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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    Live Updates

    • 15 Sept 2022 11:54 AM IST

      Farasat: The introduction of this new thing violates basic structure. 

    • 15 Sept 2022 11:53 AM IST

      Adv Shardan Farasat (for petitioners): In effect what has been argued is that reservations, the original understanding, solely anti discrimination basis it was granted for. And it cannot be granted as anti deprivation. That is the basic structure.

    • 15 Sept 2022 11:50 AM IST

      Singh: In our country, 70% are not so well, then granting EWS is violative of basic structure. In alternative, EWS should be given to BPL category because we have data on that.

    • 15 Sept 2022 11:49 AM IST

      Singh: [Reads Art 9(3)] Only backward class was added. Condition precedent to reservation is "discrimination". The most fundamental requirement for any protective reservation is discrimination.


    • 15 Sept 2022 11:49 AM IST

      CJI: Thank you sir.

      Singh: It also refers to Art 9 of the original constitution it defines backward classes. 

    • 15 Sept 2022 11:49 AM IST

      Singh: Equality of status of opportunity shall be maintained.

    • 15 Sept 2022 11:49 AM IST

      Singh: That is sacrosanct. (Reads from Jayshree Patil, para 389) "If there be any unamendable features of Constitution... equality shall be secured to all citizens" 

    • 15 Sept 2022 11:48 AM IST

      [Singh refers to Jayshree Patil]

    • 15 Sept 2022 11:48 AM IST

      CJI: Input yesterday was 340, 341, 342- these emanate from constitution itself. That determination is something to be gone into.

    • 15 Sept 2022 11:48 AM IST

      CJI: That is also on adequacy of representation. The constitutional mandate is that if you're not adequately represented... You cannot elevate it as a constitutional principle. It is good research but it must take us somewhere.

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