Intro
- by 103rd CAA 2019
- 10% EWS reservation, total 60%
- breaches MR Balaji Case cap
Janhit Abhiyan Case 2022
- petitioner stated
- Reservation for EWS violates Basic Structure Doctrine as reservation only for historic injustice
- MR Balaji Case 50% cap sacrosanct (also reiterated in Indira Sawhney Case 1993)
- 19(1)(g) violated as interferes with pvt instintutions
- court stated:
- poverty adequate criteria for reservation
- MR Balaji Case 50% cap only for SC/ST/OBC reservation
- pvt reservation not violative of any right or basic structure
Issues
- breaching of MR Balaji Case 50% cap ⟹ if everyone reserved, then nobody is reserved
- populist tool for electoral gains
- focus on inc / improving edu/emp ignored due to reservation
- few years of business loss not comparable to historic discrimination
- many forward and dominant communities also demand reservation
Reccomendations
refer Reservation Recommendations