation to Supreme Leader, Says IRGC Has Taken Control of State Power

    Iranian President Pezeshkian Sent Resignation to Supreme Leader, Says IRGC Has Taken Control of State Power

    AK-47 Funeral for Pulwama Plotter Exposes Fractures Inside Pakistan’s Terror Networks

    AK-47 Funeral for Pulwama Plotter Exposes Fractures Inside Pakistan’s Terror Networks

    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • All
    • Culture
    • Education
    • History
    • Indology
    Who Killed Akanksha ? How Many More Students Will Pay the Price for Education Mafias and Paper-Leak Rackets?

    Who Killed Akanksha ? How Many More Students Will Pay the Price for Education Mafias and Paper-Leak Rackets?

    June 3, 1947 Revisited: Nishikant Dubey Blames Nehru-Gandhi Family for Partition and Kashmir Crisis

    June 3, 1947 Revisited: Nishikant Dubey Blames Nehru-Gandhi Family for Partition and Kashmir Crisis

    CBSE OSM Fallout Deepens as 4 Lakh Students Rush for Re-evaluation, Raising Serious Questions on Digital Checking System

    CBSE OSM Fallout Deepens as 4 Lakh Students Rush for Re-evaluation, Raising Serious Questions on Digital Checking System

    Veer Savarkar

    When Nehru Government Imprisoned Veer Savarkar for the Pakistani Prime Minister

    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • All
    • Books
    • Cinema
    • Entertainment
    • Food
    • Games
    • Health
    • Lifestyle
    • Satire
    • Sports
    • technology
    • Travel
    Erythrocyte Sedimentation Rate (ESR) Test: Meaning, Normal Range & Uses

    Erythrocyte Sedimentation Rate (ESR) Test: Meaning, Normal Range & Uses

    Inside the World of Elite Matchmaking in India

    Inside the World of Elite Matchmaking in India

    Best Salicylic Acid Face Wash for Oily & Acne-Prone Skin

    Best Salicylic Acid Face Wash for Oily & Acne-Prone Skin

    Supreme Court Verdict Crushes Opposition’s SIR Narrative, Reasserts Election Commission’s Constitutional Authority

    Judicial Expansion at the Apex: Centre Clears Appointment of Five Judges to Supreme Court, Strength Nearing Full Capacity

    • Books
    • Cinema
    • Food
    • Health
    • Sports
    • technology
    • Travel
    • Satire
No Result
View All Result
Tfipost.com
Tfipost.com
No Result
View All Result
  • Premium
  • Politics
  • Economy
  • Defense
  • Geopolitics
  • Knowledge
  • Law
  • Lounge

EWS Reservation not a contravention of Indra Sawhney vs. Union of India (1992)

Shivam Jaiswal by Shivam Jaiswal
16 November 2022
in Law
EWS Quota
Share on FacebookShare on X

The betrayal of the contours of the Constitution of India is appalling, unconscionable or rather unscrupulous travesty of the quintessence of equal justice. The sole fountainhead at the centre of this debate pertains to the legality of the EWS Quota in light of the Indra Sawhney judgement of 1992.

Janhit Abhiyan vs. Union of India: Debate flanking the EWS Quota

Catechizing the time span of the reservation policy, Hon’ble Justice Bela M. Trivedi made a strong observation in the EWS Judgement. She was of the view that no document can be perfect and no ideals can be fully achieved. But this does not mean that we as a society should be bereaved of our ideals and visions.

RelatedPosts

When a Gold Story Turned Into Dust: Bloomberg Retraction, RBI’s Clarification, and the Debate Over Narrative First Journalism

Operation Sindoor Kept Pakistan Navy Docked as India Tightened Its Grip at Sea, Says Rajnath Singh

India Joins Global Digital Elite, Climbs Into Fifth Spot as AI Revolution and Digital Infrastructure Reshape Economy

Load More

The Hon’ble Justice found the ideals envisaged by the framers of our Constitution to have an egalitarian, casteless and classless society is an achievable goal.

She categorically highlighted that the reservation structured singularly on economic criteria does not violate any essential feature of the Constitution of India and does not cause any damage to the basic structure of the Constitution of India.

Basic premise of the 103rd Constitutional Amendment Act, 2019

The economically weaker sections of citizens belonging to the Unreserved Category were not eligible for the benefit of reservation. Therefore, with a view to fulfil the ideals lying behind Article 46, and to ensure that the aforementioned class gets a fair chance of receiving higher education and participation in employment in the services of the State, the Central government amended the Constitution of India.

Prior to the 103rd Constitutional Amendment Act, the economically weaker sections of the Unreserved Category had largely remained excluded from attaining the higher educational institutions and public employment on account of their financial incapacity to compete with the persons who were economically more privileged. The benefits of existing reservations under Clause (4) and (5) of Article 15 and Clause (4) of Article 16 are generally unavailable to them unless they meet with the specific criteria of social and educational backwardness.

It has been further stated that the Constitution (Ninety-third Amendment) Act, 2005 which paved way for the incorporation of Clause (5) to Article 15 along with Clause (4) to Article 16 of the Constitution were necessarily restricted to backward class of citizens only.

Therefore, the Exclusion of the backward classes covered by purview of Articles 15(4), 15(5) and 16(4) from getting the benefit of reservation as economically weaker sections, is nothing more than the nature of balancing the requirements of non-discrimination. The compensatory discrimination to the EWS does not violate the Equality Code and also does not in any manner cause damage to the basic structure of the Constitution of India.

