Retired Supreme Court Justice J Chelameswar reportedly said on Wednesday, January 23 that the constitution of India enables reservations for socially and educationally backward groups and not for Economically Weaker Sections (EWS) of the society.
Delivering the first Ambedkar Memorial Lecture, titled ‘Seven Decades of the Constitution’ at IIT-Bombay, Chelameswar responded to a question by a student. “The text of the Constitution only enables the Parliament or the Legislative Assembly to make reservations for socially and educationally backward segments of society not economically weaker sections. To what extent the current programme will be sustained in court, I do not know and it is to be seen. I can only say that the text of the Constitution does not provide for it,” he said, the Indian Express reported.
The Narendra Modi-led Bharatiya Janata Party (BJP) government at the Centre tabled the Constitution (124th Amendment) Bill to provide 10 per cent reservation in education and jobs for EWS in general category. The bill was passed by both houses of the Parliament. However, it has been challenged in the Supreme Court.
He also spoke about judges accepting post-retirement positions, “It was my personal choice (to refuse any government post after retirement). The difficulty is that lots of laws stipulate the requirement of retired judges or sitting judges. You cannot then say no judge can be appointed,” he said, reported IE.
Also Read: Reservation Not a Poverty Alleviation Programme: DMK Moves Madras HC Against 10% EWS Quota