"Basic Structure Not Violated" : Supreme Court Upholds Application Of EWS Quota To Private Unaided Educational Institutions

The Supreme Court held that 103rd Constitution Amendment cannot be said to breach the basic structure of the Constitution by permitting the State to make special provisions in relation to admission to private unaided educational institutions.Constitution (103rd Amendment) Act, 2019The amendment inserted Clause (6) to Article 15 which reads as follows:(6) Nothing in this article or sub-clause (g) of clause (1) of article 19 or clause (2) of article 29 shall prevent the State from making,— (a) any special provision for the advancement of any economically weaker sections of citizens other than the classes mentioned in clauses (4) and (5); and (b) any special provision for the advancement of any economically weaker sections of citizens other than the classes mentioned in clauses (4) and (5) in so far as such special provisions relate to their admission to educational institutions including private educational institutions, whether aided or unaided by the State, other than the minority educational institutions referred to in clause (1) of article 30, which in the case of reservation would be in addition to the existing reservations and subject to a maximum of ten per cent. of the total seats in each category.One of the issues considered by the Constitution Bench was whether the 103rd Constitution Amendment can be said to breach the basic structure of the Constitution by permitting the State to make special provisions in relation to admission to private unaided institutions?Cannot be said to breach the basic structure The majority judgments by Justices Dinesh Maheshwari and Pardiwala relied on the judgment in Pramati Educational and Cultural Trust (Registered) and Ors. v. Union of India and Ors.: (2014) 8 SCC 1 to answer the above issue in the negative. In Pramati, it was held that the Constitution (93rd Amendment) Act, 2005 inserting clause (5) of Article 15 of the Constitution could not be said to have altered the basic structure or framework of the Constitution and is constitutionally valid. Justice Maheshwari held that the 103rd Constitution Amendment cannot be said to breach the basic structure of the Constitution by permitting the State to make special provisions in relation to admission to private unaided institutions."In view of the aforesaid, Article 15(6), which is the subject matter of challenge and which provides for reservation for the "EWS other than the SC, ST and OBC-NCL" in private unaided educational institutions, cannot be said to be altering the basic structure. It is constitutionally valid.", Justice Pardiwala noted in his judgment.Reservations in private institutions is not per se violative of the basic structureThe minority opinion by Justice S. Ravindra Bhat also addressed this issue and observed that EWS reservation is equally applicable to unaided private institutions. However, given that my analysis under question on 'exclusion' holds the Amendment to be violative of the basic structure, the question herein has been rendered moot, Justice Bhat said.The Judge said that reservations in private institutions is not per se violative of the basic structure."Reservations as a concept cannot be ruled out in private institutions where education is imparted. They may not be State or State instrumentalities, yet the value that they add, is part of the national effort to develop skill and disseminate knowledge. These institutions therefore also constitute material resources of the community in which the State has vital interest, and are not merely bodies set up to further private objective of their founders, unlike in case of the shareholders of a company. Such institutions are seen as part of the State's endeavour to bring educational levels of the country up, and foster fraternity,..."Case detailsJanhit Abhiyan vs Union Of India | 2022 LiveLaw (SC) 922 | WP(C) 55 OF 2019 | 7 Nov 2022 | Justices CJI U U Lalit, Dinesh Maheshwari, S. Ravindra Bhat, Bela M. Trivedi and J B PardiwalaHeadnotes[From Judgment by Dinesh Maheshwari J ]Constitution of India, 1950 ; Articles 14, 15, 16 - Constitution (103rd Amendment) Act, 2019 - Constitution validity of EWS Quota upheld (3:2 Majority) - 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 - Exclusion of the classes covered by Articles 15(4), 15(5) and 16(4) from getting the benefit of reservation as economically weaker sections, being in the nature of balancing the requirements of non-discrimination and compensatory discrimination, does not violate Equality Code and does not in any manner cause damage to the basic structure of the Constitution of India - The 103rd Constitution Amendment cannot be said to breach the basic structure of the Constitution by (1) permitting the State to make special provisions, including reservation, based on economic criteria (2) permitting the State to make special provisions...

"Basic Structure Not Violated" : Supreme Court Upholds Application Of EWS Quota To Private Unaided Educational Institutions

Ashok KM

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