Janhit Abhiyan vs. Indra Sawhney?

The landmark judgement of Janhit Abhiyan vs. Union of India, popularly known as the EWS Quota Case, uploads the validity of the reservation provided to the economically weaker sections of citizens up to ten per cent. The said judgement does not in any way contradict the ruling of the Hon’ble Apex Court in the 1992 historic judgement of Indra Sawhney vs. Union of India.

The majority view of the bench in the Janhit Abhiyan case underline the premise that the EWS reservation does not amount to breach of the ceiling limit of fifty per cent, as the ceiling limit itself is not inflexible. The court categorically highlighted that the fifty per cent ceiling limit provided under the Indra Sawney case would be limited to the reservations envisaged by Articles 15(4), 15(5) and 16(4) of the Constitution of India i.e., with respect to the backward class of citizens.

The 103rd Constitution Amendment Act therefore permits the State to make special provisions, including reservation, based on economic criteria and in no way be termed as an infringement of the basic structure of the Constitution in excluding the SEBCs/OBCs/SCs/STs from the scope of EWS reservation.

Therefore, the inclusion of any class or section that is economically disadvantaged and falls under the description of a weaker section can be termed as an instrument of affirmative action by the State to meet the ends of an egalitarian society.

The erudite, intellectual and authoritative opinions pronounced by the 5-Judges Bench in this historic judgement, fulcrum towards upholding the constitutional validity of the 10 per cent EWS Quota with a 3:2 split verdict.

Also Read: Supreme Court tells Modi govt. to declare religious conversion illegal

Constitutional Idea of Equality

The basic skeleton of the constitution or the idea and identity of equality inculcates the outlook against discrimination in any form, for any reason whatsoever on the proscribed grounds. Consequently, the provision for affirmative action is an intrinsic part of the framework and value of equality, that is, to ensure that the equality of classes hitherto discriminated and ostracized.

However, the idea of equality as envisioned by the framers of the Constitution was sought to be achieved on the completion of fifty years of the advent of the Constitution. That is to say the policy of reservation that must have achieved its purpose has failed the test of time. However, at the end of seventy-five years of our independence, we need to revisit the system of reservation in the larger interest of the society as a whole, as a step forward towards transformative constitutionalism.

Support TFI:

Support us to strengthen the ‘Right’ ideology of cultural nationalism by purchasing the best quality garments from TFI-STORE.COM

Also Watch:

https://www.youtube.com/watch?v=PyAnhsFANis

Tags: Constitution of IndiacourtEconomyequalityEWSIndra SawhneyjudgementreservationUnion of India
ShareTweetSend
Previous Post

Liberal media is hell bent on turning murderer Aftab into a victim of mental illness

Next Post

Allopathy vs Integrated Medicine – The need to revisit traditional medicines

Related Posts

‘Chop a Limb and People Will Obey Law’: Karnataka HC Calls for Stronger Deterrence While Denying Bail in Rape Case
Crime

‘Chop a Limb and People Will Obey Law’: Karnataka HC Calls for Stronger Deterrence While Denying Bail in Rape Case

2 June 2026

The Karnataka High Court has refused to grant bail to a 23-year-old engineering student accused of rape, making unusually...

Supreme Court Verdict Crushes Opposition’s SIR Narrative, Reasserts Election Commission’s Constitutional Authority
Law

Judicial Expansion at the Apex: Centre Clears Appointment of Five Judges to Supreme Court, Strength Nearing Full Capacity

1 June 2026

The Supreme Court of India is set to function with near-full strength after the Central Government cleared the appointment...

Nashik TCS BPO Case: SIT Files Eight Chargesheets, Tightens Legal Grip in Workplace Misconduct Probe
Crime

Nashik TCS BPO Case: SIT Files Eight Chargesheets, Tightens Legal Grip in Workplace Misconduct Probe

29 May 2026

The Nashik city police have escalated their investigation in the TCS-linked BPO case by filing eight chargesheets in eight...

Load More

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

I agree to the Terms of use and Privacy Policy.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Currently Playing

AIRCRAFT CARRIERS: INDIA’S MOST POWERFUL TOOL OF MARITIME POWER PROJECTION | INS Vikrant |

AIRCRAFT CARRIERS: INDIA’S MOST POWERFUL TOOL OF MARITIME POWER PROJECTION | INS Vikrant |

00:03:22

Rudram 2 Success: Made in India Missile Ready To Crush Enemy Radars| DRDO’s Big Breakthrough

00:03:46

From Runways to Warships: India’s Firefighting Warrior Built for Bases & Battles| IAF | VayuShakti

00:05:40

Ethanol, EVs and Solar- How India’s Energy Game Is Changing | Modi on LPG & Crude Oil | war| Hormuz

00:05:21

Truth of IRIS Dena: 8 Days That Changed Narrative | War zone Reality, Not an Indian Navy Exercise

00:08:02
Facebook Twitter Instagram Youtube
tfipostTfipost.com
Right Wing | News Analysis | Indian Opinion
  • About us
  • Contact Us
  • Careers
  • Brand Partnerships
  • Terms of use
  • Privacy Policy
  • Sitemap

©2026 TFI Media Private Limited

No Result
View All Result
  • Premium
  • Politics
    • Analysis
    • Opinions
    • Trending
  • Economy
    • Business
    • Finance
  • Defense
    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • Books
    • Cinema
    • Food
    • Health
    • Sports
    • technology
    • Travel
    • Satire
TFIPOST हिन्दी
TFIPOST Global

©2026 TFI Media Private Limited