New Delhi: On Tuesday, the Narendra Modi government defended the 10 per cent quota for the economically weaker sections (EWS) among General category and stated that it was aimed at benefitting the poor. Filing an affidavit in the Supreme Court, the government said the poor people among General category have been divested of the quota benefit thus far. The NDA government further guaranteed that the EWS quota does not violate the Supreme Court order on 50 per cent cap on reservation for backward classes. The government said that the Constitution does not define any 50 per cent cap on reservation, adding that it was defined by the Supreme Court.

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It is to be noted that the government further informed the apex court that in the Constitution Amendment Bill, two articles on fundamental rights have been amended. The government affidavit stated that a clause has been added in Article 15 of the Constitution which talks about economically weaker sections and to whom opportunities in education in private and public schools and colleges will be provided. Further, Clause 6 is being added to Article 16 to provide space to the economically weaker sections in addition to the SCs and STs. The Bill makes certain that existing reservation for SCs/STs and OBCs will remain untouched because of the 10 per cent quota.

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However, on Monday, the Supreme Court had stated that it will not pass an order at this stage to refer the matter to a Constitution bench. A bench, headed by Chief Justice Ranjan Gogoi, decided to hear on March 28 the plea to refer the 10 per cent quota matter to a Constitution bench. The Supreme Court had earlier refused to order a stay on the government’s move to grant 10 per cent reservation in jobs and admissions to the poor among the General category.