EWS Reservation- Supreme Court Constitution Bench Hearing DAY 2- 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 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...
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 concludes for the day. It will continue hearings tomorrow.
CJI (to Sr. Adv. Wilson): Modulate your submissions, let's not get into by lines whether OM was set aside. It's in different context.
J Bhat: Classification doesn't answer basic structure.
CJI: Mr. Wilson we want your views, not just paragraphs.
J Bhat: What is the test, what is that value of equality- couple of counsels have submitted on that, if you want to add it would be most useful.
Wilson quotes Justice Sahai's opinion in Indira Sawhney judgement.
Sr. Adv. Wilson will finish his arguments in tomorrow's hearings.
Wilson: Equality will be robbed away if 15(6) is implemented.
Coming to Article 46, who is weaker section? Caste is not mentioned, social backwardness is not mentioned. Reservation is not a poverty alleviation scheme under 46.
Wilson: That's why even Tamil Nadu is front runner in social upliftment. Today we have very good reservation schemes and it's why our apprehension is that it's affecting equality.
Wilson: What is the reason for reservation? Injustice for years. That's why reservation was given. Substantive equality, not formal equality was given. We have to see structural barriers, handicaps, they were kept from main streets...
Wilson: Today it is caste, earlier it was Jaati and Varna.
I don't want to quote eklavya in Ramayana. Don't want to mention how a president was turned out from temple, even first lady couldn't enter. Untouchability still is lingering in our society though Art 17 abolishes it
Wilson: There is a potential threat to equality. We shouldn't wait for it to come to court.
Wilson: So far as SC/ST/SEBCs- constitution is overseeing reservation by virtue of 366(24), 366(25), 338, 340,341...For EWS there is noone who would verify. It's left to the whims and fancies of executive and the State. It will destroy the constitution.