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To get EWS approved u will have to get Indira Sawhney Judgement of 9 Judge Bench reviewed as it bars any Economically based reservation and that wud put lit up India as SC/ST & OBCs wud then say that Govt wants caste based reservation review akin to Nuking oneself politically.
Also 50% CAP is now part of Basic Structure as enunciated in Nagraj Judgement of SC in 2006 which has been reaffirmed by Jarnail Singh judgement of 2018. So review of Keshavanand Bharti case i.e. a 13 Judge Bench wud need a 15 Judge bench which is next to impossible.
The Govt thus has the task cut out it has no data as in any Commission to back Economic Reservation in general category. The Sinho Commission elucidates EWS be given welfare measures not Reservations. It is unlikely that Mandal Judgement or Basic Structure wud be reviewed again.
Let the Govt say it wants Indira Sawhney Judgement reviewed for EWS. It would be political death knell for BJP. Anyway SC is unlikely to constitute a 15 Judge Bench anytime in future to review Mandal Judgement or Basic Structure. More likely EWS resevation will be struck down.
After the SC refused to recognise exclusive economic criterion, many high courts reiterated this view. Haryana’s 10% reservation for EBCs was stayed in 2016. In 2015, Rajasthan HC struck down 14% reservation for EBCs.
In Gujarat, 10% EBC reservation to meet the Patel demand for those earning less than Rs 6 lakh was struck down by Gujarat HC in 2016. One can say there was no Constitutional Amendment for these Laws to be sustained but then there is bar of Mandal Judgement & Basic Structure.
So ultimately this Constitutional Amendment will have to be tested on grounds of Basic Structure & EWS Quota in Mandal Judgement. With SC reiterating its views in 2006 & 2018 both seems unlikley this can be sustained in SC. Govt has a tough task on hand IMO !
The whole premise of giving Reservations in Constitution is on basis of Social & Educationally Backwardness as to people who were surpressed for centuries & discriminated in society thus removing the stigma by giving them opportunities.
Economic Backwardness is not class specific & there are no definitive or historical factors and welfare measures by state can cure economic backwardness. Not necessarily it needs reservations. Anyways lets see how it goes in Supreme Court.
