TFIPOST हिन्दी
TFIPOST Global
Tfipost.com
Tfipost.com
No Result
View All Result
  • Premium
  • Politics
    • All
    • Analysis
    • Opinions
    • Trending
    How the United States Nurtured a Serpent That Eventually Turned on Its Keeper

    How the United States Nurtured a Serpent That Eventually Turned on Its Keeper

    Why Is Bangladesh Turning on Its Own?

    Why Is Bangladesh Turning on Its Own? Islamist Fury, Hindu Killings, and Global Silence

    Shubman Gill Dropped from Team India T20 Squad, Sparks Flurry of Reactions from Indian Cricket Fans

    Shubman Gill Dropped from Team India T20 Squad, Sparks Flurry of Reactions from Indian Cricket Fans

    Polls Amidst Chaos: How Violence and Radicalisation Shadow Bangladesh’s Elections

    Polls Amidst Chaos: How Violence and Radicalisation Shadow Bangladesh’s Elections

    • Analysis
    • Opinions
    • Trending
  • Economy
    • All
    • Business
    • Economy1
    • Finance
    Steps to remove hypothecation from RC after Loan repayment

    Steps to remove hypothecation from RC after Loan repayment

    Is a ₹15,000 Small Instant Loan Right for You? Here’s What You Should Know

    Is a ₹15,000 Small Instant Loan Right for You? Here’s What You Should Know

    GrandGateAgency.com reviews: A Trust-Focused Trading Ecosystem Built for Today’s Market

    GrandGateAgency.com reviews: A Trust-Focused Trading Ecosystem Built for Today’s Market

    ExelLencera.net reviews – A Platform Shaping a New Trading Experience

    ExelLencera.net reviews – A Platform Shaping a New Trading Experience

    • Business
    • Finance
  • Defense
    • All
    • Defence
    • Strategy
    • Weaponry
    New NOTAM Sets 2,520 kilometer Missile Zone in Bay of Bengal

    New NOTAM Sets 2,520 kilometer Missile Zone in Bay of Bengal

    Proposed IMRH By HAL

    IMRH Set to Cross 75% Indigenous Mark, Signalling Major Leap in India’s Rotorcraft Capability

    CM Bhajanlal Sharma Flags Off Event with Top Military Leaders

    Honour Run 2025 draws 2,500 runners in Jaipur to salute veterans

    Veterans Deserve More Than Promises: The System Must Match the Soldier’s Sacrifice

    Veterans Deserve More Than Promises: The System Must Match the Soldier’s Sacrifice

    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • All
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
    Hangor-Class Submarine

    Pakistan Navy Launches Fourth Hangor-Class Submarine ‘Ghazi’ in China

    PM Modi In Car with Different Leaders

    Personal Gestures, Powerful Signals: PM Modi and the Rise of ‘Car Diplomacy’

    The Shyok Tunnel

    Shyok Tunnel Dedicated in Eastern Ladakh: A New Symbol of India’s Strategic Strength, Will Make It Easy to Handle the Chinese Threat at LAC

    ‘Ready to Continue Uninterrupted Shipments of Fuel to India,’ Says Putin at India-Russia Summit 2025

    ‘Ready to Continue Uninterrupted Shipments of Fuel to India,’ Says Putin at India-Russia Summit 2025

    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • All
    • Culture
    • Education
    • History
    • Indology
    Effective Study Techniques Backed by Science

    Effective Study Techniques Backed by Science

    Pictorial Representation on Ghazni’s Invasions.

    NCERT Updates Class 7 Books With Detailed Account of Ghazni’s Invasions

    When BR Ambedkar openly challenged the Nizam Shahi

    When BR Ambedkar openly challenged the Nizam Shahi

    Despite Nehru’s objection, Rajendra Prasad became India’s first President !

    How Nehru Resisted Dr. Rajendra Prasad—from Presidency to Somnath visit  and Beyond

    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • All
    • Books
    • Cinema
    • Entertainment
    • Food
    • Games
    • Health
    • Lifestyle
    • Satire
    • Sports
    • technology
    • Travel
    ED action in 1xBet case; assets of Yuvraj Singh and other celebrities seized

    Betting Case: Why ED Took Action Against Yuvraj Singh and Several Celebrities ?

    The New Gold Rush: 5 Uncapped Indian Players Make History at the IPL 2026 Auction

    The New Gold Rush: 5 Uncapped Indian Players Make History at the IPL 2026 Auction

    Handbags for Women That are Worth Every Penny

    Handbags for Women That are Worth Every Penny

    Elevate Video Scripts with an AI Writer That Builds Clear Structure

    Elevate Video Scripts with an AI Writer That Builds Clear Structure

    • Books
    • Cinema
    • Food
    • Health
    • Sports
    • technology
    • Travel
    • Satire
Tfipost.com
  • Premium
  • Politics
    • All
    • Analysis
    • Opinions
    • Trending
    How the United States Nurtured a Serpent That Eventually Turned on Its Keeper

    How the United States Nurtured a Serpent That Eventually Turned on Its Keeper

    Why Is Bangladesh Turning on Its Own?

