Question : EWS Reservation

GOVERNMENT OF INDIA
MINISTRY OF SOCIAL JUSTICE AND EMPOWERMENT
LOK SABHA

UNSTARRED QUESTION NO.248
TO BE ANSWERED ON 20.07.2021
EWS RESERVATION
248. SHRI MARGANI BHARAT:
Will the Minister of SOCIAL JUSTICE AND EMPOWERMENT be pleased to state:
(a) whether the Government is aware of the recent judgment of Supreme Court refusing to allow reservation above 50 percent, if so, the details thereof;
(b) whether 10 percent Economically Weaker Section (EWS) quota given by the Government would also become null and void;
(c) if so, whether the Government would consider amending necessary legislation and Constitutional provision; and
(d) if so, the details thereof?

Answer given by the minister

ANSWER

MINISTER OF STATE FOR SOCIAL JUSTICE AND EMPOWERMENT
(SUSHRI PRATIMA BHOUMIK)

(a): Yes Sir. Supreme Court in its Order dated 5th May 2021 in Civil Appeal No.3123/2020- have confirmed the Orders of Supreme Court in Indra Sawhney case that imposed a overall limit of 50% on the reservations.
(b): The reservations for the Economically Weaker Sections are not impacted by the above order. However, the reservation for the EWS category are under consideration of the Constitution Bench of Supreme Court separately.
(c): No Sir.
(d): Question does not arise in view of (c) above.

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