Former Union Law Minister Ashwani Kumar on Monday welcomed the verdict of the five-judge Constitution bench in the Supreme Court which upheld the validity of the Constitution's 103rd Amendment Act with a majority of 3:2.
The Constitution's 103rd Amendment Act provides 10 per cent reservation to the Economically Weaker Section (EWS) in educational institutions and government jobs. The top court said that the importance of the judgment lies in the fact that economic backwardness as the basis for reservation now stands accepted as a constitutional principle.
"The Supreme Court in a majority judgment has upheld the EWS reservation in public employment, private employment and education institutions on the basis of the economic criteria, which has been raising debate in this country for a very long time. The top court has said that economic backwardness can be a basis of reservation and this point has been reiterated even in the dissenting judgements," Former Union Law Minister Ashwani Kumar said in a conversation with ANI.
He further said, "Of course, there are different views on the subject and that is the fact that two distinguished judges have chosen to give a dissenting view on the overall judgement shows the debate will continue in the country."
Former Law Minister further said, "I also believe that the state should give benefits to a person belonging to any caste if they are economically weaker. But the views on the Indira Sawhney case are different. The reservation can only be given only on a social basis. By amending the Constitution, the Parliament has given a priority to the economic basis to grant reservation and it has been upheld by the Supreme Court."
"Hence, I would only say that this is the law for the land and dubbing of the supreme court as 'casteist' for any reason whatsoever is wholly improper," he said reacting to the Congress leader Udit Raj's comment, made earlier in the day.
However, Udit Raj later clarified that he did not oppose EWS reservation but challenged the upper caste mindset of the top court.
"Not opposing EWS reservation but I challenge the upper caste mindset of SC. When it came to expand the limit of 50 per cent reservation for SC/ST/OBC, they cited 50 pc limit of Indra Sawhney judgement. Today they cited that the Constitution has no limit...," Udit Raj had said.
Rejecting Udit Raj's remarks, Kumar added that it was incorrect to talk about the top court in that way. There can be disagreement with the SC's decision but calling the entire court casteist is not fair, he said.
"I don't think it is fair. It is not right to say this about the Supreme Court, it is also not right according to tradition. There can be disagreement with the decision of the Supreme Court but calling the entire court casteist is not fair in my understanding," Ashwani Kumar said.
( With inputs from ANI )
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