Existing User Account
Subscribe Premium

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

LIVELAW NEWS NETWORK

15 Sep 2022 4:44 AM GMT

    • 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.

    FOLLOW LIVE UPDATES HERE

    Live Updates

    2022-09-15 04:44:14
    • 15 Sep 2022 9:14 AM GMT

      Kapur: My last point is that 103rd amendment is discriminatory by being arbitrary as it doesn't go by procedure set out in Art 340.

    • 15 Sep 2022 9:14 AM GMT

      Kapur: EWS is 5% people. For these 5% people, if you're giving 10% reservations, naturally the threshold becomes lower.

    • 15 Sep 2022 9:11 AM GMT

      Kapur: Threshold for EWS is lower

      CJI: Do you have any material on that?

      J Bhat: Broader argument here is that it has left it to discretion of govt.

    • 15 Sep 2022 9:10 AM GMT

      Kapur: 103rd amendment is discriminatory of SCs and STs.

    • 15 Sep 2022 9:10 AM GMT

      Kapur: 15 cannot come in the absence either of abuse of power by state or citizens. Welfare measures can be provided but that cannot be under 15- that changes the character of fundamental rights.

    • 15 Sep 2022 9:10 AM GMT

      Kapur: Income is not necessarily due to discrimination.

    • 15 Sep 2022 9:10 AM GMT

      Kapur: 16(6) can only be in furtherance of equality of opportunity under 16(1). Unless it's in furtherance, it cannot stand.

    • 15 Sep 2022 9:09 AM GMT

      Kapur: 16(4) has to be in furtherance of 16(1). Similarly, 16(6) has to also be in furtherance of 16(1). So if 16(6) is violating 16(1), it cannot stand.

      [Refers on Indira Sawhney on how 16(6) violates 16(1)]

    • 15 Sep 2022 9:05 AM GMT

      Kapur: You have to alleviate poverty without trampling on fundamental rights.

      [Refers to India Sawhney and Minerva Mills judgement]

    • 15 Sep 2022 9:04 AM GMT

      Kapur: Poverty alleviation is certainly a goal for the State to strive for as per DPSPs. We have reservations for SC/ST/OBCs for years. But we see where they are on poverty. So reservation isn't even a good way to alleviate poverty.

    Next Updates Previous Updates
    Tags
    EWS Reservation#EWS#Supreme Court#Constitution Bench#EWS Quota
    Next Story
    X
    sidekick