EWS Reservation- Supreme Court Constitution Bench Hearing DAY 3- LIVE UPDATES
The Supreme Court Constitution Bench will commence the hearing on the cases challenging the constitutional validity of reservation for economically weaker section of citizensThe petitions challenge the validity of Constitution (103rd) Amendment Act 2019. Economic reservation in jobs and education was proposed to be provided by inserting clause (6) in Articles 15 and 16 of the Constitution...
The Supreme Court Constitution Bench will commence the hearing on the cases challenging the constitutional validity of reservation for economically weaker section of citizens
The petitions challenge the validity of Constitution (103rd) Amendment Act 2019. Economic reservation in jobs and education was proposed to be provided by inserting clause (6) in Articles 15 and 16 of the Constitution through the amendment passed by the Parliament in January 2019. The newly inserted Article 15(6) enabled the State to make special provisions for advancement of any economically weaker section of citizens, including reservations in educational institutions. It states that such reservation can be made in any educational institution, including private institutions, whether aided or unaided, except minority educational institutions covered under Article 30(1). It further states that the upper limit of the reservation will be ten percent, which will be in addition to the existing reservations. After the amendment was notified by the President, a batch of petitions were filed in the Supreme Court challenging the constitutional validity of economic reservation.
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The bench rises.
J Bhat: Because we're only looking at vertical reservations. But there is horizontal reservations too.
CJI: You said something about cut offs on civil service exams. We need material on that.
CJI: We have the estimate 3 hours in petitioners and 9 hours between respondents. So 3-4 more days? We will let Mr. Sankarnarayan finish and give one hour to intervenors.
J Bhat: Nodal counsels, give us extent of reservation, both vertical and horizontal.
The court discusses how much more time the hearing would take.
G.S.: The idea is that the constitution today says "in addition to existing reservations" and it causes limit to go above 50%
There are several states which have crossed 50%.
The idea is that 50% cannot be crossed and that's a basic feature norm.
G.S.: Everything has to be accommodated in that 50%. This amendment does not give leeway to State to remove reservations.
G.S.: If 103 judges of this court Cement something down in no uncertain terms in singular voice, perhaps that has reason to be understood as essence at the heart of quality code.
G.S.: My arguments will be on- one, establishing that 50% ceiling limit is a part of basic structure. For this, I'll rely largely on Nagaraj. Second on 53 judgement of your Lordships.
Bhat J: Nagaraj I can understand, it was on constitutional amendment others I don't know.
G.S.: If I have to argue on basic structure, in this new era, after Indira Sawhney, I'll have to take you through those three judgements, esp in Nagaraj.
G.S.: The edifice of equality code, first appeared to be impacted when the 4 constitutional amendments came up for challenge in Nagaraj. Second time was with 93rd amendment.