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 3:43 PM IST

      Bhat J: If one takes into account this briefest of submission, that this violates 50% ceiling limit. So you say you can evolve it to confine within 50%. Is that right?

      G.S.: Yes, but to add- my argument is this, in 15(6)(b) and 16(6)(b), the language is little different in 15(6).

    • 15 Sept 2022 3:42 PM IST

      G.S.: Right to Education imposes quota for EWS. EWS is not an alien concept. It shouldn't be frowned down upon.

    • 15 Sept 2022 3:40 PM IST

      CJI: We haven't yet heard anyone from forward community coming against EWS. 

    • 15 Sept 2022 3:39 PM IST

      Sr. Adv. Gopal Sankarnarayan (for Petitioners): I am appearing for Youth for Equality, an independent group. They're primarily against caste based reservations.

    • 15 Sept 2022 3:38 PM IST

      CJI: You are all counsels of this court. You must help us in maintaining discipline.

      Bhat J: Unless you say there is some additional point, you can give us in writing, we'll go through it.

      CJI: We will start hearing Mr. Sankarnarayan first. In case time permits we'll come to you

    • 15 Sept 2022 3:36 PM IST

      More counsels seek to submit for petitioners.

      J Bhat: Where do we draw the line? 11 counsels will appear and then 11 more will appear.

    • 15 Sept 2022 3:36 PM IST

      CJI: Two counsels followed time limit. Everyone who is following is not sticking to time limit.

      Counsel: Your Lordships have also not stopped that.

      CJI: Why should we? 

    • 15 Sept 2022 3:36 PM IST

      Kakade concludes. 

    • 15 Sept 2022 3:35 PM IST

      Kakade: This would annihilate purpose of reservation. The last submission is that ceiling of 50% need not be breached.

    • 15 Sept 2022 3:35 PM IST

      Kakade: My next argument is based upon income category. When economic criteria is to be considered, it cannot be copy pasted from other categories. Mr. Farasat presented a chart...92% people earn less than 25000Rs per month. 

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