Justice Nariman - EWS Quota Undermines Constitutional Principles

The Supreme Court upheld the 103rd Constitutional Amendment, granting 10% EWS reservation but excluding SCs, STs, and OBCs. Justice Nariman criticized this as contrary to the Constitution’s intent to uplift marginalized groups.

The judgment was alleged to violate Articles 15(1), 16(1), and 46 of the Constitution, by introducing economic criteria alone and breaching the 50% reservation cap. It also overlooked the historical basis for reservations.

Justice Nariman supported the minority’s dissent of Justice Bhat, arguing the amendment benefited upper castes and others not historically disadvantaged, distorting the Constitution's objectives. He suggested balancing EWS quotas within the 50% cap.