The Madhya Pradesh High Court has issued a notice to the central government questioning the exclusive provision of Economically Weaker Section (EWS) benefits to the “general category.” This raises concerns about social justice and equality in EWS quota implementation, prompting a potential review and a call for a more inclusive approach.
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The Madhya Pradesh High Court has issued a notice to the central government in response to allegations of providing benefits under the Economic Weaker Section (EWS) exclusively to students/aspirants of the “general category only.” A double bench comprising Chief Justice Ravi Vijay Malimath and Justice Vishal Mishra directed the Centre to submit a response within six weeks during a hearing on a petition filed by the organization “Advocate Union for Democracy and Social Justice.”
The organization has emphasized that economic hardships exist across all categories and castes, challenging the government’s practice of confining EWS benefits exclusively to the general category. The court has directed the central government to submit a detailed response within six weeks, acknowledging the urgency and gravity of the matter.
Rameshwar Prasad Singh, one of the advocates representing the petitioner, emphasized the inconsistency of the EWS policy with Articles 15(6) and 16(6) of the Constitution.
“We argued that the Indian government has challenged the constitutional validity on five grounds since January 17, 2019,”
– Singh stated, highlighting the legal dimension of the case.
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Singh further argued against the exclusion of Other Backward Classes, Scheduled Caste, and Scheduled Tribe from the ambit of EWS benefits, asserting that such a practice is in violation of Article 14.
He stated–
“Not only this, EWS reservation is a special reservation, which is unconstitutional to be applied vertically. The government’s policy discriminates against the poor on a caste basis.”
The petition brings attention to the 103rd Constitutional Amendment, which mandates the provision of EWS reservation benefits to the economically disadvantaged across all categories.
The petition emphasizes that the EWS reservation is meant to uplift the economically weaker sections from all castes and categories, aiming to ensure equitable opportunities. The contention is that the current government policy falls short of this constitutional mandate and perpetuates discrimination against the economically deprived based on their caste.
Following the initial hearing, the Madhya Pradesh High Court promptly issued a notice to the central government, urging a comprehensive response to the allegations raised in the petition. This development underscores the judicial scrutiny of policies that impact the distribution of social and economic benefits, emphasizing the need for constitutional alignment in the implementation of reservation policies.
