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The famous and acclaimed academician Professor Dr.Mohan Gopal today spoke in the Supreme Court where he put forward his arguments challenging the constitutional validity of the Constitution 103rd) Amendment.
The 103 rd Amendment introduced reservation for Economically Weaker Sections (EWS) in education and public employment.
While addressing a Constitution Bench comprising Chief Justice of India UU Lalit, Justices Dinesh Maheshwari, S Ravindra Bhat, Bela M Trivedi and JB Pardiwala,the academician Dr.Gopal said that the EWS quota inverted the concept of reservation as a tool of representation for the disadvantaged groups and has now converted it into a scheme for the financial upliftment.
As per the Professor the EWS quota excludes socially and educationally backward classes and confines the benefits only to the “forward classes”,which will lead to violation of the principles of equality and social justice amounting to infringe the basic structure of the Constitution.
In his address,he mentioned that the 103rd amendment is an assault on the constitution. It needs to be nullified .He further added that and neutralize the constitutions idea of treating unequals unequal stabbing the constitution in heart.
Dr.Gopal also told that before the EWS the reservations explained that the reservation were not based on a caste-identity, but on social and educational backwardness and lack of representation.
With the 103rd Amendment in effect states that backward classes are not entitled to EWS quota and the same is available only to the poor among the forward classes.
Talking on same,he apprised that in several states, several Brahmin communities who are victims of social discrimination have been given benefits under OBC reservation.
He said that reservation under Articles 15(4) and 15(5) is for all castes who are socially and educationally backward However, Article 15(6), which has been added by the 103rd amendment, specifically states it its for those who are not covered under SC/ST and SEBC reservation.
He stressed that the exclusionary aspect was is a negation of equality code .Adding to his point he said that if this was really economic reservation, it would be given to poor people irrespective caste. But that was not done”.
Dr.Gopal pointed out EWS reservation is based on the condition of an individual or a family, whereas the SEBC reservation is based on the community’s social and educational condition, which will take into account the structural issues.
EWS is given to individuals and families. This is very important. Ultimately constitution is a document that protects minorities- in a larger sense of of the word, those who are weak. And 103 amendment skews us away from that and looks at families and individuals”, he said.
He then listed out certain specific points which violate basic structure : It says that the benefits are not available to socially backward classes a and benefits are extended to forward class alone. In the constitution, reservation has been exclusively used only as a tool of representation.