EWS Reservation- Supreme Court Constitution Bench Hearing DAY 3- LIVE UPDATES

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15 Sept 2022 10:14 AM IST

  • 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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    • 15 Sept 2022 12:32 PM IST

      CJI: This index takes into account what exactly?

      Farasat: It is multidimensional. The outcome of this is that backward classes are overrepresented in the poor categories and forward classes are underrepresented there.

    • 15 Sept 2022 12:31 PM IST

      Farasat: Look at 2012 figures, all over India, SCs are bottom. They're much more represented in the bottom than in above, where they are underrepresented.

      CJI: We haven't yet followed this.

      [Farasat explains the statistics to the bench]

    • 15 Sept 2022 12:31 PM IST

      Farasat refers to the RI statistics to further his submissions.

    • 15 Sept 2022 12:24 PM IST

      Farasat: It (material) uses data from IHD survey of 2011-12 by national council of economic research and NSSO Data from 1996-2001- most prestigious data.

    • 15 Sept 2022 12:23 PM IST

      Farasat: "5 out of 6 living in multidimensional poverty in India live in households headed by SC/ST". Even Sinoh commission states that backward classes are undoubtedly poorer.

    • 15 Sept 2022 12:22 PM IST

      Farasat refers to the concept of 'multidimensional poverty' experienced by backward classes through his material.

    • 15 Sept 2022 12:22 PM IST

      Farasat: The backward class is a) likely to be poor, b) their poverty is deeper and more intense, c) their poverty is likely to be stickier, persistent.

      [Refers to material pertaining to this submission]

    • 15 Sept 2022 12:22 PM IST

      Farasat: The material shows at the highest despite reservations, the backward class are poorer than the upper caste poor. If there is a correlation, even then, the backward class poor is poorer.

    • 15 Sept 2022 12:16 PM IST

      Farasat: It's not meant to address every problem. There are other ways to answer other problems.

    • 15 Sept 2022 12:16 PM IST

      Farasat: There is other affirmative action ways to address that problem, not necessarily through reservation. The idea of reservation was that it was a way for reparation. 

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