    Why Is Bangladesh Turning on Its Own? Islamist Fury, Hindu Killings, and Global Silence

    Shubman Gill Dropped from Team India T20 Squad, Sparks Flurry of Reactions from Indian Cricket Fans

    Shubman Gill Dropped from Team India T20 Squad, Sparks Flurry of Reactions from Indian Cricket Fans

    Polls Amidst Chaos: How Violence and Radicalisation Shadow Bangladesh’s Elections

    Polls Amidst Chaos: How Violence and Radicalisation Shadow Bangladesh’s Elections

    • Analysis
    • Opinions
    • Trending
  • Economy
    • All
    • Business
    • Economy1
    • Finance
    Steps to remove hypothecation from RC after Loan repayment

    Steps to remove hypothecation from RC after Loan repayment

    Is a ₹15,000 Small Instant Loan Right for You? Here’s What You Should Know

    Is a ₹15,000 Small Instant Loan Right for You? Here’s What You Should Know

    GrandGateAgency.com reviews: A Trust-Focused Trading Ecosystem Built for Today’s Market

    GrandGateAgency.com reviews: A Trust-Focused Trading Ecosystem Built for Today’s Market

    ExelLencera.net reviews – A Platform Shaping a New Trading Experience

    ExelLencera.net reviews – A Platform Shaping a New Trading Experience

    • Business
    • Finance
  • Defense
    • All
    • Defence
    • Strategy
    • Weaponry
    New NOTAM Sets 2,520 kilometer Missile Zone in Bay of Bengal

    New NOTAM Sets 2,520 kilometer Missile Zone in Bay of Bengal

    Proposed IMRH By HAL

    IMRH Set to Cross 75% Indigenous Mark, Signalling Major Leap in India’s Rotorcraft Capability

    CM Bhajanlal Sharma Flags Off Event with Top Military Leaders

    Honour Run 2025 draws 2,500 runners in Jaipur to salute veterans

    Veterans Deserve More Than Promises: The System Must Match the Soldier’s Sacrifice

    Veterans Deserve More Than Promises: The System Must Match the Soldier’s Sacrifice

    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • All
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
    Hangor-Class Submarine

    Pakistan Navy Launches Fourth Hangor-Class Submarine ‘Ghazi’ in China

    PM Modi In Car with Different Leaders

    Personal Gestures, Powerful Signals: PM Modi and the Rise of ‘Car Diplomacy’

    The Shyok Tunnel

    Shyok Tunnel Dedicated in Eastern Ladakh: A New Symbol of India’s Strategic Strength, Will Make It Easy to Handle the Chinese Threat at LAC

    ‘Ready to Continue Uninterrupted Shipments of Fuel to India,’ Says Putin at India-Russia Summit 2025

    ‘Ready to Continue Uninterrupted Shipments of Fuel to India,’ Says Putin at India-Russia Summit 2025

    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • All
    • Culture
    • Education
    • History
    • Indology
    Effective Study Techniques Backed by Science

    Effective Study Techniques Backed by Science

    Pictorial Representation on Ghazni’s Invasions.

    NCERT Updates Class 7 Books With Detailed Account of Ghazni’s Invasions

    When BR Ambedkar openly challenged the Nizam Shahi

    When BR Ambedkar openly challenged the Nizam Shahi

    Despite Nehru’s objection, Rajendra Prasad became India’s first President !

    How Nehru Resisted Dr. Rajendra Prasad—from Presidency to Somnath visit  and Beyond

    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • All
    • Books
    • Cinema
    • Entertainment
    • Food
    • Games
    • Health
    • Lifestyle
    • Satire
    • Sports
    • technology
    • Travel
    ED action in 1xBet case; assets of Yuvraj Singh and other celebrities seized

    Betting Case: Why ED Took Action Against Yuvraj Singh and Several Celebrities ?

    The New Gold Rush: 5 Uncapped Indian Players Make History at the IPL 2026 Auction

    The New Gold Rush: 5 Uncapped Indian Players Make History at the IPL 2026 Auction

    Handbags for Women That are Worth Every Penny

    Handbags for Women That are Worth Every Penny

    Elevate Video Scripts with an AI Writer That Builds Clear Structure

    Elevate Video Scripts with an AI Writer That Builds Clear Structure

    • 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

SC Dismisses Plea Seeking Inquiry Into Fees Charged By MP Advocate General In Nursing Council Case

Jamiat Ulama e Hind and Madani’s pitch for Sharia Laws for Muslims swearing by Secular Constitution

Supreme Court: No Fixed Timelines, No “Deemed Assent” for President or Governors on Bills

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

Byju Raveendran’s $1.07B Judgment Faces Legal Challenge: Inside the Procedural Flaws.
Law

Byju Raveendran’s $1.07B Judgment Faces Legal Challenge: Inside the Procedural Flaws.

15 December 2025

Imagine this. A judge instructs you and your opponent to go back the following day to talk about punishments....

Supreme Court: No Fixed Timelines, No “Deemed Assent” for President or Governors on Bills
Law

“Fit to Be Dismissed”: SC Upholds Sacking of Christian Army Officer for Refusing to Enter Gurudwara During Regimental Parade

25 November 2025

Reinforcing the Armed Forces’ uncompromising commitment to discipline and unit cohesion, the Supreme Court on Monday upheld the dismissal...

Supreme Court: No Fixed Timelines, No “Deemed Assent” for President or Governors on Bills
Law

Supreme Court: No Fixed Timelines, No “Deemed Assent” for President or Governors on Bills

20 November 2025

In a landmark opinion delivered on November 20, the Supreme Court held that neither the President nor a Governor...

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

Captured Turkish YIHA drone Showed by the Indian Army |Defence News| Operation Sindoor

Captured Turkish YIHA drone Showed by the Indian Army |Defence News| Operation Sindoor

00:00:58

A War Won From Above: The Air Campaign That Changed South Asia Forever

00:07:37

‘Mad Dog’ The EX CIA Who Took Down Pakistan’s A.Q. Khan Nuclear Mafia Reveals Shocking Details

00:06:59

Dhurandar: When a Film’s Reality Shakes the Left’s Comfortable Myths

00:06:56

Tejas Under Fire — The Truth Behind the Crash, the Propaganda, and the Facts

00:07:45
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

©2025 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

©2025 TFI Media Private Limited